China News Service, February 7. According to the WeChat official account of the Supreme People's Court, in order to give full play to the warning, education, and guidance functions of typical cases, the Supreme People's Court announced on the 7th 8 cases of cross-border telecommunications network fraud and their connections that have recently been concluded by the People's Court. Typical case of crime. These cases demonstrate the People's Court's stance of being people-centered and resolutely safeguarding the vital interests of the people, and send a strong signal of severe punishment in accordance with the law.
The first is to insist on severe punishment according to law. This time, the defendants Xie Hao and Chen Wang committed fraud and illegally crossed the border, and the defendant Lin concealed and concealed the proceeds of crime. The defendants Zeng, Zhonghua, Wang and other 67 people committed fraud, Cases such as smuggling across the national (border) border and assisting information network criminal activities were determined to be crimes committed by a cross-border telecommunications network fraud group. The ringleaders and key members of the criminal group, as well as criminals who provided payment and settlement assistance and transfer of stolen money services to the group, were , resolutely crack down on them in accordance with the law.
The second is to insist on attacking the entire chain. The case of the defendant Pan Moujie who organized others to cross the border illegally and the case of the defendant Pan Moujie and three others infringing on citizens' personal information were released this time. The defendant may have organized and recruited people to smuggle people out of the country for overseas criminal groups, or sold them on a large scale Citizens’ personal information provides conditions for telecommunications and network fraud crimes. Through the entire chain of crackdowns, the channel for “blood transfusion and food supply” to overseas fraud groups has been effectively cut off.
The third is to insist on paying equal attention to case handling and warning education and publicity. The case of defendants Lin Cheng and Jiang Moujian who crossed the border illegally and the defendant Gao Mou’s fraud case released this time were all about the defendants being lured out of the country by “high salary” and then trapped in overseas criminal dens, and their personal freedoms were restricted. , beatings, and trafficking. The People's Court specifically reminded the general public to be highly vigilant and effectively identify false information such as overseas "high-paying" recruitment, so as to avoid falling into illegal and criminal traps and endangering the safety of life and property.
In the next step, the People's Court will insist on performing its duties in accordance with the law, proactively mobilize the judiciary, continuously improve the quality and effectiveness of cracking down on telecommunications network fraud and related crimes, and effectively safeguard the safety of people's lives, property and vital interests.
Cross-border telecommunications network fraud and related crimes
Typical Case
Table of contents
1. The case of defendants Xie Hao and Chen Wang committing fraud and illegally crossing the border, and defendant Lin covering up and concealing criminal proceeds.
2. The defendant defrauded 24 people in a certain star class, organized others to cross the national (border) border illegally, and illegally crossed the national (border) border.
3. The case of 67 defendants including Zeng, Zhonghua, and Wang committing fraud, smuggling across national borders, assisting information network criminal activities, covering up and concealing criminal proceeds, and inducing others to take drugs.
4. Defendant Gao’s fraud case
5. The case of the defendant Yang Shi’s fraud and the defendant Wei’s cover-up and concealment of criminal proceeds
6. The case of the defendant Pan Moujie organizing others to cross the border illegally
7. The case of the defendants Lin Moucheng and Jiang Mojian illegally crossing the national border (border)
8. The case of infringement of citizens’ personal information by three persons including the defendant Pan Mouping
Case number one
The case of the defendants Xie Hao and Chen Wang committing fraud and illegally crossing the border, and the defendant Lin covering up and concealing the proceeds of crime
1. Basic facts of the case
From July 2017 to May 2019, the defendants Xie Mouhao and Chen Mouwang violated national (border) management regulations many times and smuggled people back and forth at the junction of Yunnan Province in my country and the Wa State in Myanmar. Since June 2018, a criminal group headed by Xie Mouhao and Chen Mouwang has been entrenched in northern Myanmar for a long time, and has gathered a large number of people from the country to carry out transnational telecommunications network fraud crimes. Among them, Xie Mouhao is responsible for personnel transportation, business training, coordination of local relations, etc.; Chen Mouwang, as the department head, is responsible for personnel management, account verification, etc.; others are responsible for personnel recruitment. After adding the victim as a friend using online chat software, members of the criminal group lured the victim to gamble on platforms such as "TNT International Entertainment", "Dingji International" and "Hongxi International", and then used back-end manipulation to first let the victim obtain his penis. For small profits, after the victim increases recharge and bets, the victim's funds will be transferred to a bank account controlled by the criminal group. From June 2018 to December 2018 and from February 2019 to May 2019, Xie Mouhao defrauded a total amount of more than 10.51 million yuan, and Chen Mouwang defrauded a total amount of more than 9.97 million yuan.
