The picture is the press conference site. Photo by Hou Yusheng
In recent years, with the rapid development of information network technology in my country, the criminal structure has undergone major changes, traditional crimes have continued to decline, and the new type of cyber crime represented by telecommunications network fraud has continued to occur frequently. Telecommunications and Internet fraud crimes seriously infringe upon the vital interests and property security of the people, and seriously affect social harmony and stability. The people hate this. Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping as the core has attached great importance to the work of combating and controlling telecommunications and network fraud crimes. General Secretary Xi Jinping has made important instructions, pointing out the direction for combating and governing the work and providing fundamental guidance.
People's Court has always adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, resolutely implement the spirit of General Secretary Xi Jinping's important instructions, conscientiously implement the "Opinions on Strengthening the Combation and Governance of Telecommunications and Network Fraud", give full play to the role of judicial functions, severely punish telecommunications and network fraud and related crimes in accordance with the law, actively participate in source governance and comprehensive governance, and effectively safeguard the legitimate rights and interests of the people. From 2017 to 2021, courts across the country concluded 103,000 telecommunications and network fraud cases in the first instance, and 223,000 defendants were sentenced to prison. Among them, the year-on-year increase of 71.69% in 2018; the year-on-year increase of 25.15% in 2019; the year-on-year increase of 40.36% in 2020; and the year-on-year decrease of 17.55% in 2021. In the first half of this year, courts across the country concluded 11,000 telecommunications and network fraud cases in the first instance, and 21,000 defendants were sentenced, a decrease of another year-on-year.
1. Adhere to severe punishment in accordance with the law and effectively deter crimes
People's courts always insist on severe punishment in accordance with the law for telecommunications and network fraud crimes. The Supreme People's Court, together with the Supreme People's Procuratorate and the Ministry of Public Security, issued guiding opinions, stipulating the amount of convicted by the value of public and private property of telecommunications network fraud, which means that the amount of convicted is convicted by more than 3,000 yuan, and the minimum convicted threshold is implemented; stipulating that those who cause suicide and death, impersonate judicial organs and other state organs will be punished severely in accordance with the law if they commit suicide or death, impersonate judicial organs and other state organs, commit fraud overseas, fraud, disability, elderly people, minors, and students in school, and organize and direct telecommunications network fraud criminal gangs. People's courts at all levels have efficiently concluded a large number of telecommunications and network fraud cases in accordance with the law, severely punished a large number of criminals, and effectively cracked down on the arrogance of criminals.
People's Court regards cross-border telecommunications network fraud crimes as the top priority for severe punishment. Since 2016, relevant courts in Beijing, Zhejiang, Jiangsu, Sichuan, Henan and other provinces and cities have heard a number of major cross-border telecommunications network fraud cases, including " Great Wall Operation ", "10.30", "5.09", "10.18", and "11.20", and a number of major cross-border telecommunications network fraud crimes, and a number of main culprits of cross-border telecommunications network fraud crimes were sentenced to severe prisoners. In the "5.09" major cross-border telecommunications network fraud case heard last year, 241 of the 590 defendants were sentenced to more than five years in prison, with a severe sentence rate of more than 40%. In the case of fraud by the defendant Chen Wenxiong and others heard by the Hebei Court, the criminals pretended to be staff from state organs to commit fraud against residents in our country overseas. Chen Wenxiong, the chief member of the criminal group, was sentenced to life imprisonment in accordance with the law.
People's Court has always insisted on the full-chain deep crackdown on telecommunications and network fraud crimes. Upstream and downstream related crimes such as infringement of citizens' personal information, helping information, network criminal activities, concealment, concealment of criminal proceeds, and , and criminal proceeds, and punish them according to the law on the basis of further clarifying and refining the application standards of legal standards. Resolutely cut off the chain of assistance for telecommunications and network fraud crimes, and resolutely eradicate the "black and gray industries" around them.From 2017 to 2021, courts across the country concluded 67,000 criminal cases of information cybercrime activities in the first instance, and 102,000 defendants were sentenced to prison; 13,000 criminal cases of infringement of citizens' personal information were concluded, and 27,000 defendants were sentenced to prison. In the first half of this year, courts across the country concluded 39,000 criminal cases of information cybercrime activities in the first instance, and 68,000 defendants were sentenced to prison; more than 2,300 criminal cases of infringement of citizens' personal information were concluded, and more than 4,800 defendants were sentenced to prison.
People's Court has always insisted on recovering stolen money and regaining losses in response to telecommunications and network fraud crimes. Whether the cheated money can be recovered, how much, when and how much it will be returned in telecommunications and network fraud cases is a highly concerned issue for the defrauded people and the society. The People's Court adheres to the principle of people-centered , implements the judicial requirements for the people, recovers stolen money and losses to the greatest extent, thoroughly investigates and recovers stolen money and goods in accordance with the law during the trial, increases the efforts to apply property punishment to criminals, actively mobilizes the defendants to return stolen money and compensation, and returns the recovered fraud-related funds to the deceived people in a timely manner, so as to recover economic losses to the deceived people to the maximum extent.
2. Improve legal norms and strengthen legal support
In order to further improve the relevant legal system, promote source governance and comprehensive governance, and effectively combat and manage telecommunications and network fraud violations, the Supreme People's Court actively participated in the relevant investigation of the legislative body's formulation and promulgation of the "Anti-Telecommunications Network Fraud Law", actively contributed suggestions in light of the actual work of the court, and put forward constructive opinions and suggestions on the "Anti-Telecommunications Network Fraud Law (Draft)". In order to solve the problem of legal application in combating and controlling telecommunications and network fraud crimes and their related crimes, the Supreme People's Court, together with the Supreme People's Procuratorate, the Ministry of Public Security and other relevant departments, has successively formulated and issued 9 normative documents such as judicial interpretations and guiding opinions to further clarify legal standards and unify law enforcement standards.
In 2016, the Supreme People's Court, together with the Supreme People's Procuratorate and the Ministry of Public Security, formulated and issued the "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Internet Fraud", which further clarified the legal application standards for handling telecommunications and Internet Fraud crimes, effectively solved the problems of difficulty in investigating, collecting evidence, jurisdiction, identification, and recovery of stolen goods in judicial practice, ensuring that such crimes are more severe, the identification is more accurate, the crackdown is more comprehensive, and the effect is better. In 2021, the "Two High Schools and One Department" formulated and issued the "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Internet Fraud (II)", focusing on solving the legal application issues such as cross-border telecommunications and Internet Fraud, illegal transactions of bank cards, and mobile phone cards, which are so-called "two cards" crimes, in order to better adapt to the needs of the new situation, effectively solve problems in practice, and facilitate grassroots law enforcement and case handling.
In conjunction with the Supreme People's Procuratorate, the Supreme People's Procuratorate has also successively formulated and issued the "Interpretation on Several Issues Concerning the Application of Laws in Criminal Cases of Covering, Concealing Criminal Incomes and Proceedings of Criminal Incomes", "Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Disturbing Radio Communication Management Order", "Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens' Personal Information", "Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Utilization of Information Networks and Helping Information Network Criminal Activities", etc., providing a clear and specific basis for the application of Laws in Handling Upstream and Downstream Criminal Activities of Telecommunications Network Fraud in accordance with the law.
