Author | Lawyer Wang Qianyu of Huaicheng
In the previous article "Telecom Fraud, Why Are FraudSters Difficult to Catch and Money To Chase?" ", to give you a brief introduction to the fraud model of telecommunications fraud, and the meaning of "running points".
Based on the experience of handling "running points" cases, Lawyer Huaicheng continues to introduce the crimes constituted by the different links involved in the "running points" person, as well as the main factors considered in conviction and sentencing.
This article first introduces the most likely "card collection" link in our real life.
1
Selling cards——
Jailbreak in a single thought
"Running points" need to use bank cards, WeChat collection codes, and Alipay accounts to receive a large amount of defrauded money, but this will produce a large number of transaction flows.
The daily turnover of a first-class card generally does not exceed 200,000 yuan, and the ordinary bank card generally does not exceed 100,000 yuan, otherwise it will attract the attention of the banking system, and the funds in the bank card may also be frozen. The same is basically true of Alipay and WeChat collection accounts.
In order not to attract the attention of third-party institutions, "running score" people will generally buy a large number of bank cards from the society, and the price is generally 500-1000 yuan / piece.
Selling a bank card can have a harvest of 500-1000 yuan, and many students in school and some people who urgently need money are easily tempted.
Lawyer Huaicheng once encountered a case.
The person concerned was still in college at the time, and the living expenses given by his parents were not enough to spend, so he began to sell cards to others through the introduction of friends. Although she did not ask what the card was used for, she knew very well that it would not be a legal thing, after all, there was no need to buy a card for legal things.
But she thought about it again, and there was no harm to her anyway. In this way, she sold about 10 bank cards in succession during her college years.
After graduating from university, she successfully became a teacher. Suddenly one day the police called to ask her about selling cards during college, and she panicked... In her words, it is really "regret not the beginning, after all, now it seems that what is the thousands of dollars that sell cards"?
2
Selling cards is suspected of constituting
Crimes of aiding information cybercriminal activities
In order to cut off the network of telecommunications fraud that helps transfer funds, the Ninth Amendment to the Criminal Law also criminalizes the sale of cards.
Where a card seller knowingly uses an information network to commit a crime, but still provides him with payment and settlement assistance such as bank cards, WeChat, or Alipay collection accounts, if the circumstances are serious, it constitutes the crime of helping information network criminal activities.
There are two constituent elements of the crime of selling cards constituting the crime of aiding information network criminal activities:
One is to presume that the card seller "knowingly" that others are using information networks to commit crimes.
The main situations are:
1. The relevant acts are still carried out after being informed by the regulatory authorities. For example, if a card has been sold before, a bank card, Alipay or other institutions call to inquire, or the account is frozen, but still continues to sell the card, the judicial authorities will generally presume that they know it.
2. The transaction price or method is obviously abnormal. The judicial authorities generally believe that the standard for the purchase of a bank card of about 500-1000 yuan is an obvious abnormal transaction price, and will also be presumed to be aware of it.
In the case of this agent, the card sellers have not been held criminally responsible, the main reason is that the card buyers lied that they needed to swipe the bank card to open a Taobao store, and the price of a card was generally around 200-500 yuan and was not too high, and the card sellers also said that they did not know the purpose of the card.
The other is that selling cards is "serious."
There are four criteria for determining the "serious circumstances" of selling cards:
1. Provide assistance to more than three objects, that is, sell cards to multiple people;
2. The payment and settlement amount is more than 200,000, which generally refers to the situation where the flow exceeds 200,000, which is very easy to achieve in practice;
3. Illegal gains of 10,000 yuan or more;
4. Those who have received administrative punishment for information network violations within two years and have also helped information network criminal activities are commonly known as repeat offenders.
3
Buying a card is suspected of the crime of aiding information cybercriminal activities
Or the crime of obstructing credit card management
There are cards to sell because there are cards to buy. Finally, it was the card buyer's turn to appear. Since running points requires a large number of bank cards, someone will buy cards from all over the place, buy them and then resell them.
Bank cards fall within the scope of credit cards provided for in the Criminal Law, so the purchase of more than 5 bank cards constitutes the crime of obstructing credit card management and is punishable by fixed-term imprisonment of not more than three years or criminal detention, and more than 50 are a huge number of people and are sentenced to fixed-term imprisonment of not less than three years.
Since the card buyer is actually to help others commit information network crimes, the act of buying cards also constitutes the crime of helping information network crimes. The statutory maximum penalty for assisting in information cybercriminal activities is three years, which is much lighter than the crime of obstructing credit card management.
In judicial practice, the act of buying a card is found to be both the crime of obstructing credit card management and the crime of helping information network criminal activities.
(To be continued)
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