The Guangdong Court released a typical case of punishing telecommunications network fraud crimes in accordance with the law

Author:Yangcheng Evening News Yangche Time:2022.09.23

Text/Yangcheng Evening News all -media reporter Dong Liu Correspondent called Qing and Chen Baichun

On September 22, the Guangdong Higher People's Court released 7 typical cases of punishing telecommunications network fraud crimes in accordance with the law. These cases include strict cracking down on "public welfare", investment wealth management, micro -business marketing, and using online social platforms. It reflects the Guangdong Court's full use of the trial functions, adheres to severe punishment, combat full -chain, and pursue damage to the whole efforts, implement source governance and comprehensive governance, and effectively safeguard the people's vital interests and property safety.

Strict cracking down on cyber fraud criminal gangs first elements -the defendant He Mouli and other 24 fraud cases

From September 2016 to July 2018, 24 people including the defendant He Mouli and the defendant Qiu Mouye established a number of cultural, trade companies, to use the company's structure to form a criminal group. "" Suissure "," Push Fan "," Talking Chat "and other steps, to win sympathy through fictional to poor mountainous areas, visiting the elderly at the welfare home, to deceive the victims to buy low -cheap tea, bracelets and other items at high prices, causing 170,000 people to deceive The amount of fraud reached more than 220 million yuan.

The Guangdong Provincial Higher People's Court took effective judgment that the criminal group organized by the defendant He Mouli and others covered its illegal possession by online transactions. Through fictional facts, he acquired trust and sympathy, to deceive the victims to buy low goods at high prices, and the amount was particularly huge. Its behavior constitutes a crime of fraud. He Mouli was the first element of the criminal group and punished in accordance with all the crimes committed by the group. The defendant Qiu Mouye was the chairman and administrative director of the company, and was punished in accordance with all the criminal penalties he participated or organized and commanded. According to the facts, the nature of the crime, the nature of the circumstances, and the degree of social harm of each defendant, he was sentenced to life imprisonment for fraud, deprived of political rights for life, and confiscated all personal property; he was sentenced to 15 years in prison and punished Gold RMB 500,000; the remaining defendants were sentenced to eight to three years in prison and fined. After the funding and other assets of the funds are disposed of, they will be repaid after the realization of the law.

The court stated that the "fraud" of criminals' fake "public welfare" in this case, the motivation was despicable, the crime and consequences were particularly serious. Telecom network fraud crimes are determined to strictly strike in accordance with the law.

Strict cracking down on cross -border cyber fraud gang crimes -defendant Liu Mouliang and other five people fraud cases

From April 2015 to February 2019, the defendant Liu Mouliang and the defendant Du Moulong registered an investment company in Guangzhou, and set up an overseas business department in Malaysia to illegally build a false futures trading platform and organize many same cases. (Prosecution of another case) Using false propaganda, arranging the water army to send a screenshot of profit, etc., the victims are deceived to enter the WeChat group, live broadcast room and open an account to the company's false platforms, and then deliberately cause the victims to lose money by inducing "transactions" and preset parameters. Its payment of huge "handling fees" and "difference", and eventually illegally possess the property of the victim. After investigation, 441 victims lost a total of more than 85.71 million yuan on the false platform.

The Guangdong Provincial Higher People's Court took effective judgment that the defendant Liu Mouliang and others formed a criminal group to use false illegal trading platforms to fictional facts and concealed the truth, tricked customers to sell futures products, deliberately causing customers to lose money, violating the customer's wishes of the customer's wishes of funds For dominance, illegal possession of the property of the victims, and its behavior constitutes a crime of fraud. Liu Mouliang is the first element of the criminal group. Du Moulong and other four are the main criminals. According to the criminal facts, nature, plot, and social harm of each defendant, Liu Mouliang is sentenced to 13 years in prison and punished Gold is RMB 1 million; four people including Du Moulong were sentenced to 11 to six months and ten months in prison, and fined RMB 800,000 to 500,000 yuan.

