The Rizhao Intermediate People's Court announced ten typical cases of cracking down on telecommunications network fraud

Qilu Network And Lightning News, January 20 In recent years, the courts at the two levels in Rizhao have continued to increase the crackdown and punishment of telecommunications network fraud crimes, effectively ensuring the safety of the people's property. In order to further enhance the public's awareness of the risks of preventing telecommunications network fraud, on January 20, the Rizhao Intermediate People's Court publicly released the typical telecommunications network fraud and related crime cases handled in recent years.

Case 1

Qiu Mou and 9 other people defrauded, concealed and concealed the proceeds of crime - a criminal group that used a false online lending platform to commit fraud

【Basic Facts】

In September 2018, Qiu followed others to join the fraud gang to carry out telecommunications fraud, and shang moufei and Shang joined, and then the gang was dissolved for some reason. In mid-to-late November, Qiu led Shang X and Shang X Fei to continue to carry out telecommunications fraud, and returned about Yue X, Shao X Xin and many other people to Wuping County, using computers, mobile phones and other equipment left by the dissolved fraud criminal gang, jointly funded, and through Qiu X's contact, purchased the victim's personal information containing mobile phone number, QQ number, wireless Internet equipment and other crime tools, and used the false "Xingfeng Loan" loan platform to fabricate the fact that it was possible to issue loans and defraud the victims of property.

Later, Qiu's gang went to Henan Province to continue the fraud. Qiu grouped six people, including him. A group of people posing as customer service called the victim to ask if they needed a loan, and provided the victim who needed the loan with the QQ number used by the co-offender to commit the crime. Another group of personnel used QQ numbers to impersonate loan clerks, fictitiously collecting handling fees, security deposits and other excuses, tricking victims into paying through WeChat and Alipay scanning two-dimensional codes or transferring payments to designated bank cards, defrauding multiple victims of a total of more than 370,000 yuan in property. The proceeds of the stolen funds shall be disposed of by Qiu Mou. One victim committed suicide by leaving a suicide note at home after defrauding 48,000 yuan borrowed from relatives and friends.

After Qiu's gang defrauded money by committing fraud, they obtained the stolen money after Huang Mouming and Tan Moukui laundered money. The amount of criminal proceeds concealed and concealed by Huang Mouming and Tan Moukui after verification was 259,900 yuan.

【Judgment Result】

The case was tried in the first instance by the Lanshan District Court, and the Intermediate People's Court upheld the original judgment in the second instance. The court sentenced the first offender, Qiu Mou, to 10 years' imprisonment for fraud and fined him RMB60,000. The other eight defendants were sentenced to fixed-term imprisonment ranging from eight to three years for the crime of fraud, concealment, or concealment of the proceeds of crime, and fined accordingly. The proceeds of crime shall be recovered and the victims and their relatives shall be returned. The instruments of the crime are confiscated.

【Typical significance】

Online lending is risky, and borrowing should be cautious. This case is a typical group crime of using a false online loan platform to commit telecommunications network fraud. Taking advantage of the victim's eagerness to borrow money, the criminal group fabricated facts and tricked the victims into paying the so-called "handling fees" and "security deposits" to carry out fraud crimes against unspecified people, seriously infringing on the property rights and interests of the people and causing the serious consequences of a victim's suicide, and should be severely punished according to law. As the ringleader of the fraud criminal group, Qiu Mou was punished according to all the crimes committed by the group, which reflected the strict crackdown on the organizers and commanders of the telecommunications network fraud crimes.

Case 2

Zhu Moubin fraud case - a criminal gang that lures others to "invest" in the network and controls wins and losses

From February 2019 to May of the same year, Zhu Moubin, together with Xu Moubin, Song Moumei (all at large), Xu Moujie (who has been sentenced) and others, built and used the "District Chain Wealth" website in Guangzhou to attract victims to invest and recharge in the name of investment and financial management, and then defrauded the victims of their property through the method of controlling wins and losses in the background. Zhu Moubin is responsible for renting servers in Hong Kong, developing and setting up fraudulent websites and daily maintenance, operating mobile apps and download links, and contacting advertising promotions to attract customers. During the existence of the fraudulent website, Zhu Moubin and others jointly carried out online fraud on many occasions, defrauding 12 victims of a total of more than 1.64 million yuan.

