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Viewpoints... The boundaries of different charges in telecommunications fraud.

Published:

2022-11-18

At present, the crime of telecommunications fraud is high, and online part-time fraud, fraud by pretending to be a leader, fraud by pretending to be a public prosecutor, and online winning fraud are endless. In the chain of fraud crime, different nodes, the corresponding charges are different. It may be an accomplice in the crime of fraud, it may be the crime of helping information network criminal activities, or it may be the crime of concealing or concealing the proceeds of crime and the proceeds of crime. Are you too stupid to tell? Today, the author will take you to understand the past and present life of telecom fraud crime! The crime of fraud refers to the behavior that the perpetrator deliberately fabricates false facts and conceals the truth to defraud other people's property for the purpose of illegal possession. The specific behavior structure is: the perpetrator fabricates false facts and conceals the truth-the deceived person falls into a cognitive error-The deceived person disposes of property based on cognitive errors-the perpetrator obtains property-the victim loses property. The crime of helping information network criminal activities (I. e. the crime of helping letters) refers to the behavior that the perpetrator knows that others use the information network to commit crimes, and provides them with technical support such as Internet access, server hosting, network storage, communication transmission, or provides advertising promotion, payment and settlement, which seriously disrupts the network order. The crime of concealing or concealing the proceeds of crime and the proceeds of crime refers to the act in which the perpetrator, knowing that the object of the act is the proceeds of crime and the proceeds generated, still conceals or conceals it, thus seriously hindering the prosecution of criminal acts by judicial organs. The above three crimes may exist in telecom fraud activities. Different nodes, different intention and different functions will constitute different charges. three crimes of distinction: Knowing that others have committed telecommunications network fraud crimes, participate in fraud gangs or form a relatively stable cooperative relationship with fraud gangs, and provide bank cards or transfer cash for others for a long time, they shall be punished as accomplices in fraud crimes. Those who know that others use the information network to commit crimes, only rent or sell bank cards to others, and do not carry out other acts, and reach the standard of serious circumstances, shall be punished as the crime of helping information network criminal activities. After renting or selling bank cards to others, the perpetrator, knowing that it is the proceeds of crime and its proceeds, transfers, cashes, withdrawals, etc., or provides verification services such as face brushing in order to cooperate with others in transferring, cashing, or withdrawing cash, The crime of concealing or concealing the proceeds of crime and the proceeds of crime shall be punished. In practice, the same is to provide bank cards for the use of fraud, but under different circumstances, the provider may constitute different charges. The first case: The victim's money is directly transferred to the provider's bank card. At this time, the victim is disposing of property under the deception of the upstream offender. The crime has not been completed. It belongs to the act of helping before the upstream crime is completed. It is an indispensable part of the completion of the upstream crime. The provider is either a joint crime of the upstream crime or a crime of helping information network criminal activities; If the objective behavior of the predicate crime has been found out, the common behavior and its division of labor have been found out, and the provider has clear communication and consciousness contact with the predicate crime, it should be determined that the provider is a joint crime of the predicate fraud crime; If the provider has no contact with the upstream crime, no division of labor, and only provides bank cards for criminal use, it should be the crime of helping information network criminal activities; In the case that the principal offender has not been arrested or even identified, but there is sufficient evidence to prove that the upstream act constitutes a crime, and the perpetrator of this crime has carried out an act of help, and the meaning of the contact is uncertain or unclear, in this case, it should also be identified as the crime of helping information network criminal activities. The second case: If the victim's money does not directly enter the bank card provided by the perpetrator, but is transferred to the bank card provided by the perpetrator after other transfers, the provider acts after the predicate crime has been completed, and it should be the crime of concealing or concealing the proceeds of crime and the proceeds of crime. The third case: The bank card provided by the perpetrator was used both to commit the predicate offence and to transfer the stolen money. In this case, the provider's bank card occurs and exerts its influence before the accomplishment, and the provider also transfers funds again or withholds cash offline according to the instructions of the upstream offender. The previous act of providing bank cards belongs to the crime of helping information network criminal activities, while the subsequent act of transferring funds again and withdrawing cash offline belongs to the crime of concealing and concealing the proceeds of crime and the proceeds of crime. The two acts are independent of each other, it should be punished in accordance with the crime of helping information network criminal activities and the crime of concealing or concealing the proceeds of crime and the proceeds of crime. A few days ago, the author handled a crime of this kind. The client not only provided a bank card for criminal use, but also withdrew cash according to the instructions of others. The court found that it constituted the crime of helping information network criminal activities and concealing and concealing criminal proceeds. The crime of proceeds from crime was punished for both crimes and sentenced to two years in prison and a fine.