After the above judicial interpretations and guiding opinions were issued, the Supreme People's Court has held more than 10 special trainings on combating telecommunications and network fraud crime trials, training a total of more than 3,000 criminal judges, covering more than 3,000 grassroots courts across the country. All high and intermediate people's courts also actively organize special training for such business every year. The construction of professional anti-fraud forces in the people's courts has been further strengthened, and the ability to hear telecommunications and network fraud crimes has been further improved.
3. Carry out legal publicity and create a good atmosphere
0 The Supreme People's Court attaches great importance to anti-fraud publicity work.In 2016 and 2019, two batches of 19 typical cases of combating telecommunications and network fraud crimes and related crimes were released, and the case-based explanation played a positive role in publicity, warning, education and prevention. During the " Two Sessions " every year, the people's courts are introduced through live interviews and other means of all-media, and the people's courts are also organized to carry out activities such as "Concentrated Propaganda Month for Combating and Governing Telecom Network Fraud Crimes" and "National Anti-Fraud Propaganda Month" to strive to promote the transformation of the legal effects of case handling into social effects.
People's courts at all levels regard combating and controlling telecommunications and network fraud crimes as an important tool for "I do practical things for the people", constantly innovate publicity forms, and actively carry out legal publicity activities for the whole people against fraud and anti-fraud. The people's courts actively carry out the "five-in-one activities" of anti-fraud propaganda in communities, rural areas, families, schools and enterprises, and conduct targeted "immersion" education for key groups who are easily deceived; through online live trials, they build an integrated case handling model of "trial and publicity", and focus on making good use of "live textbooks" of typical cases, and offer open classes with special legal characteristics. For example, when Sichuan court heard the "10.18" major cross-border telecommunications network fraud case, it took the initiative to invite NPC deputies, CPPCC members, and community members to attend the trial, and adopted the "online + offline" remote video trial mode. It simultaneously broadcast live through the China Trial Open Network, attracting more than 300,000 people (times) to watch, making the court trial a vivid and lively national legal education class, achieving good results.
or above is the basic situation of the people's courts punishing telecommunications and network fraud crimes in accordance with the law. Today, the Supreme People's Court also released ten typical cases. These ten typical cases are reflections and manifestations of the people's courts' severe punishment of telecommunications and network fraud crimes and their related crimes in accordance with the law, and their efforts to recover stolen goods and losses. They are highly typical and representative.
First, focus on crackdowns. Currently, telecommunications and network fraud crimes account for 80% of overseas crimes, and cross-border telecommunications and network fraud crimes have more social harm and greater difficulty in cracking down. As mentioned earlier, the primary principle of the people's courts to combat telecommunications and network fraud crimes is to punish severely, and the "top priority" of severe punishment is cross-border telecommunications and network fraud crimes. Especially for the primary members and backbone members of cross-border telecommunications and network fraud crime groups, we must make full use of existing legal weapons, resolutely punish severely in accordance with the law, and maximize the effectiveness of punishment. The case released by the defendant Yi Yangfeng and others for fraud, organizing others to cross the border, secretly cross the border, helping with information network criminal activities, concealing and concealing the proceeds of crimes, the court determined that it was a cross-border telecommunications network fraud criminal group, and severely punished the group's chief elements and backbone members, as well as criminals who provide payment and settlement assistance and transfer of stolen money services to the group, and the group's chief elements Yi Yangfeng was sentenced to life imprisonment in accordance with the law.
The second is that the scope of attack is comprehensive. telecommunications network fraud crime chain operation model is becoming increasingly obvious. Around this crime, a large number of surrounding black and gray industrial chains have been breeded. The latter has promoted the high incidence of telecommunications network fraud crimes, becoming an important factor in the continuous fight of the former. The people's courts focus on cutting off the help chain of telecommunications and network fraud crimes, strengthening source prevention and control, compressing the space for the breeding and spreading of telecommunications and network fraud crimes, and punishing related crimes of telecommunications and network fraud crimes in accordance with the law. The case of defendant Long Jiuqi and defendant Xue Shuang helping information network crimes, defendant Chen Ling and others infringing on citizens’ personal information, the defendants involved in the case may provide telecommunications network fraud criminals with tools to receive fraud funds, or provide technical support for communication transmission, or provide citizens’ personal information as an "insider" in the industry, which will help telecommunications network fraud crimes succeed repeatedly. The people's court punishes the defendants in the above cases according to the circumstances of the crime and the degree of social harm, combined with their subjective malice and attitude of confession and repentance in accordance with the law.
Third, crack down on and recover stolen goods. Telecom network fraud crimes have a large time and space span, affecting a large number of people, which is more confusing than traditional fraud crimes. The masses are often easily deceived and cause huge property losses.In particular, some ordinary people's money for treatment, pension, schooling, etc. were cheated, resulting in poverty caused by fraud, and their lives were in trouble, resulting in secondary harmful consequences. While severely punishing criminals in accordance with the law, the people's courts insist on doing their best to recover the economic losses of the deceived people and effectively safeguard the legitimate rights and interests of the people. During the trial, the court simultaneously promoted the recovery of stolen assets and losses in the case of the defendant Shi Deshan and others, coordinated with relevant departments to seize and freeze the stolen money in the account involved in the case in a timely manner, mobilized the defendants to actively return the stolen assets and make compensation, and promptly return the defrauded people to the liar, protecting the legitimate rights and interests of the defrauded people to the greatest extent.
Fourth, the attack effect is good. Telecom network fraud is usually committed by groups or gangs, with complex personnel composition, varying degrees of malignancy, and different status and roles. Especially from the situation in recent years, some minors, current students, and newly graduated college students are deceived, tempted or deceived by criminal groups and participate in it. They not only fall into the abyss of illegal crimes, but also bring great losses to society and families. In this regard, the people's court adheres to the policy of education, influence and rescue, implements the criminal policy of combining leniency with severity, and makes full use of the leniency system for admitting guilt and accepting punishment. Those who should be leniency should be leniency in accordance with the law, reflect the policy to the greatest extent within the legal framework and demonstrate the warmth of justice. The fraud case released by the defendant Zhao Mingyun and others was published. The gang member Ding Moumou had just graduated from university and participated in the crime for a short time. He was a first-time offender. During the crime, he felt regretful and stopped. He confessed his crime to the deceived people and called the police. He also took the initiative to leave the criminal gang and sincerely confessed his guilt after being arrested. The court fully considered the above sentencing circumstances and gave him a lighter sentence to probation, which was conducive to Ding Moumou's reform and return to society. It also set a benchmark for people involved in crimes to strive for lenient treatment with practical actions.
The ten typical cases released today are, on the one hand, emphasizing the policy position of the people's courts to severely punish telecommunications and network fraud crimes in accordance with the law, and on the other hand, it also reminds the general public to enhance their awareness of fraud prevention and prevention capabilities, use legal means to protect their own rights and interests, and at the same time distinguish right from wrong, and do not become a "tool person" of telecommunications and network fraud criminals because of greed for small profits.
