Organize a fraud team in Myanmar! Xie Mouhao was sentenced to 15 years! 6 typical case releases
Jiangxi courts crack down on and govern telecommunications network fraud
Typical cases of related crimes
Case One
Cases of fraud and illegal crossing of national borders by Xie and others
——Implementing "transnational" fraud based on online gambling platforms and imposing strict punishment in accordance with the law
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Basic case
Starting from June 2018, a criminal gang led by defendants Xie Mohao and Chen Mouwang has been stationed in northern Myanmar for a long time, gathering multiple people to carry out cross-border telecommunications network fraud. They use online chat software to add others as friends and lure victims to gambling platforms. Through backstage manipulation, the victims are first allowed to obtain small profits. After the victims increase their recharge and betting, they then take possession of the victim's funds, resulting in a total fraud of over 20 million yuan.
In addition, the defendants Xie and Chen repeatedly violated border management regulations by illegally crossing the border between Yunnan Province and Wa State in Myanmar, constituting the crime of illegally crossing the border.
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Judgment result
After trial, the court found that the defendants Xie Mohao and Chen Mouwang, together with others, organized a telecommunications fraud team in Myanmar for the purpose of illegal possession, and used gambling platforms to defraud others of their property. The amount involved was particularly huge, and both constituted the crime of fraud, which was a joint crime. The court sentenced the defendant Xie Mohao to fifteen years in prison and a fine for several crimes, including fraud and illegal crossing of the border; Impose corresponding penalties on other defendants.
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Typical significance
Currently, with the continuous increase in domestic efforts to crack down on telecommunications network fraud, a large number of domestic fraud dens are accelerating their transfer overseas, mainly distributed in Southeast Asian countries such as the Philippines, Cambodia, Malaysia, Vietnam, Myanmar, especially in northern Myanmar. The number of criminal gangs committing fraud activities against Chinese citizens accounts for 68.5% of all overseas cases. This type of criminal gang generally operates in a corporate manner, with a strict structure, clear division of labor, and strong concealment. They carry out precise fraud against domestic personnel, causing serious social harm and negative impact, seriously affecting the sense of security of the people. This case is a typical case of organized and large-scale illegal immigration abroad to commit telecommunications network fraud against Chinese citizens. The criminal team led by defendants Xie and Chen set up criminal dens overseas, recruited personnel from within the country to act as "chat hands", and used online dating methods to lure victims to gamble on designated platforms and commit fraud. The involved amount of money is particularly huge, and the deceived population radiates to more than ten provinces and cities across the country, seriously endangering the property safety of the people. The trial court sentenced the defendant severely in accordance with the law and made every effort to recover damages, fully demonstrating the firm determination to adhere to strict punishment in accordance with the law and protect the property safety of the people to the greatest extent possible. This will form a strong deterrent against domestic and foreign telecommunications network fraud criminals and effectively curb the trend of overseas telecommunications network fraud.
Case 2
Deng Moutao and others engaged in fraud and infringement of personal information of citizens
——Using "virtual stock trading platforms" to lure others into investing and committing fraud
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Basic case
The defendant Deng Moutao registered and established a certain network technology company in April 2021, serving as the legal representative. Later, he began recruiting employees to make phone calls to engage in stock recommendation business and invited defendants Ouyang Mouxuan and Chen Mouqi to participate. Due to limited profits from recommending stocks over the phone and the fact that many investors have a need for stock allocation, Deng Moutao contacted defendants Wang and Wu Mouming to build a virtual stock trading platform. In November 2021, the virtual stock trading platform was officially launched and used by the company. Within the platform, investors can purchase stocks and make capital allocations. Stock settlement is based on the increase in the regular stock market, and the funds recharged by investors are deposited into the bank account of Deng Mouhua, an employee of the company controlled by Deng Moutao. Deng Moutao earns profits by collecting platform transaction fees from investors and obtaining the money they lose from stock trading on the platform. Since its launch, the platform has deceived victims Hu Mousong and six others into recharging and allocating funds on the platform. The above-mentioned victims recharged a total of 1649500 yuan, withdrew 131720 yuan, and were defrauded of 15177800 yuan.
