Putian Court released a typical case!Personal information of the staff of multiple Unicom and mobile business departments is sentenced to personal information

In recent years, the crime of telecommunications network fraud has shown a high incidence, and the crime of the network black industry chain associated with it has spread, which has seriously affected the sense of security and social harmony and stability of the people. In response to the characteristics of telecommunications network fraud crimes and its upstream and downstream crimes, the Court of Court of Telecom correctly applied the law correctly, defined the crimes accurately, and implemented a full chain and a full -all -round blow. The first typical case of "two cards" telecommunications network crime is now released, which aims to warn the "two cards" criminals, guide the public, promote industry governance, and build a new pattern of anti -fraud and anti -fraud.

Basic case

From November to December 2020, the defendant Yan Moumou still betrayed the 5 bank accounts and telephone cards under his name to help with the use of the Internet for the use of the Internet. The settlement amount is more than 1.1 million yuan, of which the online fraud is more than 20,000 yuan.

Judgment result

The court held that the defendant Yan Mou knew that it was others using the information network to commit crimes, and still provided payment settlement assistance to help the settlement of more than 1.1 million yuan. Based on this, the court sentenced the defendant to the defendant Yan Mou for eight months and fined 10,000 yuan for the defendant Yan Mou.

Typical meaning

Today, the "broken card" is in full swing across the country. The operation is also a heavy punch for cracking down on the upstream and downstream black and gray industry chain to combat telecommunications network fraud. However, there are still many people who are lucky at present, and mistakenly believe that they only provide bank cards and have not participated in the crime, and they can hang up. Means and mediums, which brings great difficulties to crack down on crimes and recover the victim's economic losses. Therefore, while judicial organs have severely crack down on telecommunications network fraud crimes, they also pay more attention to punishment for such "help letter" crimes.

"Criminal Law of the People's Republic of China"

Article 287

Knowing that others use the information network to implement crimes, provide Internet access, server hosting, network storage, communication transmission and other technical support for their crimes, or provide help from advertising promotion and payment settlement. If the circumstances are serious , Paunter or single fine.

If the unit offend the previous paragraph, the unit will be punished and the person in charge and other directly responsible persons who are directly responsible for them shall be punished in accordance with the prescribed paragraph of the first paragraph.

For the first two acts, and at the same time, if other crimes are constituted, conviction and punishment shall be determined in accordance with the heavy punishment.

Basic case

On the afternoon of December 15, 2021, the defendant Liu Mouming knew that his bank card would be used to transfer the funds obtained by illegal crimes, and still lent the bank card and Alipay account under his name to use it to the criminals, and swipe his face through his face. , Fingerprint verification and other methods to assist in transferring criminal income for a total of more than 50,000 yuan (of which online fraud stolen money is RMB 6024).

Judgment result

The court held that the defendant Liu and others knew that it was a crime income to help the transfer. The amount was more than 50,000 yuan. The behavior of violations of the judicial organs of the judicial organs held a criminal crime, which constituted covering and concealing the crime. Based on this, the court sentenced the defendant Liu to the defendant Liu for an 11 months in prison and fined RMB 14,000.

Typical meaning

The crime of covering up and hiding crimes and the crime of helping faith is the help of the upstream crime, but the biggest difference between it is the biggest difference between the crime of helping the letter. High and subjective malignant. The defendant in this case provides not only provided accounts such as bank cards, but also implemented substantial help such as face brushing and fingerprint verification. The behavior has constituted covering up and concealing criminal convictions. It should be punished by law according to law.

"Criminal Law of the People's Republic of China"

Article 312

Knowing that if the income from the crime and its income is hidden, transferred, transferred, acquired, sold, or concealed in other methods, it is imprisoned, detention or control of three years, and a penalty of a single or single fine; He is imprisoned for three years and seven years and is punished.

If the unit offend the previous crime, the unit will be punished and the person in charge and other responsible persons who are directly responsible for will be punished in accordance with the provisions of the previous paragraph.

Basic case

From June to December 2020, the defendant Song Moumou acquired 46 units of other bank card accounts through the online QQ group, and sold the acquired bank card account to the same case, for illegal and criminal activities such as online gambling, telecommunications fraud Provide funds, and the defendant Song Moumou illegally made RMB 6,700. During the period, the defendant Song Moumou's bank card account provided the amount of funds for illegal crimes with a capital settlement of more than RMB 750,000.

Judgment result

According to the court, the defendant Song Moumou illegally held and traded 46 credit cards for others, with a large number of illegal profitability of RMB 6,700. His behavior disrupted the order of credit card management and constituted the crime of obstructing credit card management. Based on this, the court sentenced the defendant Song Moumou to one year and nine months in prison for obstructing credit card management, and fined 40,000 yuan.

