Demonstrate in case | Borrowing bank cards also sin?The Weiyuan County Court concluded the case of "helping the crime" in accordance with the law

Author:Gansu Provincial Higher People Time:2022.09.26

Recently, the Weiyuan County Court concluded the crime case of information network crime activities in accordance with the law. The defendants Wang and Luo were deceived by more than 30,000 yuan for 20 people due to borrowing bank cards. They were sentenced to one year in prison and a probation of 2 years and fined 10,000 yuan.

Retrospective

In December 2021, the defendants, Luo, and Wang, in order to obtain remuneration, provided their own and friends' bank cards to the house cards to collect the fraudulent funds, and through WeChat and Alipay, they were used to use information networks to implement crimes, and through WeChat and Alipay The transfer of money for others to help pays for a total of more than 800,000 yuan, Luo's profit is 11,300 yuan, and Wang made a profit of 11,000 yuan. On January 24, 2022, the two defendants were summoned by the public security organs. After the case, both of them confessed the facts of the crime.

The court held that the defendants Luo and Wang knew that others used information networks to implement fraud crimes, and still provided bank cards and Alipay to help others pay for settlement. Its criminal responsibility. After the case, the two defendants confessed their criminal facts truthfully and voluntarily confession and punishment. Based on the above circumstances, the court made the above verdict.

Judge remind

Once everyone encounters a borrowing mobile phone card and bank card and providing compensation in work and life, we must raise their vigilance and do three things to avoid becoming the "accomplice" of criminals and suspected crimes ":"

Don't be greedy for small and cheap. If someone tells you that if you borrow a bank card for a few days, you can make money easily without any loss. Is it very exciting? When borrowing information such as bank cards and WeChat accounts, criminals often promise a certain amount of compensation to the other party. If these small cheaps are eager, they may become the accomplices of criminals and are suspected of crime.

Second, don't promote illegal acts. If you encounter recycling, lease mobile phone cards, bank cards, WeChat, Alipay accounts and other behaviors, don't trust, don't care, you must report to the public security organs in time.

Third, we must pay attention to protecting personal information. At present, due to the rapid development of the Internet, there are many various and inexplicable methods that steal the personal information of citizens. abyss.

Law link

Article 287 of the Criminal Law of the People's Republic of China stipulates that the crime of helping the information network crime activity refers to knowing that others use information networks to implement crimes and provide Internet access, server custody, network storage, and communication transmission for their crimes In terms of technical support, or the help of advertising promotion, payment settlement, etc., the circumstances are serious, and they will be sentenced to less than three years in prison or detention, and shall be punished or single.

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.

Source: Weiyuan County Court

Editor: Ji Xueyong Ma Jianwei Editor: Fu Yanyu

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