In the next step, the people's courts will deepen the crackdown and governance of telecommunications and network fraud crimes with greater efforts and more practical measures and achieve better results. Focus on doing the following aspects. First, we will conscientiously implement the "Anti-Telecom Network Fraud Law" passed not long ago, work with relevant departments to fully implement various measures to combat, prevent and control measures, improve the evidence and proof rules for telecom network fraud crimes, and improve mechanisms such as punishment for breach of trust, investigation and punishment of fraud-related funds, and linkage of administrative penalty and criminal punishment. Second, we will continue to unswervingly insist on severely punishing telecommunications and network fraud crimes in accordance with the law, and resolutely curb the frequent and high incidence of telecommunications and network fraud crimes. Third, continue to increase efforts to recover stolen stolen funds, thoroughly investigate and make every effort to recover fraud-related funds in accordance with the law, and make every effort to recover fraud-related funds through the application of the confession and acceptance of punishment system, encourage the defendant to actively return stolen funds, and work with relevant departments to improve the timely return mechanism for fraud-related funds in accordance with the law as soon as possible to effectively protect the property rights and interests of the defrauded people. Fourth, coordinate the promotion of network governance, continue to promote the construction of a new pattern of anti-fraud prevention for the whole people, innovate publicity forms, continuously strengthen the pertinence and effectiveness of publicity and education, and strive to create a strong atmosphere of anti-fraud for the whole people and anti-fraud in the whole society.
★
People's Court punishes
Telecom network fraud crimes and their related crimes typical cases
directory
1. The defendants Yi Yangfeng, Lian Zhiren and other 38 people fraud, organized others to cross the border secretly, cross the border secretly, and help information network Criminal activities, concealment and concealment of criminal proceeds
2, defendants Luo Huan, Zheng Tanxing and other 21 fraud cases
3, defendants Shi Deshan and other twelve fraud cases
4, defendants Wu Jiancheng and other 5 fraud cases
5, defendants Huang Hao and other 3 fraud cases
6, defendants Zhao Mingyun and other 9 Fraud case
7. Defendant Deng Qianghui and six others fraud and infringement of citizens' personal information
8. Defendant Chen Ling and five others infringement of citizens' personal information
9. Defendant Long Jiuqi helps information network crimes
00. Defendant Xue Shuang helps information network crimes
1. Defendant Yi Yangfeng and Lian Zhi Ren and 38 others fraud, organized others to cross the border secretly, secretly cross the border, help information cyber criminal activities, conceal and conceal the proceeds of crime
(I) Basic facts
Defendant Yi Yangfeng founded the "Yuanfeng Group" in Myanmar, adopted a corporate operation model, wrote scripts, carried out business training, equipped crime tools, formulated reward and punishment systems, and formed a criminal group with strict organization and complete structure. As the "boss" of the fraud criminal group, Yi Yangfeng organized and led the group to commit transnational telecommunications network fraud, gathered the defendant Lian Zhiren to join the group and gradually became the person in charge. The two were the main elements of the fraud group. The defendant Lin Yanxing serves as the supervisor, responsible for the management team leader, and conducts business training and guidance; the defendants Yan Bin, Fu Peijie, Qin Zhen, Huang Renquan and others serve as agents or group leaders, recruits management team members and supervises and guides the team members to commit fraud; the defendant Yi Xiaofeng provides technical support for the fraud. From August 2018 to December 2019, the group recruited and attracted many Chinese citizens to frequently cross the border, traveling between my country and Myanmar, and added a large number of friends with online social software, and used "pig killing" fraud to defraud 81 victims of a total of more than 18.2 million yuan.
(II) Judgment Results
This case was first instanced by the Intermediate People's Court of Fuzhou City, Jiangxi Province, and Jiangxi Provincial Higher People's Court second instance. Legal effect has now taken place.
The court held that the criminal group headed by the defendants Yi Yangfeng and Lian Zhiren used the method of fabricating facts and concealing the truth to defraud others of their property in a particularly huge amount, and their actions constituted the crime of fraud. Yi Yangfeng and Lian Zhiren have also organized others to cross the border secretly and cross the border secretly many times. Their behavior constitutes the crime of organizing others to cross the border secretly and cross the border secretly. Yi Yangfeng and Lian Zhiren are the chief elements of the fraud group and are punished for all the crimes committed by the group. The defendants Lin Yanxing, Yan Bin, Fu Peijie, Qin Zhen, Huang Renquan, Yi Xiaofeng and others are the backbone elements of the fraud group and are the main culprits. They are punished according to all crimes they participate in or organized and directed. According to the criminal facts, nature, circumstances and degree of social harm of each defendant, the defendant Yi Yangfeng was sentenced to life imprisonment for the crime of fraud, organizing others to cross the border secretly, and cross the border secretly, deprived of political rights for life, and confiscated all personal property. The defendant Lian Zhiren was sentenced to 16 years in prison and a fine of RMB 580,000 for fraud, organizing others to cross the border, and a fine of RMB 580,000 for fraud, crossing the border, and a fine of RMB 13 years, 2 months, and a fine of RMB 10, 2 months, and a fine of RMB 2 months, for fraud, crossing the border, etc.
(III) Typical significance
Telecom network fraud criminal group headed by defendants Yi Yangfeng and Lian Zhiren uses the corporate operation model to commit fraud. The group has strict levels within the group, clear division of labor, and distinct organizational characteristics. The fraud group set up the crime den abroad, recruited personnel from China and organized stolen borders, and committed fraud against residents in our country. The number of people being cheated was large, and the amount involved was particularly huge. Cross-border telecommunications network fraud criminal groups are extremely harmful to society and are the focus of crackdowns. The main members and core members of the group must be severely punished in accordance with the law.The People's Court sentenced Yi Yangfeng and Lian Zhiren, the chief elements of the fraud group, to life imprisonment and 16 years in prison respectively, and sentenced the other core members to more than ten years in prison, fully reflecting the policy of severe punishment in accordance with the law and maximizing the effectiveness of the punishment.
2. The fraud case of 21 people including the defendants Luo Huan, Zheng Tanxing and other
(I) Basic facts of the case
Since 2018, Huang Moumou has organized hundreds of people to commit cross-border telecommunications network fraud crimes in Cambodia , Mongolia and other countries and formed a criminal group. The fraud group has established business, technology, logistics, backend services and other departments. Among them, the business department is responsible for finding the victim and luring the victim to invest in a fake trading platform through WeChat chats and other means. After receiving the order, the backend service department defrauded the victim of money by creating a decline in the market. The criminal group defrauded the victims of a total of more than 600 million yuan. From March to October 2019, 19 defendants including Luo Huan, Wang Yafei and 19 others joined the group's backend service department. Luo Huan served as the head of the backend service department, responsible for the overall work; Wang Yafei is a backbone member of the backend service department, responsible for arranging the docking of agents and order-receiving personnel; the rest of the defendants were responsible for money statistics, customer service, order-receiving and other work. Luo Huan and others were involved in the fraud amount of more than 170 million yuan. The defendants Zheng Tanxing and Zheng Wen are staff members of underground money shops. Knowing that Luo Huan and others committed fraud, they still provided the bank card to Luo Huan and others for a long time, and transferred the fraudulent money from Luo Huan and others.
(II) Judgment Results
This case was first instanced by the Tongzhou District People's Court of Nantong City, Jiangsu Province and the second instance of the Nantong Intermediate People's Court of Jiangsu Province. Legal effect has now taken place.
The court held that the defendant Luo Huan and others were still actively participating in the crime of telecommunications and network fraud, and the amount of fraud was particularly huge, and their actions constituted the crime of fraud. Based on the criminal facts, nature, circumstances and degree of social harm of each defendant, the defendant Luo Huan was sentenced to fifteen years in prison and fined RMB 1 million for fraud; the defendants Wang Yafei, Zheng Tanxing and others were sentenced to fifteen years to three years for fraud, and fined them.