During 2018, the defendant Lin knew clearly that the funds handled by the defendant Xie Mouhao were proceeds of crime, but still used multiple bank cards of others to help Xie Mouhao transfer money several times, transferring a total of more than 9.07 million yuan in fraudulent funds.
2. Referee results
This case passed the first instance of the Wannian County People's Court of Jiangxi Province and the second instance of the Shangrao Intermediate People's Court of Jiangxi Province, and has now become legally effective.
The court held that the defendants Xie Mouhao and Chen Mouwang repeatedly violated national (border) management regulations and illegally crossed the national (border) border. The circumstances were serious, and their actions constituted the crime of illegally crossing the national (border) border. Xie Mouhao and Chen Mouwang collaborated with others to organize a telecommunications network fraud group in Myanmar for the purpose of illegal possession and defrauded others of extremely huge amounts of property. Their actions constituted the crime of fraud and should be punished for several crimes in accordance with the law. Xie Mouhao and Chen Mouwang were the principal culprits in the joint crime. In summary, the defendant Xie Mouhao was sentenced to 15 years in prison and fined RMB 530,000 for the crime of fraud and illegal border crossing. The defendant Chen Mouwang was also sentenced to 15 years in prison. He was sentenced to 13 years in prison and fined RMB 320,000 for fraud and border crossing illegally. The defendant Lin knowingly transferred the proceeds of crime and the circumstances were serious. He was sentenced to six years in prison and fined RMB 100,000 for concealing and concealing the proceeds of crime.
3. Typical meaning
In recent years, in order to evade domestic crackdowns and obtain illegal profits, some criminals have moved their fraud dens overseas. A considerable number of people have crossed the border secretly and established criminal groups or formed criminal gangs in northern Myanmar and other places to carry out telecommunications network attacks on residents within the country. Fraud crimes. Such criminal groups and gangs are often well-organized and hierarchical, with a clear division of labor among members. From personnel recruitment, transportation, "talking skills", business training, to fund management, transfer, etc., there are dedicated personnel who are responsible for the division of labor and cooperation. Crime and serious harm to the interests of the people. The People's Court insists on "punching hard" and "hitting hard", severely punishing cross-border telecommunications network fraud crimes and related and derivative crimes in accordance with the law, increasing the application of property penalties, focusing on recovering stolen goods and reversing losses, and doing its best to provide services to the defrauded people. Recover economic losses.
This case is a typical case of organized and large-scale smuggling abroad to commit cross-border telecommunications network fraud, with domestic personnel cooperating in the crime. The defendants Xie Mouhao and Chen Mouwang illegally smuggled abroad to establish a fraud group and recruited people from within the country to commit crimes. They defrauded a large number of people and the amount of money involved was extremely huge. Both of them were the ringleaders of the criminal group. The People's Court in accordance with the law punished Xie Mouhao and Chen Mouwang for several crimes of illegally crossing the border (border) and fraud, and imposed corresponding fines; at the same time, it made every effort to recover the stolen goods and recover the losses, and continued to recover the funds involved in the fraud. The verified defrauded people were refunded more than 3.23 million yuan, which restored the economic losses of the defrauded people to the greatest extent and achieved the organic unity of political, legal and social effects.
Case 2
The defendant defrauded 24 people from a certain star, organized others to sneak across the national (border) border, and illegally crossed the national (border) border
1. Basic facts of the case
From June 18, 2019 to April 2, 2020, in order to obtain illegal benefits, the defendant Xiang Xing repeatedly ganged up with the defendants Su Hua, Wang Nan, Li Mouwei and others or organized others to travel from Yunnan Province Ruili City and other places secretly crossed the border to Muse, Myanmar, forming a telecommunications network fraud criminal group with Xiang Xing as the leader and Su Huahua, Wang Mounan, Li Mouwei and others as the backbone members. Members of this fraud group often publish false messages such as "recharge betting" and "Taobao brushing orders" to make money in dedicated QQ groups, luring victims to invest in fraudulent websites such as "Asia Pacific Finance" and "Ping An Finance", and then modify the website's background data, etc. The method causes the victim to lose funds or account abnormality, and then deceives the victim to continue transferring money on the grounds that the account can only be unblocked by continuing to recharge or the cash can be withdrawn only by paying a commission, thus committing fraud to the victim. Afterwards, Xiang Xing transferred the fraudulent money to other people's bank accounts through the money laundering team. After investigation, the fraud group defrauded a total amount of more than 3.09 million yuan.
