The Guizhou Provincial Court announced 7 examples of telecommunications network fraud. Everyone is c
Author:Qiandongnan Daily Time:2022.06.14
Today (June 13), the Guizhou Provincial Higher People's Court held a press conference to release a typical case of the recent crackdown on telecommunications network fraud in the provincial courts, reminding the public to beware of being deceived!
Typical case 1: Zheng Moufei fraud case
1. Basic case circumstances
In early September 2020, the defendant Zheng Moufei was invited by others to go abroad to carry out telecommunications network fraud criminal activities. In mid -October of the same year, Zheng Moufei used the "Momo" chat tool to know the victim Chen Moufen in the territory. After gradually obtaining the trust of Chen Moufen, Zheng Moufei seduced Chen Moufen to invest on a false network investment platform, causing Chen Moufen to be deceived RMB 10,000. At the same time, by Zheng Moufei, Chen Moufen invited the victim Chen Moufu to participate in the investment, causing Chen Moufu to be deceived RMB 45,000. Zheng Moufei made more than 9,000 yuan illegally from China.
On August 4, 2021, the defendant Zheng Moufei took the initiative to invest in the public security organs. His family members lost all the losses of the victims Chen Moufen and Chen Moufu, and obtained the understanding of the victims.
Second, the referee results
The court of first instance believes that the defendant Zheng Moufei for the purpose of illegal possession, and the act of carrying out telecommunications network fraud abroad, and the behavior of deceiving the RMB 55,000 of others, has constituted a crime of fraud. In view of Zheng Moufei, he voluntarily pleaded guilty, his family members lost all the victims on behalf of the family members and obtained understanding, and punished him lightly according to law. Based on this, Zheng Moufei was sentenced to one year and ten months in prison for fraud, and fined 10,000 yuan.
After the sentence, the defendant Zheng Moufei did not appeal. The case has occurred in this case.
Third, typical meaning
In recent years, my country has continued to maintain a high pressure of cracking down on telecommunications network fraud crimes. The space for domestic telecommunications network fraud crimes has been greatly squeezed, and illegal criminals have turned to criminal activities overseas. Become a major tumor that affects the harmony and stability of society. The masses hate it and must be punished severely. In this case, the defendant Zheng Moufei was engaged in telecommunications network fraud abroad. His behavior had violated the criminal law and should be severely punished according to law. Zheng Moufei could take the initiative to return to China from overseas to surrender, voluntarily pleaded guilty, and compensated all the economic losses of the victims. The attitude of confession and regret was sincere.
Here, the court is telling the telecommunications network fraud criminals. Do not mistakenly think that it is a place outside the law to crack down on blind spots.
Typical case 2: Chen Mou fraud case
1. Basic case circumstances
From May 2020 to February 2021, the defendant Chen participated in the telecommunications network fraud criminal group established by Houfei, He Mou and others overseas to implement the "piglets" fraud in the domestic people and served as the fraud crime group. "National Treasure Group" team leader. The fraud group adds the victim through the social chat software such as Douyin, Kuaishou, and the victims chatted to deceive the victim's trust in the way of "falling in love". And then implement fraud.
In December 2020, Wang Mou, managed by the defendant Chen, used the Douyin software to add the victim Han Mouyan to the fake online dating. After gradually obtaining the trust of Han Mouyan, Chen Mou quoted Han Mouyan in the false network investment platform controlled by the fraud group to deceive Han Mouyan RMB 34,5900 in the form of investment and financial management.
During the period, Chen made a profit of RMB 65,000. On March 19, 2021, Chen took the initiative to invest in the public security organs.
Second, the referee results
The court of first instance believes that, with the purpose of illegal possession, the defendant Chen and others carry out telecommunications network fraud abroad and deceived the property of 34,5900 yuan for others. In view of the fact that Chen had the first plot and took the initiative to refund all the criminal income, he punished him lightly according to law. Based on this, Chen was sentenced to six years in prison for fraud and fined 20,000 yuan.
After the sentence, the defendant Chen did not appeal. The case has occurred in this case.
Third, typical meaning
Cross -border telecommunications network fraud crimes seriously infringe on the safety of the masses, which seriously affects the sense of security, happiness, and gain. In this regard, the province's courts have always adhered to cross -border cyber fraud as the focus of cracking down on telecommunications network fraud, and resolutely crackdown on the law. In this case, Chen and others implemented a typical "killing pig" fraud. After the criminals gradually deceived the victim's trust by "falling in love", they seduced the victims to invest in financial management on the false network investment platform, and then cheated the property. In such scams, criminals often have strong confusion after the trust of the victim's trust through emotional operations.