(III) Typical meaning
Telecommunications network fraud is generally a long-term setting up dens to commit crimes. There are clear organizations and commanders, the backbone members are fixed, the structure is strict, the hierarchy is clear, the division of labor in each link is clear, each performs its duties, and the connection is orderly. Most of them have formed criminal groups. Those who play an organizational and command role are recognized as the primary members of the criminal group in accordance with the law. The backbone members who play the main role, including the person in charge of each link, are generally recognized as the main culprits, and are punished according to all crimes they participate in or organize and command. In this case, the various departments of Huang Moumou's criminal group have clear division of labor, cooperate with each other, and jointly complete the telecommunications network fraud crime. The backend service department and the underground bank are both an indispensable link in the crime chain. The People's Court sentenced Luo Huan, the person in charge of backend services, Wang Yafei, the backbone member, and Zheng Tanxing, an underground banker, to more than ten years in prison, reflecting the policy of severe punishment for the primary members of the telecommunications cybercrime group in accordance with the law.
3. The fraud case of the defendant Shi Deshan and twelve people
(I) Basic facts of the case
From March to May 2019, the defendant Shi Deshan instructed and helped the defendant Liu Deng and others to secretly cross the border to Myanmar, build a false futures investment platform, and form an telecom fraud team with the defendant Shen Jie and others as the group leader and the defendant Yu Qiang and others as the group members. By establishing a stock exchange WeChat group, several victims were pulled into the group to open a live broadcast room to explain stock and futures investment courses. After defrauding the victims of trust, they used the name of Guangzhou Financial Holding Network Technology Co., Ltd. to lure the victims into the grounds of investing in futures , and then closed the platform to transfer funds. The gang defrauded 29 victims of the victims, totaling more than 8.2 million yuan. After the incident, the relatives of the defendants Shi Deshan, Liu Deng and others refunded more than 760,000 yuan.
(II) Judgment result
This case was first instanced by the Shizhong District People's Court of Jinan City, Shandong Province. Legal effect has now taken place.
The court held that the defendants Shi Deshan and Liu Deng gathered Shen Jie and 10 others for the purpose of illegal possession, and used the method of fabricating facts and concealing the truth, and defrauding property from an unspecified majority of people through online means abroad, with a particularly huge amount, and their actions constituted the crime of fraud. Shi Deshan and Liu Deng are the main culprits in the joint crime. Liu Deng had the circumstances of surrendering himself and truthfully confessed the whereabouts of the stolen money controlled by Shi Deshan, which he knew, provided investigation clues for the public security organs and reduced the punishment for Liu Deng in accordance with the law. Shi Deshan and others will be given a lighter punishment according to law if they return part or all of the stolen money through their relatives or themselves. Based on the criminal facts, nature, circumstances and degree of social harm of each defendant, the defendant Shi Deshan was sentenced to 11 years and six months in prison for fraud and a fine of RMB 300,000; the defendants Liu Deng, Shen Jie, Yu Qiang and others were sentenced to fixed-term imprisonment ranging from nine years and six months to three years for fraud, and a fine was sentenced to fixed-term imprisonment.
(III) Typical significance
The defendants in this case Shi Deshan and Liu Deng organized personnel to go abroad to commit telecommunications and network fraud crimes, defrauding more than 8 million yuan of victims in the country. The people's court accurately confirmed the facts of the case, thoroughly investigated the flow of stolen money involved, coordinated and cooperated with the public security and procuratorate, seized and frozen more than 4.63 million yuan of stolen money involved in the case in a timely manner, and flexibly used the penalties adjustment function to encourage the defendant to return the stolen money. During the trial stage, the relatives of the defendants Shi Deshan, Liu Deng and others returned part of the stolen money on their behalf, and the people's court returned the victims in proportion to the proportion. The insufficient part ordered the main culprit in the case to continue to return the compensation, and the accomplices in this case bear joint and several liability for refund within the scope of their respective stolen money. A total of more than 5.39 million yuan of property losses were recovered in the whole case, and the recovery rate of stolen goods was relatively high. While trialing cases in accordance with the law, the people's court insists on serving the people for justice and making every effort to recover stolen assets and recover losses, encourages the defendants to actively return stolen assets and compensation, and returns the victims in a timely manner, and maximizes the economic losses of the victims, achieving good legal and social results.
4. The fraud case of the defendant Wu Jiancheng and five others
(I) Basic facts of the case
In October 2020, the defendant Wu Jian became an illegal profit and colluded with Wu Jiandong to send a private message to the victim on Douyin . After learning that the victim was a minor, he pretended that the victim won the prize and asked to add a QQ friend to receive the prize. Then he sent a false screenshot of the winning transfer to the victim, making the victim mistakenly believe that the money had been transferred. When the victim reported that the transfer had not been received, Wu Jiancheng and others asked the victim to use the parent's mobile phone and enter the code as required to receive the transfer, luring the victim to transfer money or , Alipay, , WeChat account and send red envelopes to him, and defrauding the victim of money. According to Wu Jiancheng's arrangement, the defendants Qiu Jingyou, Li Qiuhua and Lu Kaize provided Wu Jiancheng with bank cards, Alipay and WeChat accounts to help collect and transfer money, and share the money according to the amount of fraud. From October 2020 to January 2021, Wu Jiancheng and others defrauded five victims (between the age of 10 and 11) of more than 60,000 yuan.
(II) Judgment Results
This case was first instanced by the Wulong District People's Court of Chongqing City, and Chongqing Third Intermediate People's Court second instance. Legal effect has now taken place.
The court held that the defendants Wu Jiancheng and Wu Jiandong used telecommunications network technology to fabricate facts and defraud others of their property for the purpose of illegal possession; the defendants Qiu Jingyou, Li Qiuhua and Lu Kaize knew that others committed telecommunications network crimes and helped to receive and transfer the proceeds of fraud. The actions of the five defendants constituted the crime of fraud. The defendant Wu Jiancheng is the main culprit in the joint crime. Wu Jiancheng and others committed fraud against minors and punished them more severely as appropriate. Based on the criminal facts, nature, circumstances and degree of social harm of each defendant, the defendant Wu Jiancheng was sentenced to three years and six months in prison for fraud and a fine of RMB 35,000; the defendant Wu Jiandong and others were sentenced to two years and four months in prison for fraud and a fine of three months in prison for fraud.
(III) Typical significance
The defendants in this case, Wu Jiancheng and others, took advantage of the characteristics of minors' in-depth knowledge, lack of social experience, easy trust in the other party, and are vulnerable to threats to commit fraud, seriously infringing on the legitimate rights and interests of minors, and the crime is serious.", two highs, , one" "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Internet Fraud" stipulates that those who defraud the property of disabled persons, the elderly, minors, school students, people with incapacity of work, or those who defraud the property of seriously ill patients and their relatives shall be punished severely as appropriate. The People's Court punished Wu Jiancheng with a heavier punishment in accordance with the law, which fully reflects the clear position of the People's Court to resolutely protect the legitimate rights and interests of minors and severely punish crimes against minors.