The case was tried in the first instance by the Juxian Court and the second instance by the Intermediate People's Court. The court sentenced Zhu moubin to 10 years' imprisonment and fined him RMB300,000 for fraud. The illegal gains shall be recovered and the victims shall be returned.

Fraudsters have deep routines, and online financial management must be cautious. Some fraud gangs take advantage of people's desire for rapid wealth growth, carefully premeditated, first allowing victims to obtain a small return on investment, inducing victims to continue to increase capital investment, and then through the way of backstage manipulation to win or lose, so that victims suffer huge property losses. When conducting online investment and financial management, we must choose formal channels, do not trust small advertisements on the Internet, maintain due caution for websites and mobile apps that promote the so-called "low risk and high return", and do not believe in the grand-sounding "investment and financial management masters" on the Internet. Raising awareness of risk prevention and staying away from fraud is a prerequisite for proper financial management.

Case 3

Liu Moupi and 4 other people fraud case - a fraud gang posing as a woman under the guise of "falling in love"

Since 2017, Sun Moujun has fictitiously identified herself as a woman and used WeChat to carry out fraudulent criminal activities in the name of dating and love. From March to December 2018, Sun Moujun taught Liu Moupi the method of fraud and crime, and provided a WeChat account to jointly carry out fraud activities with Liu Moupi. From October 2018 to November 17, 2020, Liu Moupi, alone or with the help of Tian Mou, Guo Mou and others, posed as a single woman, demanded transportation expenses, disease treatment fees, red envelopes and other property in the name of dating and love, and induced unspecified victims to transfer money to him through the Internet, and the amount of crime was huge, defrauding others of a total of more than 3.07 million yuan.

The case was effectively decided by the Development Zone Court. The court sentenced Liu Moupi and four others to fixed-term imprisonment ranging from 13 years and 6 months to 6 months for the crime of fraud, and imposed corresponding fines. The proceeds of crime shall be recovered and the victims shall be returned.

In this case, the cybercriminal gang used WeChat chat software to impersonate a single woman, under the guise of "falling in love", constantly using online chat to cultivate "feelings", fabricating various excuses to induce the victims to continuously transfer money to them, and while deceiving feelings, causing huge economic losses to the victims, they should be severely cracked down. Online dating is risky, especially when the other party makes a transfer request, be vigilant and stay away from the trap.

Case 4

Wang Mou and other 5 people fraud case - posing as a successful man to lure women to "invest" fraud criminal group

In May 2020, Wang purchased a fake online investment platform and Alipay and affiliated bank accounts used to receive funds from others, and then conspired with Gao to carry out fraudulent activities. Under Wang's arrangement, Gao Managed the platform and account and specifically organized personnel to use computers to carry out network fraud activities. In the process of fraud, Wang X and Gao X Chao taught Liu X, Zhang X, Sun X Tao and others the fraud method, and the latter three pretended to be successful men to contact female friends through WeChat, and then tricked the victims into investing in the false investment platform, and the funds obtained were proportionally divided, and a total of more than 310,000 yuan was defrauded of a total of more than 310,000 yuan.

The Wulian County Court rendered an effective judgment in the case. The court sentenced defendant Wang X and five others to fixed-term imprisonment ranging from four years and six months to one year each for the crime of fraud, and imposed corresponding fines. The proceeds of crime shall be recovered and the victims shall be returned. The instruments of the crime are confiscated.