2. Referee results
This case was tried in the first instance by the Intermediate People's Court of Dehong Dai and Jingpo Autonomous Prefecture in Yunnan Province and in the second instance by the Higher People's Court of Yunnan Province, and has now become legally effective.
The court held that the defendant violated the national (border) management regulations to 24 people in a certain star, and illegally crossed the national (border) border multiple times or in groups of three or more people. The circumstances were serious and his behavior constituted the crime of illegally crossing the national (border) border. ; Xiang Xing and others carried out telecommunications network fraud overseas for the purpose of illegal possession, defrauding an unspecified number of people of property, and the amount was extremely huge. His behavior constituted the crime of fraud; during this period, Xiang Xing, Wang Mounan and others also Organizing others to illegally cross the national (border) border multiple times has constituted the crime of organizing others to illegally cross the national (border) border, and shall be punished for multiple crimes in accordance with the law. Among them, the defendant punished the leader of a certain galaxy criminal group for all the crimes committed by the group, including fraud, illegally crossing the national (border) border, and organizing others to illegally cross the national (border) border. He was sentenced to 16 years in prison and fined RMB 335,000. The defendants Su Mouhua and Li Mouwei are the principal criminals and shall be punished according to all the crimes they participated in, organized or directed, including the crime of illegally crossing the national (border) border, the crime of organizing others to illegally cross the national (border) border, and the crime of fraud. Both were sentenced to fixed-term imprisonment ranging from ten years and six months to seven years and six months, and fines ranging from RMB 225,000 to RMB 125,000.
3. Typical meaning
Currently, cross-border telecommunications network fraud crimes are rampant. In order to maintain the efficient operation of fraud groups and obtain more illegal benefits, some fraud groups continue to organize, recruit, lure, and introduce others from within the country through "high salary" temptations and other methods to sneak across the country (border). It provides manpower for overseas criminal groups and defrauds domestic residents, seriously endangering national security, social stability and the safety of people's lives and property. These behaviors not only violate the criminal law, but also violate the Entry and Exit Administration Law, the Public Security Administration Punishment Law, the Anti-Telecommunications and Internet Fraud Law and other laws, and must be cracked down in accordance with the law.
This case is a typical case of organizing others to smuggle out of the country to join a telecommunications network fraud criminal group, and then commit fraud on domestic residents. The "criminal chain" headed by the defendant Xiang Xing has been completed. Based on the crimes committed by each defendant and his status and role in the criminal group, the People's Court accurately identified the defendant Xiang Xing as the ringleader in accordance with the law, and punished him according to all the crimes committed by the group; it determined that the defendant Su Mouhua , Li Mouwei is the principal criminal, and the organizers, planners, commanders and key elements of cross-border telecommunications network fraud crimes shall be severely punished in accordance with the law according to the punishment for all crimes he participated in, organized or directed, sending a strong signal of severe punishment, And by increasing the severity of fines and penalties, we will further deprive criminals of their ability to re-offend.
Case three
A case involving 67 defendants including Zeng, Zhonghua, and Wang committing fraud, smuggling across borders, assisting information network criminal activities, covering up and concealing criminal proceeds, and inducing others to take drugs.
1. Basic facts of the case
In February 2019, the defendants Zeng and Zhong Hua illegally crossed the border from Yunnan Province to Myanmar, and then established the "Caishen International" group in Mengbo, Myanmar, and recruited a large number of people from China to engage in telecommunications network fraud crimes. Starting from March of the same year, 54 people including the defendants Wang and Gao Li secretly crossed the border to Mengbo, Myanmar, alone or in groups, to join the "Fortune International" and serve as key members of the criminal group. Members of "God of Wealth" pretended to be "Gao Fushuai" and other false identities and added domestic residents as friends through social software, gradually defrauding victims of trust by chatting about relationships, falling in love, etc., tricking victims into recharging and betting on fake gambling platforms, and then modifying data through the backend for manipulation. The lottery results were used to transfer the victim's top-up funds to the bank account controlled by "Cai Shen International" to defraud the victim.