5. The fraud case of the defendant Huang Hao and three others
(I) Basic facts
Defendants Huang Hao, Liu Renjie and Xu Jun established "Wuhan Yimo E-Commerce Co., Ltd." in Wuhan City, Hubei Province to recruit salesmen to engage in fraud crimes. The three of them divided the labor and cooperated to complete the fraud together, and received commissions based on the proportion of the fraud amount. At the same time, they also developed an "agent company" to provide fraud tactics, train fraud methods, provide various technical support and fund settlement services, and receive commissions from the fraud amount of the "agent company". The company uses salesmen to pretend to be beautiful anchors and other identities, and according to unified fraudulent tactics, lure victims to make friends and chat on online social platforms. They lied that after they learned the victim's delivery address, they created false shipping information to lure victims to buy goods in a WeChat store managed by Huang Hao and sent them back to the salesperson. After receiving the payment, the WeChat store arranged to mail fake brand-name low-priced items to win trust for the victim. Afterwards, the salesperson pushed the victim's information to the live broadcast platform under the charge of Liu Renjie and others, and used the reason for the live broadcast reward PK to lure the victim to recharge and reward on the live broadcast platform. From April to September 2020, Huang Hao and Liu Renjie involved in fraud amounts of 3.652 million yuan, and Xu Jun involved in fraud amounts of 4.542 million yuan. During the trial period, Xu Jun returned more than 81,000 yuan of stolen money.
(II) Judgment Results
This case was first instanced by the Mingguang Municipal People's Court of Anhui Province. Legal effect has now taken place.
The court held that the defendants Huang Hao, Liu Renjie and Xu Jun colluded with others to use telecommunications networks to commit fraud for the purpose of illegal possession, and the amount was particularly huge, and their actions constituted the crime of fraud. Among the joint crimes, Huang Hao, Liu Renjie and Xu Jun are all the main culprits. Xu Jun voluntarily pleaded guilty and accepted punishment, actively returned the stolen money, and was given a lighter punishment in accordance with the law. Based on the criminal facts, nature, circumstances and degree of harm to society of each defendant, the defendants Huang Hao and Liu Renjie were sentenced to 12 years in prison and fined RMB 180,000 for fraud; the defendant Xu Jun was sentenced to 11,6 months in prison and fined RMB 150,000 for fraud.
(III) Typical meaning
At present, the methods of telecommunications and network fraud continue to evolve and upgrade. Criminals keep up with social hot spots and change fraud methods and "talk" at any time, which makes people unpredictable. The defendant in this case combined the traditional "pig killing" fraud of marriage and dating with the current popular online shopping, logistics delivery, live broadcast rewards, etc., and carried out serial fraud in multiple links of packaging, which was very confusing. I hope that netizens will be vigilant and do not trust strangers they meet on online social software, protect personal information, stay sober, distinguish right from wrong, and beware of being deceived.
6. The fraud case of nine people including the defendant Zhao Mingyun and nine people
(I) Basic facts of the case
From June to October 2019, the defendants Zhao Mingyun, Yang Zhiqiang and others invested in forming a fraud gang, and successively recruited Guo Songqing and Lan Linfeng as team leaders, and recruited Ding Moumou and others to commit fraud crimes for members. After the gang deceived the victim through social software chat, he sent the victim a QR code link to the victim, so that the victim could download fake investment software. After the victim invested, he would use methods such as controlling the backend data to make the victim "invest losses" in order to commit fraud. On September 5 of the same year, after Ding learned that the victim Zhao planned to invest more than 600,000 yuan, he confessed to Zhao on the phone, reminding him to stop investing, apply for a refund from the platform and report the case to the public security organs. Afterwards, Ding left the criminal gang on his own.
(II) Judgment Results
This case was first instanced by the Jiangning District People's Court of Nanjing City, Jiangsu Province and the second instance of the Nanjing Intermediate People's Court. Legal effect has now taken place.
The first instance court held that the defendants Zhao Mingyun, Yang Zhiqiang, Ding Moumou and others used telecommunications and network technology to commit fraud many times for the purpose of illegal possession, with the amount being particularly huge or huge, and their actions constituted the crime of fraud. In joint crimes, the defendants Zhao Mingyun and Yang Zhiqiang play a major role. They are the main culprits and should be punished according to all the crimes they participate in or organize and command; the defendants Ding Moumou and others play a minor role and are accomplices. They can be given a lighter or reduced punishment according to law. The defendants Zhao Mingyun, Yang Zhiqiang and others were sentenced to fixed-term imprisonment ranging from ten years and six months to one month for fraud, and were fined; the defendants Ding Moumou was sentenced to fixed-term imprisonment for fraud, and were sentenced to fixed-term imprisonment for fraud, and were fined. After the verdict was announced by
, Ding appealed that his behavior of actively reminding the victim and leaving the criminal gang on his own constituted surrender, suspension of the crime and meritorious service. The sentence of the original trial was too heavy and he requested a lighter punishment.
The second instance court held that according to relevant laws and regulations, the defendant Ding’s early warning behavior did not constitute surrender, suspension of crime and meritorious service, but his early warning behavior objectively avoided the victim’s losses, and also allowed the victim to recover part of the losses, played a positive role in solving the case and recovering economic losses, and should receive positive evaluation from the law. In combination with Ding’s recent graduation from university, joining the fraud gang for a short time, voluntarily pleaded guilty and obtained the victim’s forgiveness, Ding’s punishment will be reduced and probation will be applied in accordance with the law. Based on this, Ding Moumou was sentenced to two years and six months in prison, suspended for three years, and fined RMB 20,000 for fraud.
(III) Typical significance
The status and role of the person involved in the telecommunications network fraud crime in the joint crime, the degree of harm of the behavior, subjective malice and personal danger, etc., are different. While insisting on severe punishment for telecommunications and network fraud crimes, the people's courts also pay attention to lenient and strict treatment to ensure good results. The defendant Zhao Mingyun in this case is the target of severe punishment and bears criminal responsibility for all crimes committed by the fraud gang. The defendant Ding Moumou has just entered society and is a first-time offender. He has participated in the crime for a short time. He took the initiative to confess the crime to the victim and warn him during the crime process to avoid further expansion of the victim's losses. He then took the initiative to leave the criminal gang and sincerely confessed his guilt and repent after being arrested. For such personnel, he should adhere to the policy of education, influence and rescue, implement the criminal policy of combining leniency and severity, make good use of the system of lenient confession and lenient punishment, demonstrate the warmth of justice, and thus increase social harmony factors.
7. The case of fraud and infringement of citizens' personal information by the defendant Deng Qianghui and six others
(I) Basic facts of the case
In May and June 2018, the defendants Deng Qianghui and Lin Songming jointly conspired to use the method of "guess who I am" to defraud others of money. The two jointly invested, Deng Qianghui purchased mobile phones, phone cards and other tools for crime, gathered the defendants Chen Luo, Zhang Wankun and others, and used the personal information of citizens involved in their names, phone numbers, address and other contents purchased by Deng Qianghui to make a fraud phone number, so that the victim could guess his identity. When the victim mistakenly thought he was an acquaintance, the defendant pretended to be the identity of the acquaintance and fabricated reasons to let the victim transfer money. From June to August 2018, Deng Qianghui and others used this method to make large-scale fraud calls, defrauding victims Luo Moumou and five others of a total of 392,000 yuan. After the incident, 39,482 pieces of personal information of citizens he purchased were seized from Deng Qianghui.