Criminals impersonate so-called "successful men" on the Internet and conduct speech training, and by contacting female victims step by step with "feelings", induce victims to "invest" in false investment platforms controlled by criminal groups, and defraud victims of their property. This case is a relatively typical case of inducing "investment" type of telecommunications network fraud, as long as there is a certain sense of prevention, it is not difficult to identify, but in reality it is still repeatedly successful, reflecting the necessity of severely cracking down on telecommunications network fraud crimes, and also reflects the urgency of strengthening publicity and education on the prevention of telecommunications network fraud. Only by raising people's awareness of fraud prevention and being responsible for themselves can we build a great wall of steel to combat and prevent telecommunications network fraud.

Case 5

Yiza Zuku Fraud Case – Using foreign status to commit cross-border telecommunications network fraud

Yiza Zuku (a citizen of the Federal Republic of Nigeria) came to China on a short-term visa in 2016 and has been illegally stranded in Guangdong Province and other places since the visa expired. In March 2018, Iza Group Bank, knowing that others were committing online fraud, provided him with a bank account to receive funds obtained from the fraud. Since the second half of 2018, Yiza Group Library, knowing that FIDUCIARY (handled in a separate case) and other fraud gang members are committing fraudulent acts, still borrows the bank cards of many people, provides funds for FIDUCIARY and other fraud gang members to pay and settle accounts, and withdraws the fraudulent funds received and transfers them to the account designated by FIDUCIARY, participating in the fraud of a total of 29 victims, helping to receive and transfer more than 1.8 million yuan of funds obtained from fraud, and personal profits of 54,000 yuan.

The Intermediate People's Court rendered an effective judgment of the first instance in this case. The court sentenced Yiza Zuku to six years' imprisonment and a fine of RMB 100,000 for fraud; after the completion of the sentence, he was expelled. The proceeds of crime shall be recovered and the victims shall be returned. The instruments of the crime are confiscated.

The fraud in this case is a part of the crime of cross-border telecommunications network fraud gangs. Foreign fraud criminals fabricate false identities of U.S. military officers of the United Nations peacekeeping force, U.S. maritime engineers, etc., look for potential murdered women on the Internet, deceive trust through online chat, and then fabricate different reasons for mailing packages containing US dollars and other items that require advance payment of customs duties, courier fees, etc., to induce victims to transfer money to different accounts under the control of criminal gangs, and then withdraw cash from the co-defendants offline and remit them to designated accounts, and finally the funds flow abroad, and the losses are difficult to recover. The judgment in this case in accordance with the law reflects the clear attitude and determination of the judicial organs to severely crack down on cross-border telecommunications network fraud in accordance with the law and safeguard the safety of mainland citizens' property.

Case Six

Xie Mouyang and 3 other people fraud case - a fraud gang that uses the Internet to publish false advertisements to defraud money

From 2016 to 2019, Xie Mouyang published advertisements for selling MP3s at low prices and smuggling Apple mobile phones on online platforms such as idle fish APP, QQ space, and WeChat circle of friends, tricking victims into adding their QQ and WeChat, first letting victims transfer money to pay a down payment or deposit, and then fabricating excuses such as the purchase of the purchased models that are out of stock can make up the difference in price for high-equipped models, smuggled goods are seized at logistics transfer stations, and need to collect security deposits, handling fees, courier fees, etc. to continue to ship, etc., to trick victims into continuing to transfer money to them. After obtaining the victims' money, the victims were "blacklisted" or refused to deliver the goods, defrauding 148 victims totaling more than 320,000 yuan, of which 21 victims were minors and 6 victims were school students. Xie Mouyang also provided the above-mentioned fraud methods, in which co-defendants Li Moulin and Yan Mou carried out fraud or transferred or concealed the funds obtained from the fraud.

The case was effectively decided by the Development Zone Court. For the crime of fraud, the court sentenced Xie Mouyang and three others to fixed-term imprisonment ranging from five years and six months to 10 months, and imposed corresponding fines. The proceeds of crime shall be recovered and the victims shall be returned. The instruments of the crime are confiscated.