Defendants Fang, Peng and others knew clearly that "Cai Shen International" established by Zeng used information networks to commit fraud crimes, but still provided capital accounts for the group and helped transfer criminal proceeds; defendants Ye Zhen, Tang Moubo and others knew that Others used information networks to commit crimes, but still produced and sold malicious programs as required to provide technical support for the crime; the defendant Guo Mougen and others knew clearly that the proceeds were from telecommunications network fraud crimes, but still provided bank cards for transfer to cover up and conceal; the defendant While Su Mouzheng was participating in the "God of Wealth International" fraud criminal group, he also induced others to take drugs.
From April 2019 to October 2020, the "Fortune International" fraud criminal group defrauded a total of 196 victims, with a total amount of more than RMB 27.96 million.
2. Referee results
This case passed the first instance of the People's Court of Xiji County, Ningxia Hui Autonomous Region, and the second instance of the Intermediate People's Court of Guyuan City, Ningxia Hui Autonomous Region, and has now become legally effective.
The court held that the defendants Zeng, Zhong, Wang and others used fictitious facts for the purpose of illegal possession, and used telecommunications network technology to defraud an unspecified number of people's property overseas. The amount was particularly huge, and their behavior had already Constitutes the crime of fraud; violates national (border) border management regulations and crosses the national (border) border illegally. The circumstances are serious. His behavior has constituted the crime of illegally crossing the national (border) border and shall be punished for several crimes in accordance with the law. Among them, the defendant Zeng was the leading member of a certain department who organized and led a criminal group. He was sentenced to fifteen years and six months in prison for fraud and illegally crossing the border, and was sentenced to confiscation of all personal property. ; The defendants Zhong Mouhua, Wang Mou and others were the principal culprits in the joint crime. They were punished for fraud and illegally crossing the national (border) border. They were respectively decided to execute fixed-term imprisonment ranging from 12 years to one year, and were punished. Gold prices range from RMB 510,000 to RMB 25,000. The defendants Fang, Peng and others constituted a joint crime with the upstream fraud crime and were accessories. They were sentenced to fixed-term imprisonment ranging from eight to six months for the crime of fraud and fined from RMB 300,000 to RMB 20,000. . Defendants Ye Mouzhen, Tang Moubo and others knew that others were using information networks to commit crimes, but still provided technical support to them. The circumstances were serious, and they were sentenced to fixed-term imprisonment ranging from three years to one year and six months for the crime of assisting information network criminal activities. , and fines ranging from RMB 100,000 to RMB 20,000. Defendant Guo Mougen and others knew clearly that they were proceeds from the crime of telecommunications network fraud, but they still covered up and concealed them. For concealing and concealing the proceeds of crime, they were sentenced to fixed-term imprisonment ranging from three years to one year, and fined from RMB 100,000 to RMB 20,000. Yuan does not vary. The defendant Su Mouzheng also induced others to take drugs while participating in a fraud criminal group. He should be punished for several crimes in accordance with the law. He was sentenced to ten years in prison for fraud, illegally crossing the border, and luring others to take drugs, and was fined RMB Three hundred and twenty thousand yuan.
3. Typical meaning
Overseas telecom network fraud criminal groups recruit people on a large scale, either go abroad to commit crimes in fraud dens, or provide assistance for overseas fraud crimes within the country, gradually forming a complete black and gray industrial chain, and the social harm is very serious. In view of this, the People's Court will focus on the organizers, leaders, ringleaders and domestic collaborators of cross-border fraud criminal groups, resolutely impose severe penalties in accordance with the law, and accurately determine the status and role of the criminal group members in the entire criminal chain. Distinguish between the crime of joint fraud, the crime of assisting information network criminal activities, and the crime of covering up, concealing criminal proceeds, criminal proceeds, etc., and accurately crack down on them and punish them accordingly.
This case is a typical case of setting up a fraud criminal group overseas and recruiting domestic personnel to go abroad to commit fraud and criminal activities. The People's Court determined in accordance with the law that the defendant Zeng was the ringleader of the criminal group and was severely punished; based on factors such as the degree of subjective awareness and the role he played in the criminal chain, the people's court accurately identified the defendant Fang and others as accomplices in the crime of fraud, and the defendant Ye Zhen and others constituted the crime of assisting information network criminal activities, and the defendant Guo Mougen and others constituted the crime of covering up and concealing criminal proceeds, and were sentenced to corresponding penalties respectively, achieving a comprehensive and precise attack on the criminal chain.