(II) Judgment Results
This case was first instanced by the Naxi District People's Court of Luzhou City, Sichuan Province and the second instance of the Luzhou Intermediate People's Court. Legal effect has now taken place.
The court held that the defendants Deng Qianghui, Lin Songming and others fabricated facts and concealed the truth for the purpose of illegal possession, and used the means of impersonating an acquaintance to make phone calls to defraud others of their property. Their actions constituted the crime of fraud; the defendant Deng Qianghui illegally obtained citizens' personal information, and the circumstances were serious, and his behavior also constituted the crime of infringing on citizens' personal information, and should be punished with multiple crimes according to law. Among the joint crimes, Deng Qianghui, Lin Songming and others were all the main culprits.Based on the criminal facts, nature, circumstances and degree of social harm of each defendant, the defendant Deng Qianghui was sentenced to nine years and six months in prison for fraud and infringement of citizens' personal information, and fined RMB 65,000; the defendant Lin Songming and others were sentenced to fixed-term imprisonment ranging from seven to two years for fraud, and fined.
(III) Typical meaning
The defendant in this case uses the illegally obtained citizens' personal information to make a fraud phone number, and through the fraudulent trick of accurately stating the victim's personal information, he deceived the victim's trust and committed accurate fraud. Infringement of citizens' personal information is an upstream related crime of telecommunications network fraud. After the two merge, the telecommunications network fraud crimes are more likely to succeed and the social harm is more serious. The "Two High Schools and One Ministry" "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Internet Fraud" stipulates that if the use of illegally obtained citizens' personal information and committing telecommunications and Internet fraud crimes constitutes multiple crimes, they should be punished in accordance with the law. The court punished the defendant Deng Qianghui for fraud and infringement of citizens' personal information, which is a concrete manifestation of severe punishment and comprehensive punishment of telecommunications and network fraud crimes and their related crimes.
8. The case of infringing citizens' personal information by the defendant Chen Ling and five others
(I) Basic facts
Guangdong Haiyue Information Technology Co., Ltd. (hereinafter referred to as "Guangdong Haiyue Company") in which the defendant Chen Ling works, signed a service agreement with the Shaoguan Branch of China United Network Communications Co., Ltd. (hereinafter referred to as "China Unicom Shaoguan Branch"), and Guangdong Haiyue Company is responsible for the online order delivery service of China Unicom Shaoguan Branch. From November 2019 to April 2021, Chen Ling took advantage of his position as the telephone card delivery officer, delivery team leader, and district supervisor of Guangdong Haiyue Company to recruit defendants Li Wujian, Zuo Jun, Liang Yejun, Zeng Jiaming and others. During the delivery of mobile phone cards to mobile phone card users, he obtained the user's real-name mobile phone number and verification code without the user's consent, and sold it to others to register accounts such as WeChat, JD.com, and Douyin. One of the mobile phone numbers was used to commit telecommunications network fraud after registering with a WeChat account, defrauding the victim Liao Moumou 100,000 yuan. The illegal income of the defendants Chen Ling and others ranged from more than 201,000 yuan to more than 15,000 yuan.
(II) Judgment result
This case was first instanced by the Xinhui District People's Court of Jiangmen City, Guangdong Province. Legal effect has now taken place.
The court held that the defendants Chen Ling, Liang Yejun, Zeng Jiaming and Zuo Jun sold or provided citizens' personal information to others in violation of relevant national regulations, and the circumstances were particularly serious. The defendant Li Wujian sold or provided citizens' personal information to others in violation of relevant national regulations, and the circumstances were serious, and his actions constituted the crime of infringing on citizens' personal information. The defendants Chen Ling and others should be punished more severely according to law if they sell and provide citizens' personal information obtained during the service provision. In view of the fact that each defendant voluntarily pleaded guilty and actively returned the stolen goods, he may be given a lighter punishment according to law. According to the criminal facts, nature, circumstances and degree of social harm of each defendant, the defendants Chen Ling, Liang Yejun and Zeng Jiaming were sentenced to three years and nine months in prison and fined for infringement of citizens' personal information; the defendant Zuo Jun was sentenced to three years in prison and three years in prison and fined; the defendant Li Wujian was sentenced to one year and six months in prison and one year and six months in prison and fined.
(III) Typical meaning
As employees of communications enterprises, the defendant Chen Ling and others used their position to obtain the user's real-name mobile phone number and verification code without the user's consent, and illegally sold it to others to register WeChat, Douyin and other accounts to obtain illegal benefits. In addition, one of the mobile phone numbers and verification codes registered WeChat was used by fraudsters, resulting in the victim Liao Moumou being cheated of huge sums of money. In order to increase the protection of citizens' personal information, the Supreme People's Court and the Supreme People's Procuratorate formulated and issued the "Interpretation on the Application of Laws in Handling Criminal Cases of Infringement of Citizens' Personal Information", which will reduce the amount and amount of crimes to half of the amount of crimes obtained during the performance of duties or provide services.The defendant Chen Ling and other industry "insiders" were punished severely according to law, which fully reflects the people's court's attitude to resolutely protect the security of citizens' personal information and is also a warning and education for practitioners in related industries.
9. Defendant Long Jiuqi helps information network crime case
(I) Basic facts
In April 2021, the defendant Long Jiuqi contacted others through WeChat. Knowing that the other party was used to commit information network crimes, he still agreed to rent out his bank card to the other party for use at a price of 100 yuan per month. Afterwards, Long Jiuqi provided the accounts, passwords and other information of the 9 bank cards he applied for to the other party, of which 6 bank cards were used by the other party to receive criminal funds such as telecommunications and network fraud, and Long Jiuqi made a total profit of more than 5,000 yuan.
(II) Judgment result
This case was first instanced by the Fengdu County People's Court of Chongqing. Legal effect has now taken place.
The court held that the defendant Long Jiuqi knew that others used the information network to commit crimes and provided help to others, and his behavior constituted the crime of assisting information network crimes. Longjiuqi was arrested by a telephone call by the public security personnel and truthfully confessed his crime, which constituted surrender, and voluntarily pleaded guilty and accepted punishment and actively returned the stolen goods. He was given a lighter punishment in accordance with the law. Based on the defendant's criminal facts, nature, circumstances and degree of social harm, the defendant Long Jiuqi was sentenced to one year and ten months in prison and a fine of RMB 4,000 for the crime of helping information network criminal activities.
(III) Typical meaning
Illegal transaction of bank cards and mobile phone cards, namely "two cards", is rampant, and a large number of "two cards" are used for crimes, which is one of the important driving forces for the continuous high incidence of telecommunications and network fraud crimes. To strengthen the source governance of telecommunications and network fraud crimes, we must crack down on crimes involving "two cards" in accordance with the law. The "Two High Schools and One Department" "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Internet Fraud (II)" stipulates that if others use information networks to commit crimes, they will acquire, sell, and rent more than 5 credit cards (bank accounts, non-bank payment accounts, Internet account passwords with payment and settlement functions, Internet payment interfaces, online banking digital certificates), or more than 20 mobile phone cards (traffic cards, Internet of Things cards) will be held criminally responsible for helping the crime of criminal activities of information networks. This provision is accurately applied in this case and the defendant Long Jiuqi was convicted and punished according to law. This case warns everyone not to violate the bottom line of the law because of greed for small profits, so as not to cause irreparable consequences to yourself and your family.