The court said that the defendant in this case established a cross -border criminal group with a fictional network futures trading platform. It has long been used to implement fraud in the company's model and has great social harm. The people's court punish criminals in accordance with the law. At the same time, investors remind investors to carefully judge the falseness and risk of "high returns", improve their ability to show their anti -fraud, and prevent being deceived under high -yield lies.

Punish fraud crimes of online social activities in accordance with the law -50 people including the defendant Wu Mou Shen

Since May 2020, the defendant Wu Moushen and Wen Mouchao have obtained the scam "talk" script on a scam device on a live broadcast platform, and the defendants Wen Mouxiang, Yue Mouzheng and others have invested in setting up a live broadcast company to recruit a large number of women. The anchor and keyboard player arranged the live video of the female anchor according to the "Talk" script, and developed a relationship with the victims to develop a virtual gift with the victim's relationship with the victims, and obtained illegal interests by obtaining the live broadcast platform rebate. As of the incident in August of the same year, the gang's illegal obtained more than 8.22 million yuan.

The Jiangmen City Intermediate People's Court took effect that the defendant Wu Moushen, Wen Mouchao, Wen Mouxiang, Yue Moumou and others formed a criminal group to seduce others to perform scams in the method of rewarding in the live broadcast. crime. The criminal group expands rapidly within a few months, and the establishment of a den in many provinces is extremely harmful and should be severely punished. Wu Moushen, Wen Mouchao, Wen Mouxiang, Yue Moumou's criminal group's primary elements, the defendant Wu Moujian and other 16 were the prisoners. The crime of fraud was sentenced to Wu Moushen, Wen Mouchao, Wen Mouxiang, and Yue Mouzheng for twelve years to 11 months and two months, and fined a fine of RMB 1 million to 900,000 yuan; the remaining defendants People have been sentenced to ten to six months to two years in prison and fined. The court said that criminals organized anchor anchor online live interaction to obtain the favor and trust of the victims, and then promised to further develop relations or even meet offline to seduce the victims to recharge to buy virtual gifts on the live broadcast platform, which is a new type of fraud. In this case, this case severely cracks down on cyber social fraud in accordance with the law and wakes up the public to improve its social recognition capabilities, especially watched the emotional trap in the virtual network.

Severe punishment of "killing piglets" cross -border cyber fraud crimes -defendants Yu Moucheng, He Mouqiang and others fraud, stealing the country (edge) case

On February 28, 2019, the defendants Yu Moucheng, He Mouqiang and others were illegally stole the China -Myanmar borders from Yunnan Province under the organization of others, and participated in a telecommunications fraud criminal group in a large hotel in Myanmar, and arranged according to the criminal group arrangement. Through the "network chat love" method, the victim's trust was obtained, and the victims were seduced to recharge the gambling platform controlled by the group. Among them, Yu Moucheng participated in the fraud for nearly 3 months and the amount of fraud was about 1.03 million yuan; He Mouqiang participated in the fraud for 2 months and the amount of fraud was about 470,000 yuan.

The Guangzhou Municipal Intermediate People's Court took effect that the defendant Yu Moucheng, He Mouqiang, and others for the purpose of illegal possession were the purpose of illegal possession. Crime of fraud, stealing the country (edge). Among them, Yu Moucheng's fraud was particularly huge. He Mouqiang's fraud was close to the "particularly huge" standard. At the same time, he had "the implementation of telecommunications network fraud abroad" and should be identified as "other particularly serious plots." Then he sentenced Yu Moucheng and He Mouqiang to four years and seven months, three years and four months in prison, and fined fines for fraud and punishment.

The court said that in order to avoid supervision and blows, the telecommunications network fraud gang set the criminal dens abroad, collected from domestic and recruited personnel to commit crimes. The people's court determined that He Mouqiang's behavior was "other particularly serious plots". It was suspended at the same grade as "the amount is particularly huge", which reflected the severe punishment for cross -border telecommunications network fraud crimes.

