Refurbishing the legal bottom line of telecom fraud methods, do not touch it
2025-07-29
In recent years, with the rapid development of network technology, the means of telecom network fraud have also been rapidly renovated, and the perplexity continues to increase. Among them, many people have unrealistic dreams of getting rich, or become telecom fraudsters or accomplices. Some people are willing to sneak across the border to make money, some believe that working as a translator abroad can earn a lot of money, and some knowingly lend their bank cards for profit even though they know the other party is a fraudster. Recently, the People's Court of Haidian District, Beijing sorted out relevant cases and reminded the general public that they should seek wealth wisely and not touch the legal bottom line. Jin Lin was convicted of two crimes of illegally crossing the border and participating in fraud, and was sentenced. He joined a telecommunications fraud criminal group in Myanmar, not only participating in telecommunications fraud activities, but also forwarding job advertisements for making big money abroad to domestic netizens. After seeing the advertisement, Zhang and Zhao were deeply moved and decided to go to Myanmar with Lin to "make money". Under Lin's arrangement, Zhang and Zhao took a plane to Pu'er City, Yunnan Province, and then traveled by foot, taking a hidden route and crossing mountains and valleys to evade border inspections. Lin led two people to cross the border for more than 10 hours and arrived in Mengbo, Myanmar. After arriving in Myanmar, Zhang and Zhao discovered that the so-called lucrative job was actually telecom fraud. The job involved fabricating identities to make friends online and guiding them to invest online in order to defraud money. At Lin's request, Zhang and Zhao participated in telecom fraud activities and defrauded over 300000 yuan in just one month. Out of fear, in July 2020, the two of them found a suitable opportunity to sneak across the border and return to China again. After the incident in February 2023, Zhang and Zhao were arrested by the public security organs and truthfully confessed to the criminal facts. The procuratorial organ has charged the two individuals with fraud and illegal crossing of national (border) borders, and has filed a public prosecution in court. The court held that Zhang and Zhao conspired with others to illegally possess property, using fictitious facts and concealing the truth to defraud others of a huge amount of money, and their behavior constituted the crime of fraud. The two individuals played a secondary role in the joint crime and are considered accomplices. They shall be given a mitigated punishment in accordance with the law. The two individuals evaded border inspections, violated national (border) management regulations, and illegally crossed national (border) borders. The circumstances were serious, and their behavior constituted the crime of illegally crossing national (border) borders, which should be punished according to law. The court sentenced Zhang and Zhao to two years' imprisonment and a fine of 10000 yuan for fraud; For the crime of illegally crossing national (border) borders, sentenced to three months of detention and fined 3000 yuan; Decided to execute a two-year imprisonment, suspended for two years and three months, and fined 13000 yuan. The judge stated that in recent years, there has been a high incidence of illegal and criminal activities that obstruct national (border) management, which are intertwined and growing with illegal and criminal activities such as telecommunications and network fraud. Some migrant workers ignore legal regulations, cross national borders without legal procedures and permits, and openly trample on the order of national entry and exit management, which constitutes a crime. In this case, Zhang, Zhao, and Lin (handled separately) secretly left the country by crossing mountains and valleys together, which constitutes a serious act of illegally crossing the national border under criminal law. Lin, who led Zhang and Zhao to evade border inspections and left the country on foot, has also committed the crime of transporting others to illegally cross the border. An acquaintance who was hired as a high paid overseas translator and became an accomplice to bear criminal responsibility introduced a job as an overseas translator to Li, claiming a monthly income of up to 80000 yuan. Li felt that this was a good opportunity to make money, so he gladly went there. In June 2019, Li arrived at the destination country and came to the villa managed by Jiang. Li discovered that Jiang rented a villa as a hideout and mainly engaged in telecommunications fraud activities inside the villa. He impersonated employees of the medical insurance bureau, public security bureau, and procuratorate to defraud victims of money. After Li arrived, he was mainly responsible for all translation work inside the villa, as well as airport pick-up, procurement, and coordination of local affairs. From June to November 2019, Jiang's gang fraudulently obtained more than 6.5 million yuan in money from 110 victims in the villa. In December of that year, Jiang's gang, including Li, was arrested by the local police and handed over to the Chinese police. During the trial, Li argued that he only provided translation services and did not actually commit fraud, which did not constitute a crime. The Haidian Court found through trial that Li knew that the villa managed by Jiang was mainly engaged in telecommunications fraud activities, but still chose to stay and fully undertook the translation, reception and other administrative work of the gang. Therefore, he should bear criminal responsibility for all the criminal acts of the gang during his participation. Li and others, with the purpose of illegal possession, went abroad to participate in a telecommunications fraud criminal group. They used telecommunications network technology to impersonate government officials and other staff, fabricated facts, and defrauded others of their property. The amount involved was particularly large, and their behavior constituted the crime of fraud. As Li was not a direct perpetrator of telecommunications fraud and played a secondary role in the joint crime, he was convicted of fraud and sentenced to five years in prison, a fine of 6000 yuan, and the illegal gains were recovered in accordance with the law and returned to the victim. The judge stated that although Li did not directly commit fraud, he knew that the activities carried out by the personnel in the villa were telecommunications fraud crimes, and still voluntarily provided translation services in order to make money, which constitutes criminal intent. Li's behavior involves joining the criminal group and providing assistance to the group in continuing to commit fraud crimes through actual actions, and he should bear criminal responsibility as an accomplice. The promotion of 'making big money by going abroad' is all a trap. Providing assistance to someone who knowingly commits telecommunications fraud also constitutes a crime, and there