The post -90s guy was sentenced to 600 yuan and reminded again: This thing cannot be given to others, and it will not work!

"It is particularly ridiculous in retrospect. I turned out to be a criminal for 600 yuan. The price was too high ..."

"This is the most expensive 600 yuan in my life ..."

Recently, the defendant Peng Moumou, who was prosecuted by the People's Procuratorate of the Linting District of Hangzhou in accordance with the law, helped the information network crime (referred to as the crime of "helping the letter"). The month, the probation of one year and two months, and a fine of RMB 1,000.

According to Article 287 of the Criminal Law, the "Crime Crime" is in prison or detention of less than three years, and a fine or a single fine.

After investigation, Peng Moumou knew that others had implemented telecommunications network criminal activities, and still sold their bank cards and Alipay accounts to others. The bank card and Alipay account received more than 600,000 yuan, which caused a number of victims to be fraud.

Born in 1999, Peng Moumou worked in Changsha, Hunan. In June last year, colleague Zhang Moumou told him that there was a way to "get money quickly", and he could make money as long as he sold his bank card.

"I disagreed at the beginning, and I felt like the fraud or money laundering in the news." Peng Moumou was not confused. But after a few days of hesitation, he saw that he had not returned overdue, and he agreed.

According to Peng Moumou, that day, he followed Zhang Moumou to a hotel in a foreign country. In the early morning of the next day, he handed over his ID card, 4 bank cards, and mobile phone cards bound to a bank card to a strange man. The strange man immediately started to operate on his mobile phone.

"Actually, I knew in my heart that he should be criminal with my card, and one of the bank cards was frozen on the spot." Peng Moumou said. After the strange man operated for a whole day, Peng Moumou left 600 yuan in cash.

One month later, Peng Moumou was arrested.

Newly added "Gang Crime" in 2015

The "first crime" of telecommunications network fraud has become

The crime of "helping the letter", which was readily read, was surprising that the number of prosecutors ranked 3rd among various types of criminal crimes in 2021, second only to dangerous driving and theft.

The "sin crime" was rarely known at the beginning of the establishment, but after the increase in 2020, many people did not know why, and did not know why the "help letter" was sin.

From the perspective of "age", "sinful sin" is still very young. In the amendments to the 2015 Criminal Law, this crime was added and implemented from November 1 of that year. It indicates that it knows that others use information networks to implement crimes, provide technical support for Internet access, server hosting, network storage, communication transmission, etc., or provide advertising promotion, payment settlement and other help, and serious circumstances.

In fact, most of them are renting bank cards and telephone cards, "running points", developing illegal APPs, and advertising and promotion for relevant telecommunications fraud apps. They constitute an important part of the telecommunications fraud chain, known as the "toolman" of electrical fraud.

Most borrowing is related to "two cards"

At present, the three types of cases involved in the "crime of help" are relatively prominent. One is to help upstream scam gangs "run" money laundering, and the other is to provide "service" for the fraud gang to send and receive SMS verification code. Provide batch social media accounts and "unblocked" banned accounts.

Most of these three types of cases involve illegal use of bank cards and telephone cards.

Crime involving "two cards" may also be suspected of fraud

Article 2 of Article 287 of the Criminal Law, knowing that others commit fraud crimes, and provide help for them, according to the different cases of specific cases, they may constitute both crimes of helping information network crimes or composition (fraud) joint crime of joint crime. Essence

If it constitutes the crime of helping the information network crime, and at the same time, if it constitutes the crime of fraud, according to Article 2) of Article 287 of the Criminal Law, conviction and punishment shall be determined in accordance with the severely punishment.

"Unknown in advance" is not a reason for free penalties

In the practice of "helping the crime", some criminal suspects find various reasons to justify: "I don't know in advance." "I don't know that bank cards and telephone cards borrow to others are also criminal."

The suspected "sin of faith" does not require an actor to recognize the specific content of the crime of helping the object, nor does it require an actor to contact the intention of the help object. As long as the actor knows or should know that the object of helping the object uses the information network to implement crimes, that is, combining the cause and basic reason (such as transactions in the hidden place, the transaction is obviously "inequality", etc.) The parties should know that the behavior is a crime.

The so -called "unknown in advance" not only can't stand on the feet, but also not for penalties.

Remind again

ID card, mobile phone card, personal bank card,

Third -party payment accounts such as WeChat and Alipay

Can't give others! No borrowing!

(Source: Zhejiang Public Security)

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