Peninsula all-media reporter Sun Guidong correspondent Tang Sai Bai Shuwen
You can always be online to pick up your sister, and you can also grab red envelopes to make a lot of money... In June 2020, gambler Liu Moufeng found his hometown and organized a group to develop such a social APP, but actually used the platform to open a casino to make a profit. In less than half a year, more than 40,000 people were involved nationwide, with a flowing amount of more than 4.6 billion yuan, a cash withdrawal amount of 330 million yuan, and more than 27 million yuan of gambling funds seized. In order to avoid the blow, a group of people hid behind the scenes, deleted the database, and added a mall as a cover. Recently, the first-instance judgment of the extraordinarily large Online gambling case jointly handled by the first and third procuratorial departments of the Licang District Procuratorate was pronounced. In December 2021, the Licang District People's Court sentenced Liu Moufeng to eight years and nine months in prison and Liu Mouwei to six years and nine months in prison for the crime of opening a casino.
Hide behind the scenes to open a casino And organize a group to open a company to play a cover
This is the first case in Licang District where an online gambling platform is located locally. Because of the wide scope of the case and the complexity of the case, the case was listed as a supervision case by the Ministry of Public Security. Liu Moufeng, the main trader behind the case, was sentenced to two years in prison and suspended for two years in 2018 for the crime of opening a casino.
Learning the lesson of the last time, he hid from the foreground and behind the scenes. In May 2020, he found Liu Mouwei from the same village and discussed opening a casino online.
Liu Moufeng told his compatriots that he had previously been in contact with the platform of online red envelope gambling, knew many people involved in gambling, and it was very profitable to develop this gambling platform, they could develop an APP platform, and building a group of red envelope gambling could make money. Liu Moufeng said that he was accidentally arrested by the police before, and now he has summed up his experience and is assured to be bold and make a fortune. Listening to Liu Moufeng already had a detailed plan, Liu Mouwei could not resist the temptation of money, and he planned to join forces to do it.
Because Liu Moufeng's reputation is not good, he is a black household, cannot open a card, and cannot establish a company. The specific process of opening the company, the later operation of the software, etc., are all responsible for Liu Moufeng, and Liu Mouwei only needs to pay for the company's legal person. After the establishment of the company, Liu Moufeng was responsible for contacting technical personnel to develop APP software, and was also responsible for attracting personnel to the platform to build a group to participate in gambling, and the profit was divided equally between the two people.
In May 2020, the two people hit it off, and Liu Moufeng contacted Zhou, Guo, Lei and others to jointly fund the establishment of an online platform company in Licang District, and all shareholders were divided according to different proportions. A group of people invested more than 1 million yuan in software development and maintenance.
Their ways of making money are also diverse, and gamblers who want to upgrade the number of groups and withdraw gambling funds need to be charged.
Special people "hold hands" to divert traffic To grab red envelopes in the group to gamble
As the behind-the-scenes trader of the entire online casino, Liu Moufeng also collects and aggregates information in the gambling group as a customer service and handles complaints. At the same time, he also contacted a special "handle" responsible for draining the platform and attracting more people to participate in gambling.
The prosecutor handling the case said that the division of labor in online gambling has become more and more clear, and gradually spawned some gray industrial chains. There are special personnel responsible for pulling people to drain, and the group mainly gives commissions in proportion. They will post ads on major game platforms or chat software, and there is a software that can grab red envelopes.
After registering as a member, you can play the game of grabbing red envelopes in the group. It is understood that the thunder rules for grabbing red envelopes are formulated by the group owner, and now they are gambling between the group members and the group owner, the group owner forms a group, registers multiple accounts by himself, and then pulls in the gambling group members. Group members in the group to send red packets, according to whether the number of red packets set by the tail number of red packets is the same as the number of thunder set by the red packet, if the same is the thunder, the thunder treader will lose to the multiple of the amount of the red packet of the contractor, can only be the group owner and the group owner's trumpet grab, if there is a group member to grab the bag, the group owner will kick the group member who grabbed the red packet out of the group.
In order to attract the interest of others to participate, the group owner uses multiple WeChat accounts to register and play games non-stop. The group owner in the group left hand to the right hand, the participants occasionally have small losses, but when they earn money, they can earn hundreds of yuan at a time. "Making money is so simple", many people looked at the group for a while, and also wanted to try it. As a result, after entering the group chat, I occasionally made a little money, and finally lost a lot. Some played this game under the introduction of friends, and as a result, the quilt became deeper and deeper.
Some of these group leaders are group members who set up their own groups, and some are found by Liu Moufeng and other behind-the-scenes traders. The money won by the group owner as a market maker also needs to be divided into the platform.
Gambling platform crazy gold sucking gang members were a nest end
In May 2020, the software developed by the company was officially launched, and the number of people involved in gambling on the software platform increased rapidly.
By October 2020, the number of participants reached their peak. Every day, the platform has hundreds of group chats, and the participants are also from all over the country, with more than 40,000 people.
