A case is better than a stack of documents -nine "true cases" unveiled the telecommunications network fraud "hypothesis" for you

Correspondent Xiexi Photo

Zhoukou Daily · Zhou Dao client reporter Chen Yong Group

"A case is better than a stack of files." The case is the vivid practice of the construction of the rule of law in China. It is the most vivid textbook for the people to understand the law and the law.

In order to carry out the "Monthly Publicity Monthly Propaganda Monthly Publicity Month of Campaign of Telecom Network Fraud Crime Crime", recently, the Luyi County People's Court announced 9 related cases this time, involving fraud, help letter, obstruct credit card management, concealed concealment of criminal income, invaded the personal information of citizens' personal information , Types of buying and selling national organs, collection of illegal debt, etc., are designed to highlight the firm determination and attitude of people's courts to crack down on telecommunications network fraud, reveal the means of telecommunications network fraud and face, remind the general public to abide by discipline and increase their vigilance, so as not to be deceived. Once the rights are damaged, report the case to the public security organs in a timely manner to create a strong atmosphere of group defense and regulation, and eliminate criminal soil.

1. Cai's fraud case

【Basic Case】

After the trial, it was found that since March 2018, Yu Moumou, Zhu Moumou (separately handled) and others have not been approved, and have developed and utilized 7 illegal network loan platforms to implement "routine loan" crimes. Yu Moumou and others gathered the defendant Cai Mou and others engaged in illegal online loan activities. They used threats, abuse, and disturbances to forcibly collect loans, forming Yu Moumou and others, led by Yu Moumou, defendant Cai and other important members and compared Fixed evil forces crime group. The criminal group fakes the name of private lending, and seduces the victims to borrow with low interest rates, unsecured, non -guaranteed, fast lending, etc., and uses virtual borrowing amounts, freely identify defaults, and collect overdue expenses and other means to collect high amounts of high amounts. "Commodity fee" and "service fee" overdue fee. In the case of the victim's unable to repay, the criminal group uses telephone disturbances, PS obscene pictures, threats, abuse and other means to collect, resulting in serious consequences such as unemployment, selling houses, and suicide of some victims, causing bad social impact. The criminal group implemented a total of more than 80,000 yuan for fraud. Among them, the defendant Cai actively participated in the operation of 7 illegal online loan platforms, provided servers, found funds, attract "gold master", and jointly participated in fraud.

【Judgment results】

According to the trial of the Luyi County People's Court, the defendant Cai Mou made a manner for illegal possession, adopting the means of fictional facts and concealing the truth, to deceive the property of others, and the amount was particularly huge, and his behavior constituted the crime of fraud. , The main criminal. In November 2021, the defendant Cai was sentenced to 14 years in prison for fraud, and he confiscated 600,000 yuan in personal property, ordered the victim to lose the loss.

2. Huang Moumou and other 23 people have obstacled credit card management cases

【Basic Case】

The defendants Huang Moumou and Zhou Moumou have gathered other defendants for a long time, selling other people's bank cards to Wei Moumou (separate cases) and others to provide transfer tools for upstream telecommunications fraud crimes. 23 defendants sold a total of 1,235 bank cards, of which the defendant Huang Moumou sold 587 units. The defendant Lei Mouxi, Lei Moumou, and others also took the melon of 250,697 yuan from the bank card.

【Judgment results】

According to the trial of the Luyi County People's Court, the defendant Huang Moumou and others made illegal interests and bought and sold other people's bank cards. For the purpose of illegal possession, people have a huge or large amount of stolen other people's property, and their behavior has constituted the crime of theft. According to the role of the defendants in crime, guilty, meritorious merit, and confession attitude, and retreating stolen, in January 2021, the defendant Huang Moumou was sentenced to 6 years in prison for obstructing credit card management, and a fine of 120,000 Yuan, the crime of crime of obstructing credit card management, the crime of theft or penalties or the crime of obstructing credit card management sentences the remaining defendants for 6 years, 6 months to 1 year and 5 months. ; Recovery illegal income.

Third, Tang Moumou and other 6 people helped information network criminal activities

【Basic Case】

From April to August 2021, the defendants Li Moumou, Nie Moumei, Nie Moucheng, Nie Mouang, and Chen Moumou leased the 6 bank cards held to the defendant Tang Moumou as a payment settlement tool for payment settlement tool For profit, the rental price per bank card is 500 yuan to 1,000 yuan per day. The transaction price and method are obviously abnormal. It belongs to the behavior that knows that others use information network crimes to help. After the incident, the defendant Nie Moucheng returned 1,2100 yuan to the public security organs, the defendant Nie Mou just returned 10,100 yuan in illegal income, and the defendant Chen Moumou returned 4,800 yuan.

【Judgment results】

According to the trial of the Luyi County People's Court, six people including the defendant Tang Moumou knew that others used the information network to implement crimes to provide payment settlement assistance. Light punishment can be punished according to law. In February 2022, the defendant Tang Moumou was sentenced to 10 months in prison and a fine of 6,000 yuan in the crime of helping the information network crime. The defendant Nie Moucheng was sentenced to 7 months in prison and fined 4,000 yuan; he was sentenced to 6 months in prison, one year in probation, and a fine of 3,000 yuan; The probation was one year and a fine of 2,000 yuan; the defendant Nie Moumei was detained for 5 months, the probation was 6 months, and the fine was 2,000 yuan; the illegal income was confiscated. Fourth, Chen Moumou and other 9 people to cover up and conceal the criminal income case

【Basic Case】

Since August 2021, the defendant Chen Moumou and others have gathered other defendants to drive other defendants and drive cars. The bank card has a total of 3.08 million yuan, and the upstream is fraudulent crimes implemented in the name of ordering, loans, and purchase of fakes claims. In August 2021, the defendant Wang would use the five bank cards that he handled in his own name for the purpose of profit, with a total of more than 360,000 yuan.

