Sell 5 bank cards to others illegally profit -making.
Author:Cover news Time:2022.09.08
Cover Journalist Song Xiao
For thousands of dollars to break the law, it was too late to regret it. On September 8th, the reporter learned from the Chengdu Railway Transport Second Court that recently, the trial of the Court of Court of Railway Court helped the information network criminal crime case trial. The "accomplice" of the fraud gang.
The court found out that the defendant Wang Moumou knew that others had committed crime activities and sold the five bank cards, mobile phone cards, and ID photos under his name to Cheng. These bank cards are used to implement telecommunications fraud funds transactions, and the payment settlement amount has reached one million yuan, resulting in a number of victims being deceived, and Wang Moumou illegally made RMB 3,500.
According to Article 2 of Article 287 of the Criminal Law, the "Crime Crime" is in prison or detention of less than three years, and a fine or a single fine. In the end, the court sentenced Wang Moumou to help the information network criminal activity, sentenced to two years and five months in prison, three years of probation, and fined 5,000 yuan and recovered illegal income.
The "sin crime" was rarely known at the beginning of its establishment, but it has increased since 2020. Among the various types of criminal crimes in 2021, the number of prosecutors for faith ranked 3rd, second only to dangerous driving and theft. Among them, the three types of cases involved in "sin" are relatively prominent: 1. Help upstream scam gangs "run" money laundering 2. Provide fraud gangs to send and receive SMS verification codes "service" 3. illegally obtain and provide batch for fraud gangs and provide batch batch Social media accounts, "unblocked" banned accounts.
"I don't know in advance, not for the exemption." The judge reminded that in the practice of "helping the crime", some defendants argued: "I don't know in advance." crime".
However, from the composition of crime, the "sin of the letter" does not require an actor to recognize the specific content of the crime of the help object, nor does it require an actor to contact the intention of the help object. Helping the object can use the information network to commit crimes to establish the crime.
In the trial practice, when the judicial organs determine whether the defendant really knows or not knows, not only listening to the defendant's sentence "I don't know", that is, it is determined that its subjective unknown knows. In addition to the chat records and illegal income benefits, the trial authority will also In order to push the theory if the defendant "knows" according to a certain life logic.
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