Case 4
Defendant Gao Mou fraud case
1. Basic facts of the case
In February 2021, the defendant Gao was lured by the "high salary" and smuggled to Myanmar to join a telecommunications network fraud criminal group. The fraud group has a clear hierarchy and is divided into several teams. Each team has different levels such as team leader, director, manager, team leader, salesperson, etc., and sets a specific fraud target amount. For businesses that do not obey management or fail to complete the target amount, Members shall be punished through fines, corporal punishment, beatings, etc. After Gao joined the fraud group, according to the arrangement of his superiors, he used other people's identities to create a "high-end" persona, used karaoke entertainment software to find women as fraud targets, induced the victims to chat on social software, and used internal "talking skills" to cultivate with the other party. emotion. After gaining the victim's trust, in the name of investment, the victim is induced to recharge and invest on the APP platform controlled by the fraud group, and then the victim is lured to continue to recharge on the pretext of paying taxes and deposits. After investigation, it was found that Gao defrauded a total amount of more than 170,000 US dollars during his participation in the fraud group. After that, Gao tried to escape from the criminal group, but failed and was captured and beaten. After that, he contacted his family in China and paid a high "ransom" to the fraud group before returning to the country.
On August 31, 2021, after receiving a call from the public security agency, the defendant Gao took the initiative to surrender to the public security agency and truthfully confessed the above criminal facts. At the same time, he also testified that the fraud group controlled the group members through forced "team building", drug abuse and other means, and required that business commissions could only be used for consumption in the telecommunications fraud park and were not allowed to be mailed back to the country.
2. Referee results
This case was heard by the People's Court of Suining County, Jiangsu Province and has now taken legal effect.
The court held that the defendant Gao defrauded others of their property for the purpose of illegal possession, and the amount was particularly huge, and his behavior constituted the crime of fraud. Gao was an accessory in a joint crime and had the circumstances to surrender, plead guilty and accept punishment. It was decided to sentence Gao to four years and three months in prison for fraud and a fine of RMB 15,000. At the same time, his criminal proceeds were recovered in accordance with the law and compensation was paid to the victim. .
3. Typical meaning
Overseas fraud criminal groups often use false recruitment information such as so-called "high wages, low thresholds, and flexible working hours" to lure domestic personnel to illegally smuggle overseas to "dig for gold." After the perpetrators arrive at overseas crime dens, they voluntarily or are forced to engage in telecommunications network fraud activities. Not only do they violate the law, but their own life and property safety is also seriously threatened, ultimately harming others and themselves.
This case is a typical case of people who were tempted by "high salary" to smuggle overseas to join a telecommunications fraud group. The defendant Gao knew that he smuggled to Myanmar to engage in illegal and criminal activities, but he still actively went to overseas fraud dens to engage in "pig-killing plate" fraud. When he wanted to escape and return to the country, his personal freedom was restricted and beaten, and he was not allowed to return until he paid a high "ransom". The People's Court determined that Gao constituted a crime of fraud based on the specific circumstances of his participation in the fraud, and gave him a lenient punishment after comprehensive consideration of his status as an accessory, surrender, confession and punishment, and "no tolerance" and "no mercy" to cross-border telecommunications network fraud crimes. "At the same time, fully implement the criminal policy of combining leniency with severity to ensure that the crime and punishment are suitable.
Case five
The case of defendant Yang Moushi committing fraud and defendant Wei Mou covering up and concealing criminal proceeds
1. Basic facts of the case
From September 2019 to February 2020, the defendant Yang Shi knew that Li Moudong and "Bing" (handled in a separate case) had committed telecommunications network fraud, but still sold more than 5 million pieces of citizens' personal information illegally obtained to them , making an illegal profit of more than 3.3 million yuan. On February 25, 2020, Li Moudong was captured by the public security organs, and Yang Moushi began to sell citizens’ personal information directly to overseas telecommunications network fraud groups. After investigation, from February 25, 2020 to the incident of the case, the overseas telecommunications network fraud gang Wang, the "Old Money" telecommunications network fraud gang, and the "Cheng Ge" telecommunications network fraud gang used citizens' personal information provided by Yang Moushi to commit fraud441 Since then, the cumulative amount of fraud has reached more than RMB 11.88 million.