This case is a gang crime that uses false advertisements on the Internet to commit fraud. Criminal gangs fabricate facts, first publish false advertisements selling electronic products at attractive prices, and then set up serial "routines" such as deposits, price differences, and handling fees after the victims are hooked, to trick the victims into constantly transferring money to them and defrauding them of money. When shopping online, you should try to choose regular channels, and keep your sanity and sobriety about advertising information released at a price significantly lower than the normal market price, and stay away from scams.

Case Seven

Xu Mouwei and 3 others defrauded and infringed on citizens' personal information - illegally bought and sold citizens' personal information for making fraudulent phone calls

From June to July 2019, Xu Mouwei purchased a large number of telephone cards and citizens' personal information issued by virtual operators, organized and instructed others to dial mobile phone numbers, knowing that he could not provide real part-time jobs or other jobs, still lied that he could provide jobs in accordance with the pre-edited words, tricked job seekers into adding WeChat and QQ numbers provided by Xu Mouwei, and made more than 500 fraudulent calls. Xu Mouwei contacted and traded with fraudsters, people who sold telephone cards, and people who sold citizens' personal information for a long time and many times, collected stolen money from fraudsters according to the number of "drained" heads, and helped fraudsters carry out telecommunications fraud.

Ma Mou and Sun Mou Yang obtained a large number of citizens' personal information containing names, genders, mobile phone numbers and other contents through online acquisition, posting recruitment information, etc., and the two illegally sold about 200,000 pieces of citizens' personal information to Xu Mouwei at a price of about 1 yuan each, making a profit of more than 280,000 yuan.

The Case was decided effectively by the Lanshan District Court. The court sentenced Xu Mouwei and three others to fixed-term imprisonment ranging from five to three years and fined them accordingly, on charges of fraud and infringement of citizens' personal information. Illegal gains shall be recovered and the victims shall be returned. The instruments of the crime are confiscated.

Criminals often use illegally obtained citizens' personal information to find potential criminal targets by making fraudulent phone calls, online chats, etc., and carry out telecommunications network fraud and other illegal and criminal activities, which should be punished according to law. In recent years, the state has continued to intensify its crackdown on illegal and criminal activities that infringe on citizens' personal information, and further cut off the chain of telecommunications network fraud and related illegal and criminal activities. When receiving phone calls and network information from unknown sources, it is necessary to improve the awareness of fraud prevention, do not trust the various attractive conditions provided by the other party, especially when the other party requests to transfer money and pay in advance for various reasons, and it is even more important to keep a clear head and avoid property losses.

Case 8

Liu Mouyuan fraud case - in the name of "brushing powder" and "brushing popularity" to carry out network fraud

From 2019 to 2020, Liu Mouyuan fabricated the identity of "Kuaishou official service provider" and staff of an e-commerce company, and contacted multiple victims in Gansu, Hebei, Shandong and other provinces through the Internet, telephone, etc., to lure victims to pay security deposits and other fees of varying amounts on the grounds that they could help promote the traffic of Kuaishou live broadcast fans, increase the popularity of Kuaishou live broadcast rooms, and promote Kuaishou video works to popular platforms. Later, he fabricated false reasons to defraud Liu Mouyuan's personal Alipay account or his designated WeChat, bank card and other accounts, and defrauded 9 victims of a total of more than 95,000 yuan.

The Case was decided effectively by the Lanshan District Court. The court sentenced Liu Mouyuan to three years' imprisonment and a corresponding fine for fraud.

Through the legal live broadcast platform, showing yourself and enhancing your popularity is understandable, but the practice of "brushing powder" and "brushing popularity" by spending money to find informal channels is not advisable, and has certain legal risks. The criminals in this case took advantage of the victim's eagerness to become an "Internet celebrity", and gradually induced the victim to enter the scam set up in advance, and while dreaming of "Internet celebrity", unfortunately became the prey of the fraudsters. Improve yourself and prevent fraud, so that life can go steadily and long-term.