Deng Moutao also provided the salesperson with approximately 40507 pieces of citizen personal information he purchased online and obtained from other companies. After the incident, the families of Deng and others actively returned the stolen goods, and the losses of the victims have been fully recovered.
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Judgment result
After trial, the court found that the defendants Deng Moutao and five others fabricated a virtual stock trading platform for the purpose of illegal possession, defrauded others of huge amounts of money, and their actions all constituted the crime of fraud. The defendant Deng Moutao violated relevant national regulations by illegally obtaining and providing personal information of citizens. The circumstances are serious, and his behavior constitutes the crime of infringing on personal information of citizens. In joint crimes, each of the five defendants plays a major role and is the principal offender. The losses of the victims have been fully recovered, and some victims have issued a letter of understanding. The five defendants may be given lenient punishment at their discretion. The court sentenced the defendant Deng Moutao to three years and ten months in prison and a fine for several crimes, including fraud and infringement of personal information of citizens; Sentence corresponding punishments to the other four defendants.
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Typical significance
In recent years, there have been frequent new types of fraud cases in various regions that involve setting up virtual stock trading platforms to defraud investors of their wealth, causing financial losses to victims and seriously affecting the order of the financial market. This case is a typical case of telecommunications network fraud through the construction of a virtual stock trading platform. The defendants have clear division of labor, showing a trend of organization, specialization, and intelligence, and are more deceptive. The verdict in this case will have a great deterrent effect on similar types of telecommunications fraud. Here, we remind the general public to be vigilant against so-called "stock trading experts", and to conduct investment and financial activities such as stock trading through legitimate channels and legal institutions. Do not trust the so-called "experts", "experts", and "mentors" in social media accounts such as QQ groups and WeChat groups, improve risk prevention awareness, and avoid falling into investment fraud traps set by criminals, leading to huge property losses.
Case Three
Li's equal concealment and concealment of criminal gains case
——Organizing a fraud gang to "bleach" stolen funds for telecommunications fraud groups
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Basic case
From July 10th to 21st, 2021, the defendant Li Xiaoping successively gathered the defendants Han Jun, He, and Chen, and He also gathered the defendants Zeng Lin, Li, and Yan Wei to collect accounts for the online "running points". Li Mouping helped to go online and be responsible for the management of the entire gang, covering expenses such as rent, water and electricity, and gas; He assisted Li Mouping in organizing gang members to run points; Han Moujun is responsible for renting housing and opening bank cards with gang members; Chen, Zeng, Lin, Li, and Yan are mainly responsible for "running points" business, and each person is responsible for commission according to different proportions of the "running points" amount. At the time of the incident, the criminal gang had a total amount of RMB 3.326429 million and illegally profited RMB 48007 million.
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Judgment result
After trial, the court found that Li and seven others, knowing that the funds involved in the upstream crime were illegal proceeds, still assisted the upstream criminals in transferring funds through their own bank accounts, and assisted in the transfer of proceeds. All of their actions constituted concealment and concealment of the crime. The defendant Li Mouping and others concealed or concealed the total amount of criminal gains exceeding 100000 yuan, with serious circumstances and playing a major role, and are the main culprits. The court sentenced the defendant Li Mouping to four years and six months imprisonment and a fine for concealing and concealing the crime; Sentence corresponding punishments to the other six defendants.