10. The case of the defendant Xue Shuang helping information cybercrime
(I) Basic facts
In early September 2020, the defendant Xue Shuang purchased a set of "Dokabao" equipment from Taobao for 13,000 yuan, and processed or purchased 26 phone cards through his relatives and friends. Later, Xue Shuang contacted others through chat software to rent the "Dokabao" equipment and agreed on rent and payment channels. From September 8 to 11, 2020, Xue Shuang successively set up "Dokabao" equipment in Xiangcheng District, Fancheng District, Xiangyang City, Hubei Province for others to make online calls, and illegally made a profit of 28,310 yuan. Criminals used the "Dokabao" equipment set up by Xue Shuang to commit 6 telecommunications and network fraud crimes, with a total of more than 160,000 yuan in property fraud.
(II) Judgment result
This case was first instanced by the People's Court of Laohekou City, Hubei Province. Legal effect has now taken place.
The court held that the defendant Xue Shuang knew that others used the information network to commit crimes and provided technical support and assistance such as communication transmission for others' crimes. The circumstances were serious, and his behavior constituted the crime of assisting information network crimes. After being arrested, Xue Shuang voluntarily pleaded guilty and accepted punishment, and refunded all illegal gains, and was given a lighter punishment in accordance with the law. Based on the defendant's criminal facts, nature, circumstances and degree of social harm, the defendant Xue Shuang was sentenced to nine months in prison and a fine of RMB 5,000 for the crime of helping information network crime.
(III) Typical meaning
Due to the increasingly refined division of labor in telecommunications and network fraud crimes, a large number of black and gray industries have been given birth to help criminals commit fraud and profit from it. This type of black and gray industries have played a role in the reverse, becoming an important driving force for the frequent occurrence of telecommunications and network fraud crimes.To combat telecommunications and network fraud crimes, it is necessary to punish upstream and downstream related crimes in accordance with the law, cut off the help chain of telecommunications and network fraud crimes, eradicate the soil on which it relies on, and achieve the synchronous advancement of crackdown and governance. The "Two High Schools and One Department" "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Network Fraud" and the "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Network Fraud (II)" have made clear provisions on the punishment of related crimes in telecommunications and Network Fraud. In this case, the defendant Xue Shuang provided technical support for telecommunications network fraud crimes and convicted and punished him for helping information network crimes, reflecting the people's court's position to comprehensively punish telecommunications network fraud-related crimes.
★
Relevant department heads of the Supreme People's Court answered reporters' questions on the work of the People's Court to punish telecommunications and network fraud crimes in accordance with the law and typical cases
1. Official data shows that currently, the proportion of telecommunications and network fraud crimes committed overseas is as high as 80%. Cross-border telecommunications and network frauds have brought many difficulties to judicial organs in combating such crimes. What measures has the People's Court taken to combat cross-border telecommunications network fraud crimes?
Answer: As you said, as the crackdown is intensified, a large number of telecommunications and network fraud crime dens have been transferred overseas to commit crimes, bringing some difficulties and challenges to our crackdown and governance work, such as difficulty in investigating, difficulty in obtaining evidence, difficulty in identifying, and difficulty in recovering stolen goods. In the work of severely punishing telecommunications and network fraud crimes in accordance with the law, the people's courts regard cracking down on cross-border telecommunications and network fraud crimes as the top priority for severe punishment. The following measures have been taken mainly:
First, strictly enforce the legal application standards. In 2016 and 2021, the Supreme People's Court, together with the Supreme People's Procuratorate and the Ministry of Public Security, successively formulated and issued the "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Internet Fraud" and the "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Internet Fraud (II)" (hereinafter referred to as "Opinions I" and "Opinions II"). "Opinion 1" stipulates that those who commit telecommunications and network fraud abroad will be punished more severely. The "Opinion II" stipulates that if the person with evidence has been confirmed to participate in overseas fraud criminal groups or criminal gangs and commits telecommunications and Internet fraud against domestic residents overseas, the amount of fraud is difficult to verify. However, if the cumulative time of going abroad to the overseas fraud den within one year is more than 30 days or multiple times, criminal liability will be pursued for fraud. "Opinion I" and "Opinion II" also stipulate special clauses that can be used as evidence for overseas evidence materials collected through international and inter-regional police cooperation, judicial assistance, etc., reflecting the spirit of severe punishment for cross-border telecommunications network fraud crimes, effectively solving difficulties in judicial practice.
The second is to ensure the effectiveness of the case trial. The Supreme People's Court issued a notice requiring people's courts at all levels to attach great importance to and effectively strengthen the trial of major, difficult and complex cases, especially cross-border telecommunications network fraud crimes, and achieve a high degree of unity of legal and social effects through trials. In recent years, relevant courts in Beijing, Zhejiang, Jiangsu, Sichuan, Henan and other provinces and cities have heard a number of major cross-border telecommunications network fraud cases, including "Great Wall Operation", "10.30", "5.09", "10.18", and "11.20". A large number of criminals were sentenced to more than ten years in prison and recovered hundreds of millions of yuan of economic losses for the deceived people, effectively cracking down on the arrogance of criminals and curbing the high incidence of telecommunications network fraud crimes. Among them, the "10.18" major cross-border telecommunications network fraud case heard by Sichuan courts was rated as "Top Ten Cases of Promoting the Rule of Law in the New Era in 2021."
The third is to form a joint force to crack down on work. At present, overseas telecommunications and network fraud criminal groups are organizing, attracting, deceiving and tempting some young people to participate in crimes, pulling people into the water, and destroying people's future, which is extremely bad. In June this year, the Inter-ministerial Joint Conference on Combating and Governing New Types of Illegal and Crimes of Telecom Networks deployed a "nail pull" action nationwide to carry out a special arrest of the leaders and backbone personnel of telecom network fraud criminal groups.The People's Court actively participated in the special operation, established a linkage mechanism with the public security, procuratorate and other departments, strengthened work measures, and promoted the smooth progress of the "nail pull" action. The "Two High Schools and One Department" also jointly issued the "Notice on Urging the Leaders and Backbone of Telecom Network Fraud Crime Groups to Surrender", urging the organizers, planners, commanders and backbone elements of telecom network fraud crimes to surrender within the prescribed time limit and strive to be lenient. At present, dozens of leaders and backbone members of the telecommunications network fraud group who fled abroad have been arrested by the public security organs or voluntarily surrendered. Telecommunications and Internet fraud criminals should recognize the situation, cherish the opportunity, surrender as soon as possible, confess truthfully, and strive to be lenient. Otherwise, they will be severely punished by law.
2. We understand that behind telecommunications network fraud is often the prominent personal information security issues in the Internet era. Some data leakage incidents and "insiders" trafficking of citizens' personal information happen from time to time, which leads to increasingly rampant telecommunications network fraud. What work has the people's court carried out in response to crimes that infringe on citizens' personal information security? What are the next deployments?
Answer: In the information age, the protection of citizens' personal information has become one of the most concerned, direct and realistic interests of the people. In recent years, illegal and criminal activities have occurred frequently infringed on citizens' personal information, and the society has paid widespread attention. Illegal crimes such as illegal acquisition and provision of citizens' personal information are upstream crimes and surrounding black and gray industries for telecommunications and network fraud crimes, providing more convenient conditions for fraud criminals to commit precise fraud, and becoming a catalyst and booster for telecommunications and network fraud crimes.