Today, the author will take you to understand the past and present life of telecom fraud crime!

crime of fraudIt refers to the behavior that the perpetrator deliberately fabricates false facts and conceals the truth to defraud other people's property for the purpose of illegal possession. Its specific behavior structure is: the perpetrator fabricates false facts and conceals the truth-the deceived person falls into a cognitive error-the deceived person disposes of property based on cognitive error-the perpetrator obtains property-the victim loses property.

Crime of helping information network criminal activities (I. e. crime of helping letters)It refers to the behavior that the perpetrator knows that others use the information network to commit crimes, and provides them with technical support such as Internet access, server hosting, network storage, communication transmission, etc., or provides advertising promotion, payment and settlement assistance, which seriously disrupts the order of the network.

Crime of concealing or concealing the proceeds of crime and the proceeds of crimeIt refers to the act in which the perpetrator, knowing that the object of the act is the proceeds of crime and the proceeds generated, still conceals or conceals it, thus seriously obstructing the prosecution of the criminal act by the judicial organ.

The above three crimes may exist in telecom fraud activities. Different nodes, different intention and different functions will constitute different charges.

three crimes of distinction:

Knowing that another person has committed a crime of telecommunications network fraud, participates in a fraud gang or forms a relatively stable cooperative relationship with a fraud gang, and provides a bank card or transfers cash for another person for a long time,To be punished as an accomplice in the crime of fraud.

Knowing that another person has committed a crime by using an information network, only renting or selling bank cards to another person, and not committing other acts, and reaching the standard for serious circumstances,To help information network crime.

After renting or selling bank cards to others, the perpetrator, knowing that it is the proceeds of crime and its proceeds, transfers, cashes, withdrawals, etc. on behalf of others, or provides verification services such as face brushing to cooperate with others in transferring, cashing, or withdrawing cash,The crime of concealing or concealing the proceeds of crime and the proceeds of crime shall be punished.

In practice, the same is to provide bank cards for the use of fraud, but under different circumstances, the provider may constitute different charges.

The first case:

The victim's money is directly transferred to the provider's bank card. At this time, the victim is disposing of property under the deception of the upstream offender. The crime has not been completed. It belongs to the act of helping before the upstream crime is completed. It is an indispensable part of the completion of the upstream crime. The provider is either a joint crime of the upstream crime or a crime of helping information network criminal activities;

If the objective behavior of the predicate crime has been found out, the common behavior and its division of labor have been found out, and the provider has clear communication and consciousness contact with the predicate crime, it should be determined that the provider is a joint crime of the predicate fraud crime;

If the provider has no contact with the upstream crime, no division of labor, and only provides bank cards for criminal use, it should be the crime of helping information network criminal activities;

In the case that the principal offender has not been arrested or even identified, but there is sufficient evidence to prove that the upstream act constitutes a crime, and the perpetrator of this crime has carried out an act of help, and the meaning of the contact is uncertain or unclear, in this case, it should also be identified as the crime of helping information network criminal activities.

The second case:

If the victim's money does not directly enter the bank card provided by the perpetrator, but is transferred to the bank card provided by the perpetrator after other transfers, the provider acts after the predicate crime has been completed, and it should be the crime of concealing or concealing the proceeds of crime and the proceeds of crime.

The third case:

The bank card provided by the perpetrator was used both to commit the predicate offence and to transfer the stolen money.

In this case, the provider's bank card occurs and exerts its influence before the accomplishment, and the provider also transfers funds again or withholds cash offline according to the instructions of the upstream offender. The previous act of providing bank cards belongs to the crime of helping information network criminal activities, while the subsequent act of transferring funds again and withdrawing cash offline belongs to the crime of concealing and concealing the proceeds of crime and the proceeds of crime. The two acts are independent of each other, it should be punished in accordance with the crime of helping information network criminal activities and the crime of concealing or concealing the proceeds of crime and the proceeds of crime.

A few days ago, the author handled a crime of this kind. The client not only provided a bank card for criminal use, but also withdrew cash according to the instructions of others. The court found that it constituted the crime of helping information network criminal activities and concealing and concealing criminal proceeds. The crime of proceeds from crime was punished for both crimes and sentenced to two years in prison and a fine.

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