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Typical significance
In recent years, with the increasing efforts to crack down on telecommunications network fraud, criminals have hired or recruited personnel specifically engaged in "score running" activities in order to smoothly transfer and monetize fraudulent funds and evade investigation, forming an industrial chain. These score running gangs are an indispensable part of the telecommunications network fraud criminal chain, playing a role in promoting telecommunications network fraud, and must be resolutely punished in accordance with the law. This case is a typical case where the defendant recruited personnel to conduct online "score running" money laundering for the previous party. Based on the legal investigation of the status and role of each defendant, the court dealt with the main offender severely and other accomplices leniently, implementing the criminal policy of combining leniency and severity. Here, we remind the general public not to sell or lend their bank cards for small profits, as this may violate the legal bottom line and lead to imprisonment.
Case Four
Liu Mouyu and others assisted in the case of information network criminal activities
——Implementing "reselling social platforms" to provide upstream with criminal tools
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Basic case
The defendant Liu Mouyu was convicted of aiding in information network criminal activities by promoting and attracting online criminals. From March to July 2022, Liu Mouyu contacted online again and rented a workplace for engaging in online social group activities for resale. The defendants Luo, Li, Liu, Wang, and others, after being invited, knowingly assisted others in using information networks to carry out criminal activities, but still provided Liu with tools such as mobile phones and overseas traffic cards. Under Liu's training, they searched for upper and lower customers through overseas network software, acquired social groups at a low price from the lower customers, and then sold them at a high price to the upper customers to earn a price difference. They used virtual currency to settle profits, illegally profiting more than 300000 yuan. After the incident, Liu and others returned some of their illegal gains.
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Judgment result
After trial, the court found that the defendant Liu Mouyu and others provided criminal assistance to others even though they knew they had committed information network criminal activities. The circumstances were serious, and their actions constituted the crime of aiding information network criminal activities. Liu Mouyu plays a major role in joint crimes and is the principal offender; The other four individuals serve as auxiliary roles and are considered accomplices. The court sentenced the defendant Liu Mouyu to one year and eight months of imprisonment and a fine in accordance with the law; Sentence corresponding punishments to the other four defendants.
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Typical significance
This case is a typical case of helping information network crimes by reselling "social platform" accounts as a means of attracting traffic and promotion. The defendant Liu Mouyu and others, knowing that others were using telecommunications networks to commit crimes, still sold telecommunications network platforms such as WeChat and QQ groups for social purposes to others, helping upstream criminals publish false information in WeChat and QQ groups, causing others to be deceived and illegally gaining huge profits. The court's punishment in accordance with the law not only reflects the strong determination to severely punish the related crimes of telecommunications network fraud, but also helps to reduce the occurrence of telecommunications network fraud from the source.
Case 5
Guo Moule disguises and conceals the proceeds of crime
Assisting Information Network Crime Cases
——On campus students provide paid "two cards" to receive probation, highlighting the warmth of justice
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Basic case
The defendant, a newly enrolled college student of Guo Moule Department, used his Alipay QR code to help others collect money and transfer it to the designated bank account from mid March to the end of October 2020, from which he collected benefit fees. The total settlement amount was 2.63 million yuan, and the illegal profit was more than 18000 yuan. In early November of the same year, Guo, a musician, introduced himself to Xu Mouqi and used his bank card to help Xu Mouqi receive fraudulent funds of 50000 yuan and withdraw them, charging a commission of 1500 yuan. After the incident, Guo's family compensated the victim with 50000 yuan in economic losses and obtained the victim's forgiveness.
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Judgment result
After trial, the court found that the defendant Guo Moule knowingly provided a bank card and helped withdraw 50000 yuan, illegally profiting 1500 yuan, even though he knew that someone else was using the information network to commit a crime. This constitutes concealment and concealment of the crime; Despite knowing that others are using information networks to commit crimes, they still provide payment and settlement services, with a settlement amount of 2.63 million yuan and an illegal profit of over 18000 yuan. The circumstances are serious and constitute the crime of aiding information network criminal activities. According to Guo Moule's confession and active refund of compensation, he was punished for multiple crimes and sentenced to one year imprisonment with a one-year probation and a fine in accordance with the law.