For a long time, the people's courts have attached great importance to the security protection of citizens' personal information, conducted in-depth research on new situations and new problems in the protection of citizens' personal information, gave full play to the role of judicial functions, punished crimes of infringement of citizens' personal information in accordance with the law, and provided strong judicial guarantees for the protection of citizens' personal information.
First, improve legal norms and clarify legal basis. In 2017, the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens' Personal Information", which made comprehensive and systematic provisions on the application of legal issues such as the specific conviction and sentencing standards for infringement of citizens' personal information, especially increasing the punishment of industry "insiders" and clearly stipulated that if the "citizens obtained in the process of performing their duties or providing services to others", the number and amount of crimes shall be calculated in half. The "Opinions 1" and "Opinions 2" mentioned just now also make relevant provisions on the crime of infringing on citizens' personal information. For example, the "Opinion I" stipulates that using illegally obtained citizens' personal information to commit telecommunications and network fraud crimes will be punished with multiple crimes in accordance with the law; the "Opinion II" stipulates that illegally obtain, sell, provide Internet account passwords and personal biometric information with functions such as information release, instant messaging, payment settlement, etc. will be held criminally responsible for infringing on citizens' personal information. The above normative legal documents provide a specific and clear legal basis for punishing crimes of infringing on citizens' personal information in accordance with the law.
The second is to insist on punishing according to law and demonstrate the function of punishment. People's courts give full play to their judicial functions, earnestly carry out case trial work, and punish all kinds of crimes infringement of citizens' personal information in accordance with the law. From 2017 to June 2022, courts across the country concluded more than 15,000 crimes of infringement of citizens' personal information, and more than 31,000 defendants were sentenced to prison. In the case of the defendant Du Tianyu infringing on citizens' personal information heard by the Shandong court, Du Tianyu illegally obtained and provided Chen Wenhui's telecommunications network fraud gang with relevant personal information about Xu Yuyu, a female student who took the college entrance examination that year. Chen Wenhui and others defrauded Xu Yuyu's family of tuition raised by many sources, causing Xu Yuyu to die suddenly in extreme grief and anger. Du Tianyu was sentenced to six years in prison and a fine of 60,000 yuan for infringing on citizens' personal information. Chen Wenhui, the main culprit who directly committed the fraud, was sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property.
The third is to strengthen legal publicity and improve the level of prevention. While doing a good job in case trial, the people's court attaches great importance to explaining the law through cases and interpreting the law through cases. Through live trial broadcasts, concentrated verdicts, holding press conferences, publishing typical cases, and legal publicity into campuses and communities, it strengthens publicity and guidance for society, deters illegal and criminals, educates the masses to use legal weapons, safeguard their own rights and interests, and continuously enhances their awareness and ability to protect citizens' personal information.
In the next step, the people's courts will continue to give full play to the role of judicial functions, hear relevant cases in accordance with the law, promote effective industry supervision, strengthen source governance, and persist in the judicial protection of personal information.
First, continue to increase the punishment of crimes that infringe on citizens' personal information and effectively safeguard the security of the people's personal information. , especially those who illegally obtain and provide citizens' personal information and then commit telecommunications and network fraud crimes, will be resolutely punished according to law, completely cut off the criminal chain and eradicate the black and gray industry.
The second is to extend the judicial function and promote industry supervision of personal information. From the perspective of judicial practice, some enterprises and institutions have problems of illegally obtaining, overuse, and illegally trading personal information. The people's courts should support industry competent departments and relevant units to take practical and effective measures, improve the daily supervision and internal management mechanism of personal information, and provide strong judicial guarantees for effective supervision of the industry.
The third is to adhere to both the symptoms and the root causes and promote the source control of personal information. has frequent crimes of infringing on citizens' personal information, reflecting that the source governance of personal information must be effectively strengthened. People's courts should promote relevant subjects to collect, use and process personal information in accordance with the law, and protect the security of citizens' personal information and various legitimate rights and interests from the source.
3. Question: In recent years, the number of cases of "help and trust crime" has increased sharply, and some college students have even been involved in the case. What is the court’s judicial concept for hearing such cases? What measures should be taken to prevent such crimes?
Answer: The crime of helping information network crimes is one of the upstream crimes of telecommunications network fraud crimes. Judging from the situation reflected in judicial practice, it has become an important "accomplice" of telecommunications network fraud crimes. In recent years, with the effective implementation of the principle of comprehensive punishment, the number of telecommunications and network fraud cases cracked by public security organs has increased, and the number of helping criminal cases has also increased. The behavior of such crimes mainly includes illegally buying and selling of "two cards" (i.e. mobile phone cards and bank cards), providing cash out and withdrawal tools for crimes such as telecommunications and network fraud, and providing software tools. Judging from the age of the defendants involved in the case, nearly 90% of the defendants born in the 1980s and 1990s account for nearly 90%, and more than 55% of the defendants aged 18 to 28. Especially some minors, current students, and newly graduated college students involved in the case, which is very regrettable. Due to weak legal awareness and greed for small profits, this type of person sells and rents out his own "two cards" by being bewitched and tempted by criminals, and becomes "tool people". He adopts a laissez-faire attitude towards the crimes such as telecommunications and network fraud using the "two cards" provided by others, and ultimately violates the law.
While the people's court insists on severe punishment of telecommunications and network fraud crimes and their related crimes in accordance with the law, it will comprehensively consider the status and role of minors, current students, newly graduated college students, etc. that carry out information-promoting cybercrime activities, such as their status, subjective malice, personal danger, and confession and repentance. It will focus on education, influence and rescue, implement the criminal policy of combining leniency and severity, make full use of the leniency system for admitting guilt and accepting punishment, and leniency in accordance with the law, and maximize the policy within the legal framework.
Prevention of helping and trust crimes is a systematic project. While judicial organs resolutely crack down on and deter crimes in accordance with the law, relevant departments such as finance, telecommunications, Internet information, and market supervision need to perform their main supervision responsibilities in accordance with their duties, adhere to systematic concepts and rule of law thinking, pay attention to source governance and comprehensive governance, adhere to joint management and group prevention and control, and fully implement various measures to combat, prevent such crimes from the source.At the same time, it is necessary to further strengthen legal publicity and education, and widely publicize the dangers of helping the trust crimes in the whole society, especially for young people, popularize legal knowledge, educate the masses to resist temptations, grasp the bottom line, and stay away from helping the trust crimes.
●
One picture to understand: Anti-Telecom Network Fraud Law (with full text + answer reporters’ questions)
● "Two highs and one part" has been released! Opinions on the application of criminal procedure procedures for information cybercrime cases (with answers to reporters’ questions)
●
Zhou Jiahai Yu Haisong Li Zhenhua: Understanding and application of "Opinions on Several Issues Concerning the Application of Criminal Procedures for Handling Information cybercrime cases"
●
Ten kinds of telecommunications network fraud routines are exposed!
●
48 common telecommunications network fraud methods, collect it quickly!
●
Information-related cybercrime characteristics and trends Judicial big data special report is released
Statement: This article is reprinted from the WeChat public account of the "Supreme People's Court", thank you here!
Edit: Pan Yuanyuan
Typesetting: Wang Qiao
Review:
Liu Chang