should be no mentality of taking chances. In July 2021, Chen saw an advertisement online claiming that lending a bank card could earn him corresponding rewards on a regular basis, so he contacted the phone number reserved in the advertisement. According to the requirements on the phone, Chen went to the bank to apply for three bank cards. Subsequently, Chen and Wang on the phone agreed to deliver the bank card in the park. After arriving at the delivery site, Wang requested Chen to use a bank card for the transfer operation. After learning that the transfer was a telecom network fraud, Chen still chose to carry out the transfer operation as required and received corresponding compensation. In August 2021, Chen was arrested by the public security organs. During the trial, he was charged by the prosecution with the crime of aiding information network criminal activities. Chen argued that he only lent his bank card for profit and did not participate in fraudulent activities, and should not be held responsible for this behavior. The Haidian Court found that Chen's bank card was used as a transfer account by a telecommunications fraud gang, with a cumulative transfer amount of 630000 yuan. Chen received a total of 9700 yuan in compensation from it. Despite knowing that others were using information networks to commit crimes, Chen still lent a bank card processed with his own identity information and cooperated with the other party to transfer funds. The circumstances were serious, and his behavior constituted the crime of aiding information network criminal activities. Based on this, the court sentenced Chen to one year in prison, suspended for one year, and fined 6000 yuan. The judge stated that the crime of aiding information network crimes has always been a high incidence in the field of telecommunications network crimes, involving almost every link in the telecommunications network fraud crime chain, such as information acquisition, promotion and drainage, technical support, venue provision, payment settlement, etc. Renting, lending bank cards, mobile phone cards, or introducing others to provide bank cards to criminal gangs and profiting from them are common types. Li, who was sentenced and fined for running errands at night to help people withdraw money, often went to the convenience store near his home to buy things and gradually became familiar with the convenience store owner Huang. Huang introduced Li to a part-time job of running errands at night. The job involves Huang regularly providing Li with some bank cards, and Li helping to withdraw money from the corresponding bank at night. For every 10000 yuan withdrawn, Li can receive a labor fee of 500 yuan. Li readily agreed and regularly went to Huang to collect multiple bank cards labeled with the cardholder's name, account number, and password, and withdrew money from different banks. After the withdrawal was successful, he followed Huang's request and transferred all the withdrawals for the day to the bank account provided by Huang. He then returned the withdrawal bank card and received the reward. Each card holder has a different name, and the withdrawal amount on a single card is between 10000 yuan and 18000 yuan. Li suspected that the money came from an improper source, but also felt that he was only earning running errands and would not commit a crime. As of the incident, Li has cumulatively helped Huang withdraw 246000 yuan. In March 2018, Huang and Li were arrested by the public security organs. The public prosecution accuses Huang and Li of concealing and covering up their crimes, and files a public prosecution with the court. Li argued that he did not commit the alleged criminal act, did not know the nature of the money taken, and was not aware of the source of the money. He only helped to withdraw the money, which did not constitute a crime. The court found through trial that Huang provided Li with multiple bank cards opened with the identification documents of other individuals. Li, knowing that the money in the bank cards was the proceeds of another person's crime, repeatedly withdrew and transferred the money from ATM machines at different banks at night. After investigation, it was found that the money in the bank card was obtained from telecommunications fraud crimes. The court believes that Li's lack of knowledge of the specific source of the money does not affect his "knowledge" that the money he took may be illegal. His behavior has constituted a cover up and concealment of criminal offenses and should be punished. Based on this, the court sentenced Li to three years and six months in prison and a fine of 20000 yuan for concealing and concealing the crime. The judge explained that regarding the determination of "knowing", firstly, Li clearly knew that the multiple bank cards provided by Huang were not opened by him himself, and were all opened by multiple different individuals; Secondly, Li was aware that the different bank cards he received had abnormal identifiers such as tags or passwords; Finally, most of Li's withdrawal time is late at night, and he constantly changes banks or ATM machines for withdrawal operations. He has a clear understanding of the illegal source of money. The judge stated that in practice, "knowing" does not necessarily mean knowing, and both deterministic and probabilistic knowledge should be included in the category of knowing when determining the criteria for concealing and concealing criminal offenses. In cases involving telecommunications network fraud, knowingly assisting others in extracting illegally sourced funds through the use of bank cards or other means can constitute concealment and concealment of criminal offenses. Knowing that others are using their own bank cards to engage in illegal activities, repeatedly lending or reselling their own bank cards to others for cash out activities may also constitute concealing or concealing criminal offenses. Article 266 of the relevant provisions of the Criminal Law stipulates that those who commit fraud of public or private property and the amount involved is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is particularly large or there are other particularly serious circumstances, the offender shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and shall also be fined or have their property confiscated. If there are other provisions in this law, they shall be followed. Article 287-2 Whoever clearly knows that another person uses the information network to commit a crime and provides technical support such as Internet access, server trusteeship, network storage, communication transmission, or assistance such as advertising promotion, payment and settlement, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and its directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph. Those who commit the first two acts and also constitute other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. Article 322, Paragraph 1: Violation of National (Border) Administration
Edit:Momo Responsible editor:Chen zhaozhao
Source:Rule of Law Daily
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