Since January 2020, the defendant Wei was instructed by the defendant Yang Moushi to repeatedly use other people's bank cards to withdraw Yang's proceeds from the crime of selling citizens' personal information (more than RMB 8.97 million) in cash and then handed it over to Yang Moushi.
2. Referee results
This case was heard by the Intermediate People’s Court of Dehong Dai and Jingpo Autonomous Prefecture in Yunnan Province and has now become legally effective.
The court held that the defendant Yang Moushi illegally obtained and sold citizens' personal information to others despite knowing that others were committing telecom network fraud crimes, and was used by overseas telecom network fraud groups to commit fraud crimes. The amount of fraud was particularly huge, and his behavior should be treated as a joint crime. According to the punishment, it was decided to be sentenced to ten years and six months in prison for fraud and fined RMB 300,000. The defendant Wei knew clearly that the funds were the proceeds of crime of others, but still helped to withdraw cash and transfer it. The circumstances were serious. He was sentenced to three years and six months in prison for concealing and concealing the proceeds of crime and was fined RMB 50,000.
3. Typical meaning
Telecommunications network fraud crimes continue to occur frequently, giving rise to a series of black and gray industries. Many criminals use various methods to "transfuse blood and feed" fraud crimes. Knowing that others are committing telecommunications and network fraud crimes, still selling or providing illegally obtained personal information such as citizen ID numbers and mobile phone numbers to others to provide "fraud clues" for downstream fraud activities, or selling or providing illegally obtained social software registration information of others Such use as "fraud tools" by downstream fraud crimes not only violates the security of citizens' personal information, but also seriously infringes on the safety of people's lives and property, and must be severely punished in accordance with the law.
This case is a typical case of knowing that others are committing telecommunications network fraud, but still illegally obtaining and selling a large amount of citizens' personal information, constituting an accomplice in the crime of fraud. The defendant Yang Moushi illegally obtained a large amount of citizens' personal information and sold it to domestic and foreign telecommunications network fraud criminal groups or gangs. The sold information was used to commit fraud crimes. The amount of fraud was particularly huge and the amount of illegal profits was huge. The People's Court comprehensively considered Yang Moushi's subjective knowledge of the downstream fraud crime, the number and means of his actions, his profit situation, and the degree of social harm caused by his actions, etc., and determined that he constituted an accomplice in the crime of fraud in accordance with the law, and he was severely punished.
Case 6
Defendant Pan Moujie organized others
Case of illegally crossing the border
1. Basic facts of the case
In February 2021, the defendant Pan Moujie invited fellow villagers Pan Mouxu, Pan Moude, Zhang Mouyang (all sentenced) and others to go to Myanmar to work illegally on the grounds that there were "high-paying" job opportunities in Myanmar. After the three agreed, Pan Moujie discussed the route, transportation, accommodation, connections and other matters with the personnel of the "opposite company". In March of the same year, personnel from the "opposite company" successively transferred a total of approximately RMB 15,000 to Pan Moujie, who was responsible for arranging the itinerary of outbound personnel. Afterwards, Pan Moujie led Pan Mouxu and three others from Hukou County, Jiangxi Province, to Mangshi, Yunnan Province. Personnel from the "opposite company" met with Pan Moujie in Mangshi, and then led four people to smuggle into Myanmar and were sent to a telecommunications network fraud den. While in the crime den, Pan Moujie and four others were restricted in personal freedom and coerced into participating in telecommunications network fraud crimes. In July of the same year, the four people were able to escape after paying a ransom. Among them, Pan Moujie himself paid a ransom of RMB 150,000. After that, Pan Mouxu and three other people immediately returned to the country. Pan Moujie stayed in Myanmar, and later entered the country from the Kokang Qingshui River Port in Myanmar in April 2023 and voluntarily surrendered to the public security organ. After arriving at the case, he truthfully confessed the facts of the crime.
2. Referee results
This case was heard by the People's Court of Hukou County, Jiangxi Province and has now become legally effective.
The court held that the defendant Pan Moujie violated the national (border) management regulations and illegally organized three people to illegally cross the national (border) border. His behavior constituted the crime of organizing others to illegally cross the national (border) border. Although Pan Moujie surrendered and voluntarily pleaded guilty and accepted punishment, he was once administratively punished for illegally crossing the national border. Within one year, he organized others to illegally cross the national border again. According to the law, probation was not applicable for organizing others to illegally cross the national border. For the crime of crossing the border (border), he was sentenced to one year and one month in prison and fined RMB 5,000.
