Newly married Yan'er, he was reduced to a prisoner of the order!

The use of ordinary mahjong and playing poker cards for gambling may be commonplace, but with the development of technology, criminals have set their sights on the Internet, using the Internet to open casinos, and developing downlines to find agents for casinos. On April 29, the Datong District People's Procuratorate handled such a new type of casino opening case.

Zhang Yang (pseudonym), who had just married, could be said to be in a happy period, but what he did not expect was that it was not long before he stood in the courtroom and became a defendant. His lover and parents couldn't figure it out, why was this so? Answer: Open a casino.

Case Review

Zhang Yang is a very diligent person, in 2020, before the outbreak of the epidemic, he earned money by driving a taxi every day to support his family, after the outbreak of the epidemic, he could not drive a taxi to earn money, there was no source of livelihood, so that Zhang Yang made a mistake, and it was at this time that a sudden friend solved his urgent need.

Around February 2020, Zhang Yang's friend Wang Ming (pseudonym) introduced an APP game "Micro Flutter Circle" to him, and looked for Zhang Yang as a game agent, Wang Ming said that he is now the agent of this game, saying that players spend money on the micro flutter circle platform to charge diamonds, the agent can get the rebate of the micro flutter circle platform, Wang Ming knows that Zhang Yang has known many people before running taxis, so he let Zhang Yang form a WeChat group to gather players. From February to March 2020, Zhang Yang and Wang Ming used the WeChat group to organize personnel to gamble in the micro-flutter circle platform using games such as fried gold flowers and fighting landlords, and Zhang Yang sent the invitation code of the "big alliance" room number established on the micro-fluttering circle platform in the WeChat group, and the participants entered the room by filling in the invitation code, and the participants needed to buy "diamonds" on the micro-poker platform at the same time and "score" at Wang Ming's place as gambling chips to gamble, and the participants transferred the money to Wang Ming through WeChat red envelopes. Wang Ming scored points for the participants on the micro-poker platform, and after the end, Wang Ming gave the participants a fund settlement. During this period, Zhang Yang and Wang Ming jointly profited more than 10,000 yuan. In the end, Zhang Yang and Wang Ming were indicted in court for opening a casino, and they were sentenced by the Datong District People's Court.

Penalties for gambling and opening a casino

Article 70 of the Law of the People's Republic of China on Public Security Administration Penalties: Those who provide conditions for gambling for the purpose of making profits, or who participate in gambling with relatively large funds, shall be detained for not more than five days or fined not more than 500 yuan;

Article 303 of the Criminal Law of the People's Republic of China Whoever, for the purpose of making profits, gathers a crowd to gamble or engages in gambling shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined;

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in handling Criminal Cases of Gambling:

Article 1: Where there are any of the following circumstances for the purpose of making profits, it is a case of "gathering a crowd to gamble" as provided for in criminal law article 303:

(1) Organizing gambling by 3 or more people, and the cumulative amount of profits from the draw reaches 5,000 yuan or more;

(2) Organizing gambling for 3 or more people, and the cumulative amount of gambling funds reaches 50,000 yuan or more;

(3) Organizing gambling for 3 or more people, and the cumulative number of participants in gambling reaches 20 or more;

(4) Organizing 10 or more citizens of the People's Republic of China to gamble abroad, collecting kickbacks or introduction fees from them.

Article 2: Whoever, for the purpose of making profits, establishes a gambling website on a computer network, or acts as an agent for a gambling website, and accepts bets, falls under "opening a casino" as provided for in article 303 of the Criminal Law.

Article 3: Where citizens of the People's Republic of China gather crowds to gamble or open casinos in the surrounding areas outside the territory of our country, with the aim of attracting citizens of the People's Republic of China as the main source of customers, constituting the crime of gambling, they may be pursued for criminal responsibility in accordance with the provisions of the Criminal Law.

Article 4: Whoever, knowingly knowingly commits criminal gambling activities, and provides direct assistance to them with funds, computer networks, communications, expense settlement, or so forth, shall be punished as an accomplice to the crime of gambling.

Tips

1, the board game itself is not illegal, whether it is playing mahjong, or fighting landlords, is the daily entertainment activities of the people, but once it involves money, the nature of the game may undergo a fundamental change, become gambling, and the person who draws from it will be suspected of gambling crimes or casino crimes according to the specific circumstances of the case.

2. The Internet is absolutely illegal and should not become a place for illegal crimes. In recent years, criminal cases caused by participation in online gambling have occurred from time to time and shown a trend of rejuvenation of criminals, seriously endangering the legitimate rights and interests of the people and the stability of social development, with serious social harm, the people must clearly understand the essence of gambling, especially online gambling, recognize the routine, understand the "ten gambles and ten losses", and prevent them from falling into the trap.