Typical meaning

In -depth promotion of the "broken card" operation, severely cracking down on the criminal behavior of buying and selling and transporting credit cards in accordance with the law, and severe punishment of "card merchants" is the key to cutting off the chain of telecommunications network fraud crimes. At present, bank cards have become the basic tool for telecommunications network fraud crimes, and a black industry chain has formed around the buying and selling and transportation around the bank card. The defendant in this case acquired a large number of bank cards for the same case to implement cybercrime and providing funds for settlement, which has constituted the crime of obstructing credit card management. "Criminal Law of the People's Republic of China"

Article 177

There is one of the following situations, if the management of credit cards is obstacles, it will be sentenced to imprisonment or detention of less than three years, and a fine of more than 100,000 yuan or more than 100,000 yuan or less; if the quantity is huge or other serious circumstances, it will be three years or ten years. The following imprisonment is imprisoned, and a fine of more than 20,000 yuan and more than 200,000 yuan:

(1) Knowing that it is a fake credit card, it is held and transported, or it is held and transported by knowing a fake blank credit card. The number is large;

(2) Illegal holding a credit card of others, the number is large;

(3) Use false identity to prove to deceive the credit card;

(4) Selling, purchasing, providing forged credit cards for others or proved to lead credit cards with false identity.

Those who steal, buy or provide information on the credit card of others illegally shall be punished in accordance with the provisions of the previous paragraph.

The staff of the bank or other financial institutions use the convenience of their positions and offend the second crime.

Basic case

During the incident from July 2020, the defendants Lin Mou, Lin Moumou, Wang Moumou, and Chen used their work convenient to work in the business hall of China Unicom and mobile companies. Customers agree that the customer's mobile phone number and verification code information is sold to the home in WeChat through WeChat and other methods. It is used to register online accounts such as JD.com, WeChat, Douyin, causing personal information of citizens. As of the incident, the defendant Lin Mou illegally obtained and sold 1,800 citizenship information, and illegally made more than 14,000 yuan; the defendant Lin Moumou illegally obtained and sold 810 citizenship information, illegally profitable RMB 10,000; the defendant Wang Moumou illegally obtained and sold 350 citizenship information, and illegally made RMB 4,000. The defendant Chen illegally obtained and sold 216 citizenship information, and illegally made RMB 5718.

From March 2021 to the incident, the defendants Xie Moujia and Xie Mouyi used mobile phone communication stores opened by Bangtou Town, Xianyou County to provide customers with mobile phone maintenance and other services. Personal information leakage. As of the incident, the defendant Xie Mouyi illegally obtained and sold 230 citizenship information, and the illegal profit was 4036 yuan; the defendant Xie Moujia illegally obtained and sold 200 citizenship information, and the illegal profit was 3638 yuan.

Judgment result

According to the court, the defendant Lin Mou, Lin Moumou, Wang Moumou, Chen Mou, Xie Moujia, Xie Moujia violated the state regulations and illegally sold personal information of citizens to others in the process of fulfilling their duties and providing services. In serious cases, they have constituted the crime of infringing on personal information of citizens. The six defendants who sell their personal information obtained to others during the performance of their duties or provide mobile communication services should be punished by heavy penalties. Based on this, six defendants were sentenced to one year, six months to nine months of prison for infringing citizen's personal information, and fined from RMB 28,000 to 7,000. The highest period of time is prohibited, and six defendants are prohibited from engaging in mobile communication operations related to mobile phone communication operations within five years from the date of implementation of the penalty.

Typical meaning

Citizens' personal information has become a "basic material" for telecommunications network fraud crimes. For such crimes, it is necessary to investigate the channels and personnel of the leakage of the personal information of the front -end citizenship by investigating the crime of telecommunications network fraud, and to investigate the crime clues such as crimes such as infringement of personal information of citizens and deepen the associated fraud to achieve a full -chain blow. Especially for the "inner ghosts" of the industry, adhere to strict crackdown, increase fine punishment, declare the prohibition of employment, increase the cost of crime, and prevent re -crimes.

"Criminal Law of the People's Republic of China"

One of Articles 253

Violation of relevant national regulations, selling or providing personal information of citizens to others. If the circumstances are serious, they will be sentenced to imprisonment or detention of less than three years, and they will be punished or single. The circumstances are particularly serious. Penalty.

In violation of relevant state regulations, if you will be sold or provided to others in the performance of the duties or provided the service, it will be sold or provided to others.

Those who stole or obtain personal information in other methods shall be punished in accordance with the provisions of paragraphs.

For the first three crimes of the unit, the unit is punished and the person in charge and other direct responsible persons who are directly responsible for them shall be punished in accordance with the provisions of each paragraph.

Source: Xianyou Court

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