Here, we also remind the masses to increase their vigilance, treat them rationally, and identify it carefully when conducting online activities. Do not trust strangers who know on the Internet. In particular, you cannot disclose to the other party. Information, alert any transfer requirements proposed by the other party, avoid the so -called "emotional" trap that mistakenly enter the scammer, and then suffer property losses.
Typical case three: Cheng Mou fraud, credit card fraud case
1. Basic case circumstances
From September 24th to 27th, 2018, Bai and Gao Mouyang adopted a fictional "assistant person in the highest judicial authority" and "police officer of a municipal public security bureau" such as the overseas public security bureau. Xian and Lei Mouzhen, on the grounds that the victim was suspected of criminal crime, he had to freeze his bank account for investigation and deceived the victim to transfer the money in the bank account to the designated account. During the period, the defendant Cheng was instructed by Gao Mouyang and Bai Mou to go to the victim's residence with false law enforcement documents to seduce the victim's transfer to the victim to transfer the money inside the bank account to the designated account, and deceive Wang Mouxian. RMB 380,000, deceived Lei Mouzhen RMB 70,000. Cheng Mou obtained Wang Mouxian's bank card in the process of performing fraud against the victim Wang Mouxian, and obtained the withdrawal password from Gao Mouyang. On September 26, Cheng Mou held the bank card on the ATM machine 11 times to withdraw cash in the card for a total of 40,000 yuan in the bank account designated by Bai and Gao Mouyang.
Second, the referee results
The court of first instance believes that the defendant Cheng Mou, for the purpose of illegal possession, and others pretending to be the staff of the judicial organs to deceive the victim's money for a total of 450,000 yuan. The behavior of withdrawal of 40,000 yuan is also constituted, and it also constitutes a crime of credit card fraud. Based on this, Cheng was sentenced to six years and four months in prison for fraud, and fined 50,000 yuan; the crime of credit card fraud was sentenced to two years and six months in prison, and a fine of 20,000 yuan was fined. It was decided to execute eight years and six months in prison and fined 70,000 yuan.
After the sentence, Cheng did not accept it and appealed. The court of the second instance rejected the appeal in accordance with the law and maintained the original judgment. The case has occurred in this case.
Third, typical meaning
The impersonation of the staff of the public prosecutor's authority for fraud is one of the high -incidence of telecommunications network fraud in recent years. In this type of crime, criminals use the masses to trust and worry about the national judicial organs involved in criminal cases, and pretend to be staff members of the public prosecutor's authority to help the custody bank card funds and investigate criminal cases, and deceive the victim's property. Such crimes not only seriously infringe on the safety of the masses, but also seriously damage the credibility of the judicial organs, and must be punished severely. In this case, the defendant Cheng was deceived his money after obtaining the trust of the victim through the pretending of the staff of the public security organs.
Here, we remind the masses that the judicial organs to seize, seize, and freeze the property involved in accordance with the law must perform strict approval procedures in accordance with the law. Do not trust, so as not to be deceived and suffer property losses.
Typical case 4: Qiao Mouke fraud case
1. Basic case circumstances
In June 2020, the defendant Qiao Mouke knew that others would implement telecommunications network fraud crimes, and still recruited offline personnel to pretend to be a loan platform for customer service to add others to perform fraud crimes through WeChat. Qiao Mouke used mobile phone WeChat to add other people's WeChat according to the phone number provided by the online, using the chat provided by online, pretending to be online financial customer service to chat with others, and recommend the false two -dimensional code of the "corporate manager" to people with loan needs. Then the "corporate manager" needs to open the money through fictional loans to open authority and pay margin to deceive others' money. During the period, Qiao Mouke recruited Wang and others as his offline team leader, and Wang Mou and others were involved in the above -mentioned fraud.
On February 20, 2021, Mi Mou added WeChat's WeChat to the victim Hu Mouliang. After impersonating a financial customer service to deceive Hu Mouliang's trust, Hu Mouliang was deceived RMB 11,698 through a false loan. Qiao Mouko was engaged in telecommunications network fraud crimes, and he illegally made RMB 18,000 illegally.
Second, the referee results
The court of first instance believes that the defendant Qiao Mouke knew that others had committed telecommunications network fraud crimes, and still took the initiative to recruit people offline to jointly commit crimes. The amount of fraud was large, and his behavior had constituted fraud. In view of the crime of Qiao Mouke, he has a frank plot, voluntarily pleaded guilty, and punish him lightly according to law. Based on this, Qiao Mouke was sentenced to ten months in prison for fraud and fined 5,000 yuan.