【Judgment results】

The Luyi County People's Court considers that the defendant Chen Moumou and others knew that it was the income of the crime and concealed it, and the circumstances were serious, and the behavior constituted to cover up and concealed the criminal commitment. It still provides help to settlement and settlement for its crimes, and its behavior constitutes a crime of helping information network crime; in common crimes, the defendants Chen Moumou and Kong Moumou are the main criminals, and other defendants are criminals. According to the confession attitude and guilty offenders, in March 2022, he was sentenced to 4 years and 4 months in prison for covering up, concealing crimes and theft, and punishing the defendant Wang. The crime of crime was sentenced to 4 years and 6 months in prison, and a fine of 20,000 yuan was fined; 10,000 yuan to 3,000 yuan is not equal; confiscation of illegal income.

V. Wen Moumou and other 7 people to hide and conceal the criminal income case

【Basic Case】

From June 2020 to July 15, 2020, the defendant Wen Moumou used other defendants to use mobile phones to use "Huocoin", OKEX, "Bonitan" and "Bitcoin" software, and used himself and multiple others many times. The Alipay account opened by the identity and the Zhejiang Internet Commercial Bank card as a payment settlement tool to "run points" by purchasing and selling virtual currency to make profits. A total of RMB 9314436.03, a total of RMB 9314159.13.

【Judgment results】

The Luyi County People's Court held that the concealment and concealment of 7 people including the defendant Wen Moumou could not be investigated and punished in time, and caused major losses of public and private property to be unable to recover. In the joint crime, the defendant Wen Moumou was the main criminal, and the other defendants were criminals. According to the facts, nature, plot, and social harm, in December 2020, the defendant Wen Mou was sentenced to 4 years in prison for covering up and concealing the crime. The sentence is not equal to the sentence of 2 to 3 years, and the fines ranging from 3,000 to 5,000 yuan; the obtained illegal income is confiscated.

6. Su Mou and Xue Moumou illegally obtained computer information system data cases

【Basic Case】

From August to December 2019, the defendant Su Mou, the defendant Xue Moumou, bought the "Cat Pond", inserted the mobile phone card to the "Cat Pond" to get the verification code, and sold it on the "CreditEase" code platform. Use this verification code to register with new members of Douyin, Taobao, JD, WeChat, and QQ. The defendant Su Mou made a profit of 28084 yuan, and the defendant Xue Mou made a profit of 7116 yuan.

【Judgment results】

According to the trial of the Luyi County People's Court, the defendants Su Mou and Xue Moumou violated the regulations of the country and obtained data in the computer system. The defendant Su Mou surrendered himself and could be punished lightly; the defendants Su Mou and Xue Moumou actively refunded the stolen goods and paid the fines. In October 2021, the defendant Su Mou was sentenced to 3 years in prison, 5 years in prison, and fined 20,000 yuan for illegal data system data. And fined 10,000 yuan; confiscated illegal income and tools for crimes.

7. Zhao Moumou's case of violations of citizens' personal information

【Basic Case】

Since September 2020, the defendant Zhao Moumou illegally obtained a large number of citizen's personal mobile phone number information, engaged in abroad, and harassed related mobile phone users. By retripping the relevant data from the defendant Zhao Moumou's computer, the defendant Zhao Moumou illegally obtained about 890,000 personal mobile phone numbers of citizens, and illegally made 20,000 yuan.

【Judgment results】

The Luyi County People's Court held that the defendant Zhao Moumou violated the relevant national regulations, illegally obtained personal information of citizens and provided them to others. The plot was particularly serious, and his behavior had constituted the crime of infringing the personal information of citizens. Combined with the facts of crime, the nature of crime, the plot and social harm, in April 2022, the defendant Zhao Moumou was sentenced to three years in prison and fined 10,000 yuan; he recovered illegal income. 8. Eight people, such as Xiang Moumou, buying and selling state organs' documents

【Basic Case】

From March to April 2020, the defendant, Moumou and others registered the company in the market supervision department, and sold the company's business license at a price of 1,500 yuan or 3,000 yuan per set, with a total of more than 20 sets.

【Judgment results】

According to the trial of the Luyi County People's Court, eight people including the defendant, such as Shimou, traded the state organs of state organs, the criminal facts were clear and the evidence was really sufficient, and their behavior constituted the crime of trading state organs. The defendant surrendered himself. According to the facts, circumstances and social harm of the defendants, in October 2021, the defendant was sentenced to one year in prison for the crime of trading a state organs, a fine of 5,000 yuan; It is not equivalent to one year and has a fine of ranging from 1,000 yuan to 10,000 yuan; it is ordered to refund the illegal income.

Nine, Wu Moumou collected illegal debt cases

【Basic Case】

After the trial, the defendant Wu Moumou was recruited by an illegal online loan platform agent, from December 2018 to May 2019, taking telephone disturbances, threats, and abuse methods to collect overdue customers. The recovery amount is more than 250,000 yuan.

【Judgment results】

According to the trial of the Luyi County People's Court, the defendant Wu Moumou accepted illegal debt for illegal online loan platforms through disturbances, threats, abuse and other methods, constituting the crime of collecting illegal debt; Treatment; after the case, the crime is truthfully confession, which is frank and can be punished lightly. In January 2022, the defendant Wu Moumou was sentenced to six months in prison and fined 2,000 yuan in prison for collecting illegal debt, and he ordered the victim's loss.

- END -