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华商基金-2025年金融教育宣传周主题知识长图--一图读懂电信网络诈骗
Xin Lang Ji Jin· 2025-09-15 09:00
Group 1 - The article discusses the rise of telecom network fraud, which involves using telecommunications technology to illegally obtain public and private property through remote and non-contact methods [1] - It highlights various types of scams, including those that exploit romantic relationships through dating platforms and social media to gain victims' trust before leading them to fraudulent investment platforms [3][5] - New AI technologies are being utilized in scams, such as AI-generated voice synthesis and deepfake technology, which can impersonate individuals to deceive victims [9][10] Group 2 - Recommendations for protecting personal information include not sharing sensitive data like ID numbers and addresses, and minimizing the exposure of personal photos and videos [11][12] - It is advised to set complex passwords for banking services and not to disclose or forward verification codes to anyone [15] - The article emphasizes the importance of verifying requests for money transfers, especially from acquaintances, through multiple methods to confirm their identity [16]
出租出借银行卡当心涉嫌帮信罪(以案说法)
Ren Min Ri Bao· 2025-08-30 23:20
Group 1 - The case involves a student, Gao, who engaged in money laundering activities by renting out bank cards for telecom network fraud, leading to over 500,000 yuan in illicit funds flowing through the cards within two months [1] - Gao recruited fellow students, Guo and Shi, to participate in the scheme, where they each opened and rented out three bank cards [1] - The judicial authorities decided not to prosecute Guo due to his status as a student and minor role in the crime, while Shi was conditionally not prosecuted; Gao was prosecuted for aiding information network crime and sentenced to eight months in prison with a one-year probation and a fine of 5,000 yuan [1][2] Group 2 - The crime of aiding information network activities, known as "aiding crime," can lead to imprisonment of up to three years or detention, along with fines if the individual knowingly provides support for criminal activities [2] - Judicial authorities determined that Guo and Shi should have been aware that their actions were aiding illegal activities, despite Gao not explicitly stating the cards were for fraud [2] - Recent legal interpretations have clarified the conditions under which individuals can be deemed to have "knowledge" of their involvement in aiding network crimes, including actions taken after being flagged by financial institutions [2] Group 3 - Legal authorities warn against renting or selling personal information-related items such as ID cards, phone cards, and bank cards, as involvement in such activities can lead to becoming an accomplice in crimes [3]
出售出租银行卡电话卡?当心帮信罪
Jing Ji Wang· 2025-07-31 06:32
Core Viewpoint - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have issued opinions on handling criminal cases related to aiding information network crimes, emphasizing the need for public awareness to avoid falling into the trap of aiding crimes [1][2]. Group 1: Characteristics of Aiding Crimes - Aiding information network crime (referred to as "aiding crime") has been a new criminal offense since the amendment of the criminal law in November 2015, with a significant rise in related criminal activities forming a black-gray industrial chain [2]. - The current defendants in aiding crimes exhibit characteristics of being younger, less educated, lower income, and a high proportion of first-time offenders, with over 80% of defendants under 35 years old and one-third under 25 years old, particularly involving minors and students [2][3]. Group 2: Legal Treatment and Sentencing - The opinions clarify a balanced approach to sentencing, advocating for leniency towards minors, students, and those at the end of the criminal chain with lighter circumstances, while ensuring that leniency does not equate to impunity [3][4]. - In a case involving a student who knowingly rented out bank cards for criminal activities, the individual received an eight-month prison sentence with a one-year probation, while others involved were either not prosecuted or conditionally not prosecuted [3]. Group 3: Strict Punishment for Serious Offenders - The opinions specify that for organized, professional, and cross-border aiding crimes, as well as for organizers and key members, strict penalties will be enforced [4][5]. - The document outlines scenarios for severe punishment, including cross-border illegal technical support and the use of advanced AI technologies in committing crimes [4]. Group 4: Comprehensive Recognition and Prevention - The recognition of aiding crimes requires careful assessment of whether individuals were aware of their involvement in criminal activities and whether their actions meet the criteria for severe circumstances [6][7]. - The opinions emphasize the need for a comprehensive understanding of the subjective awareness of the individuals involved and the severity of the circumstances to avoid blanket judgments [7]. Group 5: Addressing Internal Corruption - The case of an insider from a telecommunications company who assisted in criminal activities highlights the need for strict penalties and professional bans for such individuals, alongside recommendations for improved internal oversight within organizations [8][9]. - The approach to combating aiding crimes is described as a systematic project that requires both strict enforcement of laws and comprehensive governance strategies [8][9].
