Real cases
Recently, a certain warrior Xiao Zhang was very distressed. His brother Zhang San (pseudonym) was criminally detained by the public security organs for helping others withdraw money several times with the other party's bank card!
It turned out that Zhang San was an unemployed vagrant who was sentenced to 5 months' detention for telecommunications network fraud three years ago, and still did not do his job after the punishment was executed. Some time ago, Zhang San heard from his "good big brother" Wu That there is a "good thing" that can help people withdraw money to the bank to earn commissions. In order to easily get money, Zhang San took the initiative to contact the upper family, and the two sides reached an agreement that every 10,000 yuan could be withdrawn for 500 yuan. Zhang San, who had been sentenced to detention, had a premonition that the money should be "black money", but he still did not resist the temptation of money: within a week, he helped his family withdraw 70,000 yuan 8 times until he was discovered by the public security organs.
After investigation, Zhang San's upper family belonged to a telecommunications network fraud gang, and the money zhang san withdrew was stolen money.
Case Analysis
01 What crime did Zhang San commit?
Zhang San's act of helping people to take "black money" violated the crime of telecommunications network fraud and was an accomplice to this crime.
In this case, Zhang San's act of taking money was to know that the money owed was not coming from the right place, but still carried out the illegal act, and it should be determined that Zhang San had subjective intention to carry out the illegal act.
At the same time, Zhang Sandai's act of withdrawing stolen money may have committed two different crimes, one is to conceal the proceeds of crime, and the other is the crime of telecommunications network fraud.
According to 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 Criminal Cases Involving Telecommunications Network Fraud", whoever, knowingly knows that it is the proceeds of telecommunications network fraud and the proceeds generated therefrom, repeatedly uses or uses multiple credit cards or fund payment and settlement accounts opened by non-identity certificates, or repeatedly uses abnormal means such as obscuring cameras or disguises to help others transfer, cash out, or withdraw cash, shall be investigated for criminal liability for the crime of concealing or concealing the proceeds of crime or proceeds of crime. Whoever commits the above-mentioned acts and commits conspiracy in advance shall be punished as a joint crime. Judging from the facts of this case, Zhang San has a previous record of committing telecommunications network fraud, and it should be determined that he knows that the arrears he has withdrawn on behalf of the family are the proceeds of the crime of committing telecommunications network fraud on his behalf, and Zhang San has repeatedly carried out the act of withdrawing money on behalf of the family in a short period of time, which should be determined to be conspiracy in advance, so this case should not be found to be an accomplice to the crime of concealing and concealing the crime, but should be found to be an accomplice to the crime of telecommunications network fraud.
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 Fraud, the use of telecommunications network technology to carry out fraud shall be severely punished in accordance with the crime of fraud, and if the amount of fraud is more than 30,000 yuan, it shall be deemed to be a huge amount. Zhang San may face a criminal penalty of not less than three years but not more than ten years in prison and a fine for suspected telecommunications network fraud.
02 What is the crime of telecommunications network fraud?
Telecommunications network fraud refers to the conduct of criminals using telephone, network, text messages, and other means to induce unspecified victims to be deceived and defraud others of public or private property by means such as fabricating information or setting up scams in a non-contact manner.
As a new form of crime in the Internet era, telecommunications network fraud crimes show the characteristics of non-contact between criminals and victims, intelligent and diversified means of committing crimes, professional and professional groups of criminals, and implementation of unspecified majorities.
According to statistics, in 2020, the Ministry of Public Security, together with the Central Cyberspace Administration and the telecommunications department, blocked 1.82 million fraudulent domain names and websites, intercepted 730 million fraudulent calls and more than 1.5 billion text messages. In 2020, a total of 322,000 cases of telecommunications network fraud were cracked nationwide, 361,000 criminal suspects were arrested, and more than 272 billion yuan of funds involved in the case were stopped and frozen. From January to May 2021, a total of 114,000 cases of telecommunications network fraud were cracked nationwide, more than 14,000 criminal gangs were destroyed, 154,000 criminal suspects were arrested, up 60.4%, 80.6% and 146.5% respectively year-on-year, and a total of 881 cases of being defrauded of more than one million yuan were cracked nationwide, an increase of 160.5% year-on-year.
Telecommunications network fraud has become the fastest growing criminal crime and seriously affects the people's sense of security, and as a member of the Internet era, the officers and men of the armed forces are also always facing the potential threat of telecommunications network fraud.
Prevention and response to the crime of telecommunications network fraud
01 Enhance personal information protection
02 Establish correct values and concepts of marriage and love
Although the pursuit of profit is a thought that everyone cannot avoid, in the face of the illusory network world, we must establish correct values to prevent the tragic consequences of profit-seekers falling into their own interests. Online consumption and financial management should be through common formal software, try to avoid online loans, never click on inexplicable links, and do not easily show verification codes to others. Online dating should be more cautious, more understanding and more verification, to firmly believe that netizens who do not meet are very dangerous, the netizens who take you to make money are definitely scammers, and the rich and handsome, Bai Fumei will not go online to find friends.
03 Calm analysis and consultation in case of trouble
The police will not make a record by telephone, and the arrest warrant will be presented by the police at the scene of the arrest, will not be issued by fax, and will not be found online. The public prosecutor's office has never set up a so-called "safe account", let alone arranged for the parties to transfer money to the "safe account" by telephone. Relatives, friends and colleagues have problems to ask me directly by phone, encounter things that are not accurate, ask more, communicate more, do not make decisions without authorization or in a hurry.
04 Pay attention to the protection of technical means
Due to the frequent occurrence of telecommunications network fraud to the masses caused huge losses, the Ministry of Public Security launched the National Anti-Fraud Center APP, with case reporting, call (SMS) early warning interception, identity verification, risk inquiry and other anti-fraud functions, but also dynamically expose and update common telecommunications network fraud scams and anti-fraud information news, the majority of officers and soldiers should install this software in a timely manner, on the basis of personal active protection and add a technical protection.
05 Enhance daily awareness of law-abiding
In order to resolutely and effectively curb telecommunications network fraud and other criminal activities, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and other departments have issued a number of laws and regulations to regulate the criminal acts of telecommunications network fraud.
According to Gary Becker's economic analysis of crime and punishment, rational criminals choose to commit crimes when the proceeds of crime outweigh the costs of crime. The crazy development of telecommunications network fraud is directly related to the vast criminal market and low-cost criminal means, and each of us may be a potential target of fraud, only when the whole people unite to fight against telecommunications network fraud like fighting the epidemic, can we effectively protect the legitimate property of the country and the people from infringement.
Lawyer of this issue: Liu Junyan
Master's degree candidate, passed the National Legal Professional Qualification Examination in 2015, and has published a number of academic articles.
Main areas of work: civil law, contract law, etc
Article author: Liu Junyan
【WeChat:skdjwz】
Organizer: Political Work Department of the Air Force of the Northern Theater
Issue: No. 1261
Editor of this issue: Liu Xiaobing
Editor-in-Charge: Li Junlin
Text Coordinator: Liu Ruonan
Submission email: [email protected]
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