Rule of Law Daily All-Media Reporter Zhang Ningdan Correspondent Wang Jun Wu Minqing
After applying for bank cards and u shields, they lent them to others, and then used these bank cards and u shields to help "customers" transfer funds, transferring funds up to more than 120 million yuan, and then earning "wages", seemingly easy "work" has actually been suspected of crimes.
Recently, the Nansha District People's Court of Guangzhou City tried this case of aiding information network criminal activities in the first instance, and the defendant Zhang Moubin and 6 other people were convicted of assisting information network criminal activities and were sentenced to fixed-term imprisonment ranging from one year and eight months to one year and five months, and fined 6,000 yuan to 3,000 yuan. The illegal gains returned by the defendant shall be confiscated, and the remaining illegal gains of the defendant shall continue to be recovered and confiscated.
Since September 2020, Huang Moufan (co-defendant, handled in a separate case) as the organizer, created the "Marriott" running sub-platform studio to provide others with bank card payment settlement assistance. Huang Moufan rented a residence in a residential area in Nansha, Guangzhou, as a studio, and co-opted his former colleagues defendant Dong Moushen, fellow defendants Zhang Moubin and Zheng Mouhan to join the studio. Defendants Li Moujun, Huang Moubin and Zhang Mouhao were also introduced to the studio to "work", providing personal bank cards and operating bank card payment and settlement activities.
Defendants Zhang Moubin, Zheng Mouhan, Dong Moushen, Li Moujun, Zhang Mouhao, and Huang Moubin, knowing that others were using information networks to commit crimes, still handled multiple bank cards and u shields in their own names and lent them to co-defendant Huang Moufan (handled in a separate case) to provide them with payment and settlement assistance.
The "daily work" of the studio is to provide funds transfer assistance to the "customer": the "customer" transfers the illegally obtained funds to the defendants Zhang Moubin, Zheng Mouhan, Dong Moushen, Li Moujun, Zhang Mouhao, Huang Moubin and the bank cards collected from others, and the defendants through the running sub-platform summarize, split and transfer the funds to different bank accounts to conceal the source of funds, form a mixture of funds, and thus "whitewash" the funds obtained from these crimes. Provide assistance in the transfer of funds to upstream criminals. The platform takes a percentage of the commission for profit.
After auditing, from September to December 2020, the total inflow of bank card funds provided by defendant Zhang Moubin and 6 others totaled RMB128387288.83, and the total outflow of funds totaled RMB128014113.76. During this period, defendant Zhang Moubin and six others illegally profited from more than RMB5,000 to MORE THAN 12,000 yuan respectively through the payment of wages, totaling more than RMB60,000.
The Nansha court held that the defendant Zhang Moubin and 6 others knew that others were using the information network to commit crimes, but still provided payment and settlement assistance to others, the circumstances were serious, and their behavior had violated the criminal law, constituting the crime of helping information network criminal activities. Moreover, the bank cards of the defendants in this case ranged from more than 10 million to more than 30 million yuan in and out of more than three months, with a total amount of more than 120 million yuan, which was a great social hazard. Because each defendant is a first-time offender, after being returned to the case, truthfully confess the facts of his crime, voluntarily admit guilt and accept punishment, and may be given a lenient punishment or lenient treatment in accordance with law. The court accordingly rendered the above-mentioned judgment in accordance with law.
According to the Nansha court, the so-called running sub-platform refers to an online payment platform that uses personal bank accounts to collect and pay money for others, and collects commissions from it. The running sub-platform studio in this case is essentially a new type of criminal den that is specifically responsible for "whitewashing" the stolen money, and it belongs to one of the "network black and gray production". "Network black ash production" refers to telecommunications fraud, phishing websites, Trojan viruses, hacker extortion and other industries that use the Internet to carry out illegal and criminal activities. What is slightly different is that "black industry" refers to network crimes that directly contact violations of national laws, while "gray production" refers to controversial acts that swim on the edge of the law and often provide assistance to "black industry".
The presiding judge of the case pointed out that in this case, the six defendants helped the "black property" transfer the stolen money through their own and other people's bank cards and with the help of the running sub-platform, thus violating the legal red line and constituting the crime of helping information network criminal activities. It is precisely on the basis of the help of criminal gangs such as Zhang Moubin, Zheng Mouhan, and others that the illegal proceeds of information network crimes such as telecommunications fraud and online gambling can be illegally transferred and "whitewashed," making it difficult for funds to flow to investigate, making it difficult for victims to recover their economic losses, and seriously undermining the state's financial management order. Although the defendants in this case did not make much profit, the total amount of funds transferred was as high as more than 120 million yuan, which was a great social harm.
It is worth noting that the six defendants in this case are all young people in their early 20s, who have just entered the society, and who have chosen to engage in such a "job" when they know that such acts are to provide help to criminals, and have embarked on the road of breaking the law and committing crimes. The Nansha court reminded the majority of young people to take this as a warning, and when looking for a job, they must polish their eyes and avoid going astray.
Source: Rule of Law Daily - Legal Network