3. Typical meaning
In recent years, a large number of telecommunications network fraud gangs or criminal groups have been entrenched overseas for a long time. The reason why these criminal dens have been repeatedly attacked and banned is inseparable from the continuous supply of "fresh blood" by domestic and overseas "snakehead" gangs. "Snakehead" gangs often use "high salary" as an excuse to recruit, deceive, and organize others to illegally smuggle people to overseas fraud and criminal dens through acquaintance introductions, software chats, etc. After the fraud criminal group took over, they used methods such as controlling personal freedom to force the smugglers to engage in criminal activities such as telecommunications network fraud.
This case is a typical case of being lured by an overseas criminal group, organizing and recruiting domestic personnel to smuggle out of the country, and then being forced to commit telecommunications and network fraud crimes. Under the inducement and command of an overseas criminal group, the defendant Pan Moujie organized villagers from the same village to smuggle out of the country to illegally "work". Not only did his "gold mining" dreams end, he also fell into the trap of a fraud criminal group, seriously threatening the safety of his own life and property and that of others. The People's Court determined in accordance with the law that Pan Moujie committed the crime of organizing others to illegally cross the national (border) border, and comprehensively considered his "repeated offenders" and other circumstances, decided not to apply a suspended sentence to him, and strictly cracked down on derivative crimes of telecommunications network fraud. Resolutely eradicate the relevant "human supply chain". At the same time, it also educates and reminds the general public to consciously enhance their awareness of prevention and not to believe in the "overseas high salary" scam. Once they are caught in an overseas fraud den, they will pay a heavy price.
Case 7
Defendants Lin Moucheng and Jiang Moujian secretly crossed the border (border) case
1. Basic facts of the case
In October 2020, the defendants Lin Moucheng and Jiang Mojian knew that they were going to Myanmar to engage in illegal and criminal activities, but they still decided to smuggle to Myanmar under the inducement of "high salary" from others. After the two arrived in Kunming City, Yunnan Province, they were introduced and arranged, and under the leadership of the "snakehead", they took a bus from Kunming City to the border area of China and Myanmar, and then climbed mountains into Myanmar on foot. The relevant journey expenses were paid by Jiang Moujian in advance. After arriving in Myanmar, the two were placed as lookouts in a casino in Mengbo County, Wa State region, and were later trafficked to a telecommunications network fraud den for fraud business training. Lin Moucheng was able to leave the fraud den after paying a ransom of RMB 20,000. On November 8 of the same year, he illegally entered the country in a rubber boat from the boundary river of Bangkang City, Wa State. On June 3, 2021, Jiang entered the country through the Meng'a Channel at Menglian Port in Yunnan Province.
2. Referee results
This case was heard by the People's Court of Fuqing City, Fujian Province and has now become legally effective.
The court held that the defendants Lin Moucheng and Jiang Mojian violated the national (border) management regulations and illegally crossed the national (border) border. The circumstances were serious, and their actions constituted the crime of illegally crossing the national (border) border. Lin Moucheng and Jiang Mojian voluntarily surrendered, and after being brought to justice, they voluntarily confessed and accepted punishment. Jiang Mojian voluntarily paid the fine in advance. In summary, the defendant Lin Moucheng was sentenced to four months' detention for the crime of illegally crossing the national border and a fine of RMB 5,000. He was also fined for the crime of dangerous driving. It was decided to implement six months' detention and a fine of RMB 5,000. The defendant Jiang Moujian was sentenced to five months' detention, suspended for ten months, and fined RMB 5,000 for the crime of illegally crossing the border.
3. Typical meaning
Fraud criminal groups entrenched in Myanmar and other places often lure domestic people to leave the country to "make big money easily" through false "high salary" recruitment or relatives and friends "showing up to talk about wealth". In order to obtain high income, some people, knowingly going abroad to engage in illegal and criminal activities such as telecommunications and network fraud, still take risks and voluntarily follow "snakeheads" across mountains and seas to go abroad. After arriving abroad, they could no longer make money but their personal freedom was controlled. It was not until a large ransom was paid that they could escape and return to the country. Because his behavior violates relevant laws and regulations of our country, he will also receive corresponding legal sanctions.