After the sentence, the defendant Qiao Mouke did not appeal. The case has occurred in this case.
Third, typical meaning
Due to its advantages such as fast loan and convenient procedures, online loans have become the first choice of lending methods for some people who need funds. However, some telecommunications network fraud criminals use the characteristics of the urgent psychology and weak awareness of the victim's urgent need to use money, and deceive the victim's money through fictional loans and loan margin. Qiao Mouke's fraud is one of the typical cases of such crimes.
At present, such telecommunications network fraud crimes are prone to frequency, which not only violates the rights and interests of the victim's property, but also seriously disrupts the normal financial management order and corrodes the foundation of social integrity. It must be severely punished according to law.
This case also warns the society again: when applying for online loans, we must be careful when applying for online loans, to strengthen awareness of prevention, avoid encountering telecommunications network fraud, and cause unnecessary economic losses.
Typical case 5: Dai Xing, Yang Mou fraud case
1. Basic case circumstances
On March 22, 2019, the defendant went to the telecommunications network fraud criminal gang to a certain star on behalf of a star. Platform recharge or invest and implement fraud. On April 28 of the same year, Dai Mouxing used the company's WeChat to add the victim Han Mou WeChat and obtained Han Mou's trust, introduced Han Mou's false wealth management products to Han, guided Han to financial management, investment, recharge and gaming, etc. After recharging or investing on the "Zero Living Treasure", some rebates will be further forced to gain Han's trust, and it induce Han to continue to increase investment and fraud with Han Mou RMB 439,800. On May 21, 2019, Dai Xing returned from overseas to help the fraud gang recruiters to invite the defendant Yang and others to participate in the telecommunications network fraud gang. On June 3 of the same year, Dai Xing and others led Yang and others to enter overseas fraud gangs to perform fraud on domestic residents. On October 16 of the same year, Dai Xing returned from overseas. After going abroad, Yang has been participating in the implementation of telecommunications network fraud criminal activities in an overseas company, and returned to China on September 28, 2019.
During the period, the defendant illegally profitable RMB 30,000 on behalf of a star, and the defendant Yang illegally made RMB 10,000.
Second, the referee results
The court of first instance believes that the defendant actively joined the overseas fraud group for the purpose of illegal possession, and implemented fraud on domestic personnel through virtual identity and fictional investment and financial facts. Residents in the country have implemented fraud activities for more than three months. They are serious circumstances. The behavior of the two constitutes a crime of fraud. In view of the crime of Dai Xing and Yang, Yang had a self -proclaimed plot, and he punished the two defendants in accordance with the law. Based on this, he was sentenced to five years in prison for fraud and fined 30,000 yuan; Yang was sentenced to two years in prison for fraud and fined 10,000 yuan.
After the sentence, the defendant did not appeal on behalf of the star and Yang. The case has occurred in this case.
Third, typical meaning
Overseas telecommunications network fraud crimes are a new trend of telecommunications network fraud crimes in recent years, and it is also the top priority to combat the rectification of telecommunications network fraud crimes. In this case, Dai Xing participated in the fraud organization overseas to seduce the victims to "hook" to deceive the victim's trust in an "dating" and other methods. Essence In such crimes, the criminals have seized the victim's psychology of using small money and "small money to change money" to instigate the victims to buy false wealth management products, which eventually led to huge losses for the victim's property.
In this case, the court fully demonstrated the court's firm determination to punish the court in accordance with legal crimes in accordance with the law. At the same time, the court also reminded the masses that "there is no free lunch in the world". Do not trust the online "gaming" and "investment" and other easily making gimmicks, so as not to suffer property losses.
Typical case 6: Li Mou 1 fraud, Li Mou 2 help information network criminal activities
1. Basic case circumstances
In April 2020, the defendant Li Mou 1 went abroad to participate in fraud gangs to implement telecommunications network fraud criminal activities. He also contacted the defendant Li Mou 2 to provide the gang for sale, unblocked WeChat accounts, purchase fraud website background servers, and the background server and the background server of the fraud website and the background server of the fraud website and the background server and the background server of the fraud website and the background server and the background server of the fraud website. Payment server fees and other services. At the same time, Li Mou 1 also took out the funds obtained by the gang to implement fraud crimes based on the command of the gang online and deposited in a designated account. A total of RMB 153,000, of which 37,000 yuan was a fraudulent amount of the victim Liu Mouyue.