Case Nine

Liu Mou and 8 other people bribed, illegally provided credit card information, and helped information network criminal activities - a related crime of cracking down on telecommunications network fraud in accordance with the law

Liu mou knows that the online "golden bull" uses the information network to commit crimes, but still entrusts Dai mouqun to handle bank cards for him, and Dai mouqun will send 12 sets of bank cards and related data information handled by himself and his friends to the address provided by Liu, and Liu and Dai will make a profit of 4,000 yuan and 40,000 yuan respectively.

In October 2020, Song Moutao organized Zhang Mou, Zhang Moupeng and many other people to purchase six sets of GOIP equipment (commonly known as "cat pool"), and successively used GOIP equipment to provide mobile phone signal sources in Juxian County, Rizhao City, Yishui County and other places, and leased it to upstream fraudsters to make fraudulent calls. A total of 13 victims across the country were defrauded of more than 1.02 million yuan, and Song Moutao and others received more than 90,000 yuan in rent. Due to the need to use a large number of mobile phone cards to operate GOIP equipment, Song Moutao and others have contacted to purchase mobile phone cards. Among them, Wang Moubao purchased 73 mobile phone cards at a price of 300 yuan per network for GOIP devices to make fraudulent calls.

The case was tried in the first instance by the Juxian Court and the second instance by the Intermediate People's Court. The court sentenced Liu X, Song X Tao, and 8 others to fixed-term imprisonment ranging from three to one year, and fined them accordingly, on the charges of buying and illegally providing credit card information and aiding in information network criminal activities. Illegal gains shall be recovered. The instruments of the crime are confiscated.

Illegally sold telephone cards and bank cards often become tools for criminal organizations to carry out illegal and criminal activities such as telecommunications network fraud, gambling, and money laundering, increasing the concealment of illegal and criminal activities, and bringing certain difficulties to industry supervision, case detection, recovery of stolen goods and other work. Cracking down on illegal sales of telephone cards and bank cards in accordance with the law and completely cutting off the chain of illegal and criminal activities in telecommunications networks is the proper meaning of the state's special action of "breaking cards."

Case 10

Si Mouluo helped information network criminal activities - selling their own bank cards to criminals, constitutes a crime

In July 2020, under the entanglement of Yan Mou (handled in a separate case), Si Mou and Wang Mouhui (handled in a separate case) first handled a Unicom mobile phone card, and then went to different banks to apply for three bank cards and U shields, and sold them to Yan together with the bound Unicom mobile phone card, making a profit of 600 yuan. The card transaction flow in and out of a total of more than 1.33 million yuan, has been verified that more than 20 people across the country have been deceived to transfer funds to the card, the total amount of fraud funds more than 300,000 yuan. After the company went to the bank again to handle 4 bank cards, 4 U shields and Unicom mobile phone cards bound to bank cards to sell to Yan, as of the time of the case, he had not been paid.

The Case was decided effectively by the Lanshan District Court. Because Si X's wife had lenient circumstances such as surrendering voluntarily, admitting guilt and accepting punishment, the court sentenced Si X's wife to eight months' imprisonment for the crime of helping information network criminal activities, and imposed a corresponding fine. Illegal gains shall be recovered.

Where it is clear that others are using information networks to commit crimes, providing technical support for their crimes, or providing assistance such as advertising promotion, payment and settlement, and so forth, where the circumstances are serious, it constitutes the crime of assisting information network criminal activities. Some people have a weak sense of law, and in order to obtain a small amount of economic benefits, they sell their own telephone cards and bank cards that they handle or find others to handle to criminals, which provides convenience for criminals to carry out illegal and criminal activities such as telecommunications network fraud, gambling, and money laundering, and is eventually investigated for criminal responsibility, harming others and harming themselves, and the gains outweigh the losses.

Lightning News reporter Zang Yiwen reported