Punishment of cyber fraud crimes infringing citizen's personal information in accordance with the law -defendant Zhang Mouwen and other 7 people fraudulent and violate the personal information of citizens

In October 2020, the defendant Zhang Mouwen purchased more than 1,800 citizen's personal online loan information information from the Internet. He organized Zhang Mouming and other 6 people to pretend to be online loan platforms to urge loan personnel to display calls, send text messages and web links. The victim's personal online loan information obtained trust, and then asked the victim to return the loan to the designated account to deceive the victim's money. As of the incident on November 5 of the same year, Zhang Mouwen and others deceived a total of about 161,000 victims.

Jieyang City's Jie East District People's Court took effect that the defendant Zhang Mouwen and others were posing as the customer service staff of the online loan platform to deceive others' property with illegal possession. Personal information, serious circumstances, and their behavior constitutes the crime of infringing the personal information of citizens. In the joint fraud, Zhang Mouwen was the main criminal. According to the facts of the criminal facts, the nature of the crime, the plot, and the degree of social harm of each defendant, Zhang Mouwen was sentenced to five years and six months in prison for fraud, violating the personal information of citizens, and fined 65,000 yuan; The other defendants were sentenced to less than three years in prison for fraud and fined.

The court stated that the violation of the citizen's personal information crime is the upstream associated crime of telecommunications network fraud. The defendant used illegal citizen's personal information to deceive the victim's trust, implement fraud, and social harm. The people's court was punished and punished the defendant in accordance with the law, reflecting the strict combat of the crime according to law.

Severe punishment of cyber fraud crimes in the WeChat circle -34 people including the defendant Chen Mouxiang and Xie Mouheng and other 34 people fraud cases

The defendant Chen Mouxiang set up a number of e -commerce companies in the name of online sales of cordycopes of cordycopes and ginseng tea, and organized 33 people including Xie Mouheng to follow the fraud "speaking" and processes. In the merchant group, the victims who intended to sell the company's products, and then arranged employees to pretend that buyers would buy products or false commitments to the victims to become the next sales agent, creating the illusion of the product, to deceive the victims to sell and pay the agency level. By the incident, the criminal gang had a total of more than 5.09 million yuan.

The Huidong County People's Court of Guangdong Province took effect that the defendant Chen Mouxiang and others were illegally possessing, fictional facts, concealed the truth, and cheated others' property. The amount was particularly huge, and their behavior constituted a crime of fraud. According to the facts, the nature of the crime, the nature of the crime, the plot, and the degree of social harm, the organizer Chen Mouxiang was sentenced to twelve years in prison; Penalty. The court stated that the defendant in this case created a hot -selling illusion of products through self -selling and self -selling, to trick micro -business practitioners to "enter the bureau" to achieve the purpose of illegally possessing the property of others. The people's court should strengthen work cooperation with functional departments such as market supervision and jointly rectify criminal acts in the micro -business district.

Kuan Yan Xiangji govern campus network crimes -the defendants Liang Mouzheng, He Mouka and other cases of helping information network criminal activities

In February 2020, the defendant Liang Mouzheng (a student at a technical college in Guangzhou) knew that others were engaged in cyber criminal activities. , Profit 6,300 yuan. After verification, 7 bank cards settled from February to June 2020, a total of more than 22 million yuan in funds, which caused tens of thousands of victims to be fraudulent.

The People's Court of Liwan District, Guangzhou, took effect that the defendants Liang Mouzheng and He Mouka knew that others used the information network to implement crimes to provide payment settlement for crimes. Liang Mouzheng and He Mouka were all students at school. Among them, He Mouka automatically committed the crime after committing the crime and took the initiative to refund the stolen and refund. The people's court sentenced Liang to one year and two months in prison for helping the information network criminal activity, and fined 10,000 yuan; He Moua was sentenced to one year in prison, one year and six months of probation, and a fine of RMB 3,000. Yuan.

Source | Yangcheng Evening News · Yangcheng School

Editor -in -law | Chen Qian

School pair | Peng Jiye

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