During the period, Li Mou 1 illegally made 33,000 yuan, and Li Mou 2 illegally made 15,000 yuan.
Second, the referee results
The court of first instance believes that the defendant Li Mou 1 for the purpose of illegal possession, and the person with others performed telecommunications network fraud abroad, the circumstances were serious, and his behavior had constituted a crime of fraud. Crime helps, and the behavior of illegal profit of 15,000 yuan constitutes a crime of helping information network criminal activities. In view of the crime of Li Mou's 1 department, there was a frank plot, Li Mou 2 voluntarily pleaded guilty and punished the second defendant according to law. Based on this, Li Mou was sentenced to two years and six months in prison for fraud, and a fine of RMB 3,000 was fined; And fined RMB 2,000.
After the sentence, the defendant Li Mou 1. Li Mou 2 did not appeal. The case has occurred in this case.
Third, typical meaning
According to the relevant provisions of my country's criminal law and judicial interpretation, it is suspected of crime to know that others know that other people's implementation of telecommunications network fraud crimes and knowing that others will use information networks to implement crimes. In this case, the defendant Li Mou 1 knows that others carry out telecommunications network fraud and still actively participate in helping him, and his behavior constitutes a crime of fraud in accordance with the law; Technical support such as WeChat accounts, their behavior constitutes the crime of helping information network criminal activities in accordance with the law.
The defendant Li Mou 1. Li Mou 2 violated the criminal law because of the wealth of not righteousness, and eventually trapped. Here, the court reminds the masses that they must not become a tool and accomplice for criminals to implement telecommunications network fraud crimes due to greed for unjust money. Severe punishment and paying heavy costs. Typical case 7: Wu Mou, Huang Mou Sheng Sheng fraud case
1. Basic case circumstances
Since the second half of 2017, the defendants Wu and Huang Mousheng have participated in the organization and projects of the so -called national asset thawing Ma Yin Group. The organization imitates the military system, develops backbone members in the model, military, division, regiment and other models from top to bottom, and sets up vocational personnel and financial responsible personnel at all levels to seduce and deceive. ", Set up a large number of WeChat groups and add lecturers and recording orders in the group. In the WeChat group, it was promoted by lecturers such as the so -called charity, national assets thawing, and handling of the names of a military certificate. After a few dollars to tens of yuan, if the membership fee is not the same as a member, they can get a huge return on the country to deceive the masses to pay the membership fee for fraud.
The defendant Wu Mou participated in the organization to the incident in the second half of 2017. The membership fee, project fee and other fees were charged for a total of RMB 252715.7. Submitted to the organization's superior.
The defendant Huang Mousheng participated in the organization to the incident in December 2018. He charged a total of RMB 96916.5 such as membership fees and project fees, including RMB 16,000 of Wu Mou's transfer to the RMB from Huang Mou Sheng. All of the above expenses are submitted to the organization superior.
Second, the referee results
The court of first instance believes that the defendants Wu and Huang Mousheng actively participated in fraud and criminal activities for the purpose of illegal possession. In view of the fact that Wu Mou and Huang Mou were criminals, frank plots, and voluntarily pleaded guilty, they punished the two defenders from the second defendant according to law. Based on this, Wu was sentenced to three years and six months in prison for fraud, and fined 10,000 yuan; Huang was sentenced to two years and six months in prison for fraud, and fined 5,000 yuan.
After the sentence, the defendants Wu and Huang Mousheng did not appeal. The case has occurred in this case.
Third, typical meaning
In recent years, telecommunications network fraud crimes have shown a professional and organizational development trend. The division of labor in the criminal gangs is clear, and the crime methods are hidden, resulting in the increasing difficulty of crackdown on judicial organs. At the same time, due to the low cost of telecommunications network fraud and high returns, people who are lucky continue to join the crime. Therefore, it is particularly important to severely crack down on gang -based telecommunications network fraud and destroy its organizational system and key joints. In this case, the defendants Wu and Huang Mousheng actively joined the telecommunications network fraud gang and were responsible for collecting stolen money. Although they had less profit, they still responded to the fraud crimes they participated in.
In the special operation of cracking down on telecommunications network fraud crimes, the court has always adhered to the criminal policy of leniency and strictness, severely punished criminals who are obsessed and harsh, and criminals who confess and regretful in accordance with the law and punish them lightly. At the same time, the court also reminded the masses to not trust the use of deceitful tricks such as "low investment and high returns". When engaged in network activities, we must carefully identify authenticity of information and prevent telecommunications network fraud. Do not give criminals a chance.
Source: Dynamic Guizhou
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