The frenzied gambling soon caught the attention of the police. In October 2020, the Licang Branch of the Qingdao Municipal Public Security Bureau received a police report from the Ministry of Public Security's Internet Police Platform that a network technology company operating a charm APP in Licang District might be involved in gambling, and the public security organs immediately organized elite forces to investigate.
Through analysis and judgment, the police of the special case group found that Liu Moufeng was one of the main traders. Liu Moufeng often logs on to the platform and masters the APP management password and background operation details. On November 12, 2020, the police arrested Liu Moufeng in a hotel in Laixi. Subsequently, the legal person of the software operating company and so on came to the case one after another, and the entire gang was killed.
However, after being arrested, Liu Moufeng and Liu Mouwei, a legal person of the company, did not appear to be very panicked, and seemed to have already made preparations. Liu Moufeng refused to hand over the account and password of the background management operation, arguing that the platform they set up was used for chatting. What to talk about on the platform, they don't know.
Soon, the careful police of the special case team found that during the arrest process, the background personnel were aware of it and deleted all the records. When the police of the special case team retrieved the data of the gambling website, they found that all the records were lost, and the two major hosting platforms of the gambling software said that all the background data of the gambling software could not be found..." For a time, the case reached an impasse.
Databases are censored and the funds are going to show their feet
In December 2020, the case was transferred to the Licang District Procuratorate. Procurators handling cases comprehensively sort out evidence in the case, study case-handling ideas, and repeatedly join forces with public security, network police, and other departments to study the facts of the case, guiding the investigation from such aspects as establishing the direction of investigation, fixing evidence, and standardizing procedures.
According to the analysis of the procurator handling the case, basically all social platforms will have their own bookkeeping systems, and after they issue instructions, they will operate through third-party payment platforms. Gambling data transactions are inevitably accompanied by capital transactions, which can be started from the platform data paid by third parties. Procurators handling cases promptly guide public security organs, starting with circumstantial evidence to form a complete chain of evidence to confirm the facts of the crime.
Subsequently, the investigators found the third-party payment platform in time and confirmed the inflow and outflow of funds from the gambling platform. After investigation, it was learned that in May 2020, Liu Moufeng found the company, and the two sides signed a third-party payment service. As of the time of the case, the platform users had recharged more than 370,000 times.
Until this time, Liu Moufeng was still stubbornly resisting, and had always argued that the website was only used for dating, and they also had a mall module. They have their own warehouses, and the current accounts of funds are generated by members buying and selling goods. At this time, the APP has been unable to log in, and the background data has been deleted, and it is impossible to verify their claims. Just when they thought they were invulnerable, the prosecutor pointed out the key to the entire chain of evidence in the case.
The procurator handling the case analyzed how to characterize the app and whether it involved online gambling, mainly depending on whether the criminal suspect said that the app was a shopping mall, whether there was evidence to confirm it, and whether there was an extraction and analysis of transaction records. Whether the mall really exists, you can see the warehouse's entry and exit records. The company's location is not far away, it is located in Licang District, which is very convenient for evidence collection.
Subsequently, the public security organs immediately launched an on-site investigation into the malls that the two men said. The police came to the company's location and found that they had neither a warehouse nor a record of leaving the warehouse, and the so-called online mall was just a cover for confusing people. By fixing the testimony of key witnesses of the third-party payment platform, the police clarified the financial relationship between the third-party payment platform and the gambling platform, confirmed the entry and exit of the gambling platform funds, and laid a good foundation for determining the amount of gambling funds.
Fixed more than 70 million pieces of data The task force invited professional firms
The relationship between the two "ledgers" is confirmed, involving specific litigation, and the need to clarify the financial transactions of each piece of data. With more than 70 million pieces of electronic data extracted, the task force's work poses new challenges.
However, due to personnel, experience, equipment and other reasons may delay the analysis time, the procurator suggested that qualified firm professionals conduct a special audit of the number of participants involved in the case, the amount of money involved, etc.
The investigative organs also adopted the opinions of the procuratorial organs, promptly entrusted professional firms to audit the relevant materials, and formed a special audit report. In the course of the subsequent trial, the court fully accepted the audit report, laying a solid foundation for the smooth conclusion of the case.
The flow of water involved in the case exceeded 4.6 billion, and the traders behind the scenes were all arrested
Finally, in the face of ironclad evidence, Liu Moufeng could no longer deny it and truthfully confessed the fact of opening a casino online. Liu Moufeng confessed that in November 2018, he was sentenced to two years in prison suspended for online gambling.
After he returned to his hometown, he did not look for a formal job, but instead took up a second-hand car. Because he was not proficient in the industry, not only did he not earn a penny, but he also lost all the money he borrowed from his friends. In order to pay back the money, he plans to return to his old business and open a casino online to earn money.
