The "routine loan" gangster organization was finally destroyed, causing more than 20 young victims to commit suicide, self-mutilation, depression, drop out of school...

　　Chinanews.com, December 30. According to news from the official account of the "Supreme People's Procuratorate" on December 30, recently, the Supreme People's Procuratorate released four typical cases of legally punishing cyber crimes. These typical cases focus on common cases in current judicial practice. , frequently-occurring situations, involving the Internet "routine loan" with strong public response and a wide range of victim groups, Internet public opinion extortion, Internet naked chat extortion, Internet "soft violence" collection and other key information network crime fields, which are relatively representative and typical.

　　These include "the case of Tang Moujia and others organizing, leading, and participating in a triad-like organization."

　　The facts of the case show that since September 2017, the defendant Tang Moujia successively invited the defendants Wang Moubai, Deng Moulong, and Tang Mouyi to register and establish six companies including Nanchang Chizhidun Information Technology Co., Ltd. Department, risk control department, loan back department and other departments rely on the form of a company to operate, use the information network, and use 7 App platforms such as "All you spend" and "100 points" to take the form of cash loans or false purchases and repurchases, and sign false contracts. Contracts, maliciously reducing the actual loan amount in the name of deducting service fees, security deposits, and intermediary fees, maliciously increasing liquidated damages, etc., to carry out online "routine loan" criminal activities to college students and groups within three years of college graduation.

The organization uses "soft violence" methods such as sending obscene pictures, insulting and threatening text messages stitched together with the victim's profile picture, as well as phone nuisance and text message bombing, to harass the victim who cannot repay the loan on time, as well as his parents, relatives, friends, colleagues, and classmates. Putting pressure on and asking for "debts", gradually formed a system with Tang A as the organization and leader, Wang Moubai, Deng Moulong, Tang Mouyi and others as active participants, and Tu Mouyu and others as general participants. A triad-like organization with fixed backbone members.

　　The organization has a large number of people and a clear hierarchy. It has disciplinary regulations different from ordinary companies. For example, it is forbidden to communicate with each other between departments; it is forbidden to disclose their work content and company address; Employees whose income is less than 3,000 yuan are not allowed to eat; they are not allowed to lend money to children of public prosecutors, law enforcement, and military and police academies.

The organization has been committing crimes such as fraud, extortion, and infringement of citizens' personal information throughout the country for a long time through the information network.

The organization has issued more than 80 million yuan in loans, received more than 150 million yuan, and obtained more than 70 million yuan in illegal income. The illegal income is used to support the operation of the organization, and distribute salaries and commissions to members of the organization. Tang Moujia and others will share the spoils in proportion.

The organization's "soft violence" collected more than 10,000 bills in total, causing more than 20 young victims including Chen Moumou and Li Moumou to commit suicide, self-mutilation, depression, and drop out of school. Life, affecting the safety and stability of the victim's campus, causing a major impact in cyberspace and the real society, seriously disrupting the order of economic and social life.

　　In the process of committing the crime, the defendants Pan Mouyong, He Mou, and Peng Mouxuan of the Ministry of Technology, under the instruction of the defendant Tang Moujia and others, successively developed the "100 Points" app based on the "Ren You Hua" App. 52 shopping”, “365 wallet”, “91 shopping”, “88 mall” and “9 shop” are used for online loans, and a subroutine with the function of stealing citizens’ personal information is implanted in the app. During the loan process, the subroutine illegally obtained personal information of citizens such as call records and address book contents in the victim's mobile phone.

According to statistics, the organization illegally obtained more than 3.7 million pieces of citizens' personal information.

　　The case was brought to the Leshan City Public Security Bureau of Sichuan Province due to the victim's complaint, and the case was filed and investigated by the Bureau.

On March 28, 2019, the Leshan City Public Security Bureau of Sichuan Province transferred the case to the Leshan City People's Procuratorate for review and prosecution; on May 9, 2019, the Leshan City People's Procuratorate designated the Jiajiang County People's Procuratorate to handle the case; on November 21, 2019 On August 31, the People's Procuratorate of Jiajiang County filed a public prosecution with the People's Court of Jiajiang County; after a trial, on August 31, 2020, the People's Court of Jiajiang County made a first-instance verdict for organizing and leading a gangster organization, fraud, and extortion. crime, crime of infringing on citizens' personal information, multiple crimes, sentenced to 25 years in prison, deprived of political rights for 3 years, and confiscated all personal property; the other defendants were sentenced to 20 years for their participation Fixed-term imprisonment ranging from one to six years and the corresponding property penalty.

After the verdict was pronounced, some defendants appealed.

On November 30, 2020, the Leshan Intermediate People's Court ruled to reject the appeal and uphold the original judgment.

　　The Supreme People's Procuratorate stated that with the development of mobile Internet technology and the popularization of smart phones, illegal and criminal activities such as illegal lending traditionally carried out offline have been transferred online.

Compared with offline "routine loans", although there is a lack of physical contact between people, the crime of "routine loans" carried out by using the information network has stronger penetration, wider spread, more victims, more targeted, and illegal The gains are even greater.

Criminal suspects use the illegally stolen citizen information to collect debts by using various "soft violence" in the process of asking for "debts". The methods and circumstances are bad, and they are prone to more serious consequences.

For such cases, it is necessary to carefully judge whether there is an illegal possession purpose based on the specific means, circumstances and consequences of the loan, and then determine whether it is a "routine loan" crime or a private loan or usury.

　　For criminal organizations that use "soft violence" as the main method to commit crimes in an organized manner on the Internet, the number of illegal and criminal activities, time span, scope of influence, targets, nature, consequences, number of victims, and causes of crimes must be considered. According to the comprehensive judgment of factors such as the social influence of the society and whether the public's sense of security has declined, the online "routine loan" behavior mainly targeting vulnerable groups such as school students or fresh graduates, if the circumstances are bad and cause serious consequences, should be severely punished in accordance with the law; If the constituent elements of a heinous crime are met, it shall be determined as a criminal organization crime involving gangsters and criminals in accordance with the law.

(China New Finance and Economics)