Cottage cash machine hiding in scenic spot
People are sitting at home, but money is stolen abroad.
Only after going to the scenic spot, the money in the bank cards of more than a dozen tourists including Mr. Zhang was stolen overseas because of an automatic teller machine (hereinafter referred to as ATM) in the scenic spot.
On November 9, the Leishan County Court of Guizhou Province issued a new judgment on the credit card fraud of the defendants Chen Peng and Wang Liang.
Privately clone ATM machines in Miao Village
At the beginning of 2019, Wang Liang, who accompanied his wife to give birth in Jiangkou County, Guizhou Province, received a message from his friend Chen Peng from abroad: He has a high-tech business that makes a profit without losing money. You can copy other people’s bank cards with just one ATM machine. Information withdrawal.
Chen Peng invited Wang Liang to work together, and Wang Liang, who was unemployed at home, readily agreed.
"I chose a famous tourist attraction, you first go to step on the spot and see how the passenger flow is..." One day in April 2019, Chen Peng arranged for Wang Liang to go to the Qianhu Miao Village in Xijiang, Leishan County.
Xijiang Qianhu Miao Village is located in Xijiang Town, Leishan County. It is a place that preserves the "primitive ecology" culture of the Miao nationality. It is connected by more than ten natural villages built on the mountain. It is the largest village inhabited by the Miao nationality in China and the world. Many tourists come here admiringly, the holidays are full of people.
Wang Liang stepped on Xijiang Street in the name of tourism, and finally chose a facade along the street with a lot of traffic and leased it.
At the end of April 2019, Chen Peng returned to Guizhou from abroad.
He bought the accessories for making ATM machines and the inkjet advertising cloth of a certain bank online in advance, and sent them to Leishan by logistics mail, and then directed the workers to decorate the leased street facades in accordance with the style of a bank's ATM machine outlets.
After the outlets were renovated, Chen Peng secretly observed for a few days, and found that no one had found any abnormalities, and no financial institutions had come to check, so he called Wang Liang to meet him at the Qianhu Miao Village Scenic Spot in Xijiang.
Chen Peng gave Wang Liang a mobile phone and a laptop, and asked Wang Liang to use this mobile phone to contact him, and taught Wang Liang to use a remote operation software called "Sunflower" on his computer.
Chen Peng then left Guizhou.
There is an extra camera on this ATM
On June 19, 2019, a tourist from Wuhan, Mr. Zhang and his friends came to Xijiang Qianhu Miao Village for a tour. Due to the failure of the online ticketing system of the scenic spot, they wanted to withdraw money at a bank ATM outlet on the street. After inserting the card and entering the password , Indicating that the machine was malfunctioning, Mr. Zhang took the card and left.
"Your bank card with the end number of 3113 was withdrawn 214,239.95 yuan..." On July 17, 2019, Mr. Zhang, who received the bank text message reminder, thought it was a fraudulent text message, and did not care.
However, when Mr. Zhang swiped his card to pay the next day, he found that the balance in the card was insufficient. After inquiring about the bank, he found that the money in his bank card had been stolen in 4 transactions abroad.
Mr. Zhang was puzzled. He felt that he did not use the bank card to make online purchases, nor did he click on an unknown link on his mobile phone. The password of the bank card was not revealed to anyone. Why did the money in the card disappear? Flew?
There were also more than a dozen tourists who had also traveled in Xijiang, and the amount involved amounted to more than 280,000 yuan.
All of them had withdrawn money from an ATM of a bank facing the street in Xijiang Scenic Area, but the ATMs all showed faults and there was no cash.
After receiving the report, the Leishan County Public Security Bureau quickly contacted the bank and retrieved the bank card insertion information, withdrawal information, and bank card usage records of a dozen victims including Mr. Zhang. It was discovered that Mr. Zhang et al. No one has a record of using the bank card.
The investigation found that the bank outlets were highly similar to normal bank outlets, regardless of the decoration style or the appearance and operation interface of the cash machine.
But this cash machine has one more hidden camera than ordinary cash machines.
After contacting a bank, the bank did not set up a branch here, and the police judged that it was a fake ATM.
But how could the money be taken away from abroad if it got stuck on the body?
It turned out that after a victim entered the bank card password according to the instructions of the forged ATM machine operation interface, Wang Liang, who stayed behind in Xijiang, collected and copied the bank card information through the "Sunflower" remote operation software, and then sent it to Chen Peng in Zhejiang. .
Chen Peng writes the illegally collected bank card information into the magnetic stripe media and then takes it to Indonesia, Cambodia and other countries, through "downgrade transactions" (referring to the case where the terminal has the ability to read IC cards, The IC chip composite card does not use the chip method for transactions, but uses the magnetic stripe for transactions) to withdraw the balance in the bank card.
Guide investigation, accurate accusation and zero confession
"I know Wang Liang, but I don't know about the ATM, so I will travel to Xijiang for a few days." On April 24, 2020, the case was transferred to the Leishan County Procuratorate for review and prosecution. The suspect Chen Peng had "zero confession". ".
Upon review, the undertaking prosecutor believed that the case was a cross-regional and cross-border crime committed by technical means, with a novel form of crime and a concealed and professional approach.
In order to achieve a precise attack on the case, the undertaking prosecutor guided the investigative agency to collect and fix evidence from the time and space of the crime around Chen Peng’s communication activity track, entry and exit records, and victim withdrawal information, and through a large amount of information comparison, The trajectory of the criminal suspect's communication activities, entry and exit records, and the victim's withdrawal time were highly consistent, and Chen Peng's defense was self-defeating in the face of the evidence.
On December 24 of the same year, the Leishan County Procuratorate filed a public prosecution. The court sentenced the defendant Chen Peng to credit card fraud and sentenced him to six years in prison and fined 100,000 yuan; Wang Liang was guilty of credit card fraud and sentenced to two years in prison. Month, and a fine of 50,000 yuan.
After the judgment of the first instance was made, Chen Peng filed an appeal on the grounds that his actions did not constitute a crime.
On April 2 this year, after review by the Qiandongnan Prefecture Intermediate Court, it found that some of the facts of the case were unclear and the evidence was insufficient, and ruled that the case should be remanded for retrial.
During the retrial, the investigative agency again added the electronic data that Wang Liang sent the copied bank card information to Chen Peng during the fraud by Chen Peng and others during Leishan's fraud, and verified that Wang Liang did not truthfully confess part of the crime in the first instance. fact.
Faced with the evidence presented by the procuratorial organ, Chen Peng admitted to the criminal act and was willing to plead guilty and punished. Wang Liang also had no objection to the criminal act that he had not truthfully confessed before.
On November 9, considering that Chen Peng was willing to plead guilty and plead guilty, the court sentenced him to five years and ten months in prison for credit card fraud and fined him 100,000 yuan. In view of Wang Liang’s concealment of the circumstances of his crime in the previous trial, the court He was sentenced to three years in prison for credit card fraud and a fine of 50,000 yuan.
At the same time, in the process of handling the case, the Leishan County Procuratorate discovered that the bank had financial regulatory loopholes and hidden risks in the management of ATM outlets, in order to extend the effectiveness of the case, further defuse financial risks, and protect the people’s "pocket". Security. Based on multiple rounds of discussions with financial institutions, procuratorial recommendations were issued to eight banks including the Agricultural Bank of China and China Construction Bank by way of public announcement and on-site service. Information disclosure and daily supervision of the company, and post network information in crowded spots such as scenic spots, and push safe financial information to depositors from time to time to stop leaks and prevent leakage.
(Report from Leishan, November 9th)