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Typical significance
At present, the crime of "two cards" is still on the rise, and many individuals who sell or lend "two cards" for a fee have been sentenced to punishment, including a considerable number of high school and college students. This case is a typical telecom fraud related case in which a student lends his bank card or Alipay account for payment to receive and transfer unknown money. Guo Moule committed the crime when he was just a young adult. When he committed the crime, he was in the stage of graduating from senior three and entering the university as a freshman. He had a weak sense of the rule of law and was not deeply involved in the world. He trusted others and provided his bank card and Alipay account to others to collect criminal income and help withdraw cash, which violated the criminal law. The trial court adheres to the principle of "education as the main focus and punishment as the auxiliary", applies probation to him according to the facts and circumstances of his crime, and assists him in completing his studies with the warmth of the judiciary, fully reflecting the criminal policy of balancing leniency and severity. In addition, the trial court also adhered to the active judicial concept of "handling one case, affecting one area" in response to the social issues reflected in the case. They conducted in-depth legal activities in schools to prevent telecommunications and network fraud, educated young students to work part-time through formal channels, resolutely resisted the temptation of illegal high profits, and guarded the legal safety line of life, achieving good results.
Case 6
Case of Yuan Mouyan infringing on personal information of citizens
——Industry insiders illegally sell personal information and hold criminal and civil dual responsibility accountable
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Basic case
Yuan Mouyan, the defendant, is an employee of a mobile phone store. From August 2020 to July 2021, he illegally provided the customer's mobile phone number and verification code to five WeChat groups without the customer's knowledge by taking advantage of the convenience of handling business and selling mobile phones, and used them to register online virtual accounts on platforms such as Taobao, Jingdong and Tiktok, making a total profit of more than 14000 yuan. After the incident, Yuan Mouyan returned all illegal gains. The procuratorial organs simultaneously file an incidental civil public interest lawsuit.
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Judgment result
After trial, the court found that the defendant Yuan Mouyan violated relevant national regulations by selling personal information of citizens to others without the user's consent, illegally profiting more than 14000 yuan. The circumstances are serious, and her behavior has constituted the crime of infringing on personal information of citizens. Yuan Mouyan's criminal behavior has led to the leakage and dissemination of personal information of numerous citizens, posing a risk of being illegally bought, sold, or disseminated again, and being infringed upon at any time. The procuratorial organs have filed a criminal incidental civil public interest lawsuit, demanding that the defendant bear civil tort liability, and the lawsuit request is legally justified. According to the facts of the defendant's crime and the circumstances of voluntary surrender, confession and punishment, and return of all illegal gains, the defendant shall be sentenced to eight months' imprisonment, one year's probation, and a fine in accordance with the law; At the same time, it is ordered to delete the personal information data of citizens stored in WeChat, publicly apologize to the society on municipal media, and send risk warning messages to the infringed person through the mobile department.
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Typical significance
As an important means of communication in modern life, mobile phone numbers are closely related to the lives of citizens and have been implemented under real name registration. They can be recognized as specific natural person identities. Once illegally used, they may cause harm to the personal life and peace of citizens, and belong to the category of personal information protected by criminal law. In this case, Yuan Mouyan, as an employee of a communication enterprise, took advantage of her work and violated relevant national regulations. Without the user's consent, she sold someone else's mobile phone number and the obtained verification code to others for registering a virtual network account, earning a profit of more than 10000 yuan. The circumstances are serious and should be punished according to law.
The protection of personal information rights is a new type of personality rights emerging in the information age, which not only involves the protection of individual rights and interests of natural persons, but also has social and public interest attributes. The procuratorial organs have filed an incidental civil public interest lawsuit for this, and the trial court not only sentenced the defendant to punishment, but also ordered them to bear civil liabilities such as compensation and apology, greatly increasing the cost of illegal activities for the perpetrator, which is conducive to cracking down on such crimes and further maintaining the information security of individual citizens.