Therefore, he found his compatriot Liu Mouwei as a legal person of the company, and then found other friends to contribute as shareholders. The operation of the entire APP and the post-technical management are coordinated by him. After running for more than half a year, more and more people are chatting and gambling on the platform, and various shareholders have also earned a lot of money.
In order to avoid the crackdown, in the process of police arrest, other personnel deleted the platform's database. Coupled with the setting up of a special mall, I thought that the plan was seamless, but I did not expect to be recognized by the police and prosecutors.
In the end, the court sentenced Liu Moufeng and Liu Mouwei to eight years and nine months in prison and six years and nine months respectively for the crime of opening a casino, and fined them each. After the verdict was pronounced, the two did not appeal, and the verdict took effect. At present, other people involved in the case have also been prosecuted one after another, and the case is being further handled.
remind:
Can you make money by grabbing red envelopes? The casino is aiming at your wallet
The procurator handling the case said that with the rapid development of network communication technology, the combination of traditional gambling and the Internet has evolved into a new form of online gambling, and the opening of casinos has also shifted to a more hidden cyberspace, and online gambling has gradually formed a black industrial chain such as providing gambling software development, establishing gambling websites, carrying out technical maintenance, gambling payment and settlement, and professionally pulling people into groups, which seriously corrupts the social atmosphere, undermines social order, and easily induces related crimes.
Therefore, online gambling has also become a key target of the judicial organs, and those who open casinos will inevitably suffer the consequences of their own and be severely punished by the law.
In addition, whether it is traditional gambling or new gambling, nine out of ten gambles lose. Many people dream of getting rich overnight, but the bookmaker has long been eyeing your wallet. At the same time, some people involved in online gambling are reminded not to indulge in gambling, which may be ruined over time.
According to 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;
Is not opening a brick-and-mortar casino a gambling business? According to the 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, and the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Cases Involving the Use of Gambling Machines to Open Casinos, in addition to the traditional commercial establishment of a place for gamblers, setting up gambling methods, providing gambling equipment and chips, and accepting bets from gamblers for others to gamble, a gambling website is established on a computer network, in addition to providing a place for gamblers to operate for business, setting up gambling methods, providing gambling equipment and chips, and accepting bets from gamblers for others to gamble. Or acting as an agent for a gambling site, accepting bets, and gambling by accepting telephone bets, and the participants are not concentrated together, also belongs to the opening of a casino.
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In 2021, more than 2,200 online gambling platforms will be destroyed nationwide
In recent years, many gamblers have moved traditional casinos to the Internet, spawning a group of criminals who use these means to make huge profits, and Qingdao has cracked many such cases.
The reporter logged on to the China Judgment Documents Network to comb and found that in 2021, Qingdao's grass-roots courts tried a total of 20 cases of opening casinos, of which 6 cases were online gambling cases.
In 2017, defendant Chen registered a member account on a gambling website to participate in online gambling, and then helped Yu X, Liu X, and other 5 people to register a member account under the account for others to participate in online gambling. Around 2018, Chen registered an agent account on a gambling website, and transferred 5 member accounts under his membership account to the agent account through the customer service of the gambling website, and then members continued to register to join the agent account. As of June 2020, there are 45 members under the affiliate account. During his tenure as an agent for a gambling website, Mr. Chen received commissions issued by gambling websites through his member account. After investigation, from November 2019 to June 2020, the members under the name of the gambling website agent recharged a total of 95,663 yuan, and Chen received a total commission of more than 300 yuan.
After trial, the Huangdao court held that the defendant Chen Mou acted as an agent and developed members for a cross-border gambling website, and his behavior constituted the crime of opening a casino, and sentenced him to five months' detention, and fined him RMB3,000, and the return of the stolen money of RMB 300 was confiscated according to law and handed over to the state treasury.
During July 2020, defendant Gao used the "Honor Online" gambling APP as an agent and developed subordinate members to participate in online gambling, and he earned a certain percentage of commissions from subordinate members' bets. After electronic inspection and inspection, as of the time of the case, defendant Gao X had developed a total of 4,489 subordinate members and made a profit of RMB 11,193.99 (the same as the following currencies). After trial, the Jiaozhou court held that the defendant Gao X, for the purpose of making profits, knew that he was a gambling website, acted as an agent for the gambling website and developed a downline and earned commissions from downline betting, the circumstances were serious, his behavior had constituted the crime of opening a casino, which should be punished according to law, sentenced to two years' imprisonment, suspended for three years, and fined 30,000 yuan, returned the illegal gains of 11193.99 yuan, confiscated and handed over to the state treasury.
According to media reports, in 2021, the public security organs investigated and handled more than 17,000 cross-border gambling and related crime cases, arrested more than 80,000 criminal suspects, smashed more than 2,200 online gambling platforms, smashed more than 1,600 illegal payment platforms and underground money banks, more than 930 illegal technical service teams, and more than 1,500 gambling promotion platforms, seized and frozen a number of funds involved in the case, and punished and educated a large number of gambling participants.
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