This case is a typical case of people voluntarily smuggling abroad to participate in telecommunications network fraud and other illegal crimes in order to obtain "high salary" rewards. In order to make money, the defendants Lin Moucheng and Jiang Mojian knew they were leaving the country to engage in illegal and criminal activities such as telecommunications network fraud, but they still voluntarily advanced funds to smuggle into Myanmar. As a result, they were trafficked to criminal dens by overseas personnel and escaped only after paying a ransom. The People's Court determined in accordance with the law that the two defendants constituted the crime of illegally crossing the national (border) border, and comprehensively considered the two defendants' voluntary surrender, confession and punishment, and active prepayment of fines, etc., and granted leniency in sentencing. The principle of severe punishment without leniency for fraud-related crimes, on the other hand, fully implements the criminal policy of combining leniency with severity.
Case 8
Defendant Pan Mouping and 3 others
Case of infringement of citizens’ personal information
1. Basic facts of the case
From the end of 2020 to the beginning of 2021, the defendant Pan Mouping hired the defendants Pan Mouhui and Pan Mouxing to engage in illegal trading of WeChat registration information in a community in Shuangyang Street, Luojiang District, Quanzhou City, Fujian Province. During this period, Pan Mouping was responsible for purchasing mobile phones, computers and other tools used to commit crimes, and purchasing WeChat registration information online; Pan Mouhui and Pan Mouxing logged in and maintained the purchased WeChat registration information according to Pan Mouping's arrangements, and Publish advertisements for selling information in WeChat groups in areas with high incidence of telecommunications network fraud overseas, and then assist Pan Mouping to sell information. The WeChat registration information sold by the three people was used by others to commit telecommunications network fraud. After investigation, Pan Mouping, Pan Mouhui, and Pan Mouxing bought a total of 1,548 pieces of WeChat registration information and sold 1,214 pieces, making illegal profits of more than 30,000 yuan. Among the WeChat registration information bought and sold by the three people, 1,335 included mobile phone number information, and 639 were bound to citizen ID numbers and names.
2. Referee results
This case was heard by the People's Court of Luojiang District, Quanzhou City, Fujian Province, and has now become legally effective.
The court held that the defendants Pan Mouping, Pan Mouhui, and Pan Mouxing violated relevant national regulations and illegally obtained and sold citizens' personal information. The circumstances were serious, and their actions constituted the crime of infringement of citizens' personal information. In the joint crime, Pan Mouping played the main role and was the principal offender; Pan Mouhui and Pan Mouxing were the accomplices. The three people knew that others were using citizens' personal information to commit crimes, but still sold it. This was subjectively malignant and socially harmful, and they should be severely punished as appropriate. In summary, the defendants Pan Mouping, Pan Mouhui, and Pan Mouxing were sentenced to fixed-term imprisonment ranging from one year to eight months to eight months for the crime of infringing on citizens' personal information, and were fined from RMB 10,000 to 3,000 yuan. wait.
3. Typical meaning
Telecom network fraud criminal methods are iterating and renovating very quickly. There are not only "blind fraud" that "casts a wide net", but also "tailor-made" "refined fraud", which has spawned related crimes such as infringement of citizens' personal information, and gradually formed upstream illegal The black and gray industrial chain of collection, reselling by midstream agents, and illegal use by downstream fraud crimes has seriously infringed on the security of citizens' personal information and even endangered the safety of citizens' lives and property. The People's Court has always adhered to the policy of full-chain and all-round crackdowns, continuously increasing the crackdown on related crimes such as infringement of citizens' personal information, effectively protecting the security of citizens' personal information, eradicating the breeding ground of telecommunications and network fraud crimes, and preventing the spread of crimes.
This case is a typical case of illegally obtaining and selling citizens’ personal information and using the information for telecommunications network fraud crimes. Defendants Pan Mouping, Pan Mouhui, and Pan Mouxing illegally obtained a large amount of WeChat registration information including citizen ID numbers, names, and mobile phone numbers, and posted advertisements for sale in WeChat groups in areas where overseas telecommunications network fraud is high, and sold Some of the information was used by others to commit telecommunications network fraud crimes, which constituted a "serious circumstance." The People's Court convicted and punished three people for the crime of infringing on citizens' personal information in accordance with the law. At the same time, it comprehensively considered the three people's knowledge of downstream fraud crimes and imposed severe penalties as appropriate to effectively protect the security of citizens' personal information and curb the high incidence of telecommunications network fraud crimes from the source. Multiple situation.