出售出租银行卡电话卡?当心掉进帮信罪的坑
Xin Hua She· 2025-07-29 13:42
Core Viewpoint - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have issued opinions on handling criminal cases related to aiding information network crimes, emphasizing the need for public awareness to avoid falling into the trap of aiding crimes [1][2]. Group 1: Characteristics of Aiding Crimes - Aiding information network crime (referred to as "aiding crime") has been a newly added crime since the implementation of the Criminal Law Amendment (Nine) in November 2015 [2]. - The current defendants in aiding crimes exhibit characteristics of being younger, less educated, and lower income, with over 80% of defendants under 35 years old and one-third under 25 years old, particularly involving minors and students [2][3]. - Criminal groups are increasingly recruiting individuals from vulnerable groups, including minors and students, to assist in criminal activities [2]. Group 2: Legal Treatment and Sentencing - The opinions stress a balanced approach to sentencing, advocating for leniency towards minors, students, and those at the end of the criminal chain with lighter circumstances, while ensuring that leniency does not equate to impunity [3][4]. - In a case involving a student who knowingly assisted in criminal activities, the individual received an eight-month prison sentence with a one-year probation, while others involved were either not prosecuted or received conditional non-prosecution [3]. Group 3: Strict Punishment for Serious Offenders - The opinions outline strict penalties for organized, professional, and cross-border aiding crimes, as well as for key figures such as organizers and planners [4][5]. - Specific circumstances warranting severe punishment include providing illegal technical support across borders and using advanced technologies for criminal activities [4]. Group 4: Comprehensive Governance and Prevention - The opinions highlight the increasing difficulty in combating aiding crimes, with a notable rise in cases involving "two cards" (bank cards and phone cards) and a trend towards professionalization and cross-border operations [5][6]. - The recognition of whether an individual "knew" about the criminal activities and whether the circumstances were "serious" is crucial for determining guilt in aiding crimes [6][7]. - The opinions emphasize the need for a comprehensive governance strategy, addressing both the symptoms and root causes of aiding crimes, and implementing systemic measures to prevent future occurrences [8][9].
坚持惩治与预防相结合依法打击帮信犯罪
Core Viewpoint - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have issued opinions on handling criminal cases related to aiding information network crimes, emphasizing the importance of both punishment and prevention in combating telecom and internet fraud [1][2]. Group 1 - The opinions clarify the criteria for determining whether an individual is "aware that others are using the information network to commit crimes" and whether they are "providing assistance for others to commit crimes" [2]. - The opinions specify that the threshold for "serious circumstances" in aiding crimes involving "two cards" must be assessed based on the amount of criminal funds involved, rather than solely on the individual's actions [2]. - The standard for "serious circumstances" has been adjusted to include the sale or rental of three bank accounts or payment accounts, rather than just one, to tighten the legal framework [2]. Group 2 - The Supreme People's Court will collaborate with public security and procuratorial agencies to implement the opinions effectively, enhancing inter-departmental cooperation [3]. - The court will issue judicial recommendations when systemic risks are identified in financial, telecommunications, and internet sectors, aiming to prevent issues before they escalate [3]. - The approach will shift from reactive measures to a balanced strategy of prevention, control, and punishment to comprehensively address aiding crimes [3].
帮信罪低龄化问题突出 最高法:对未成年人、在校生可依法从宽
Core Viewpoint - The rise of information network crimes, particularly "helping information network crime" (referred to as "帮信罪"), has become a significant issue, with a notable increase in cases involving young offenders, prompting legal reforms to address these challenges [1][2]. Group 1: Legal Reforms and Guidelines - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued guidelines to clarify the subjective knowledge standards for "帮信罪" and emphasize a balanced approach to punishment, particularly for minors and students [1][2]. - The new guidelines consolidate previous regulations and clarify the standards for determining the severity of "帮信罪," especially concerning cases involving "two cards" (phone and bank cards), which constitute about 80% of all such crimes [2][3]. Group 2: Crime Trends and Characteristics - The crime patterns related to "two cards" have evolved, with organized crime groups becoming more sophisticated, leading to a significant number of illegal card operations being dismantled [4]. - The demographic profile of offenders shows a concerning trend, with over 80% of defendants being under 35 years old and one-third being under 25, indicating a low age, low education, and low income among offenders [5][6]. Group 3: Enforcement and Accountability - The guidelines emphasize the need for strict accountability for industry insiders who facilitate these crimes, with specific measures for professional bans for those convicted of "帮信罪" [4][5]. - The judicial approach aims to differentiate between the roles of offenders, advocating for harsher penalties for organizers and planners while considering leniency for minors and less culpable participants [5][6].
专访最高法刑三庭庭长陈鸿翔:加强AI深度伪造等研究,适时出台规范性法律文件
21世纪经济报道· 2025-03-07 10:35
Core Viewpoint - The rapid advancement of AI technology, while expanding creative possibilities, has also facilitated the rise of sophisticated scams, necessitating enhanced regulatory measures and legal frameworks to combat these emerging threats [1][4][5]. Group 1: Trends in Cybercrime - The number of telecom network fraud cases has been increasing, with over 40,000 cases and more than 82,000 defendants adjudicated in 2024, marking a year-on-year increase of 29.4% and 26.7% respectively [4]. - Cybercriminal organizations are becoming more organized, large-scale, and group-oriented, with some operating as major criminal syndicates that effectively deceive victims [4][5]. - The trend of younger individuals, including students, becoming involved in cybercrime is notable, with a significant rise in cases related to telecom fraud and assistance in cybercrime activities [13]. Group 2: Challenges in Judicial Response - The use of AI technologies in scams presents significant challenges for law enforcement, including difficulties in evidence collection and case processing due to the sophisticated nature of these crimes [5][6]. - There is a pressing need for legal frameworks to evolve in response to the rapid development of technology, as existing regulations are often outdated and insufficient [5][6]. - The need for enhanced public awareness and prevention strategies is critical, especially as scammers increasingly target vulnerable populations [5][6]. Group 3: Regulatory and Legal Measures - The Supreme Court plans to strengthen legal support by developing timely regulatory documents to ensure accurate identification and comprehensive punishment of telecom fraud crimes [6][8]. - A focus on improving legal literacy and public awareness campaigns is essential to empower citizens to recognize and avoid scams [6][7]. - The establishment of a robust tracking and tracing system for deepfake technology is necessary to prevent misuse and facilitate accountability [10]. Group 4: International Cooperation - There is an emphasis on enhancing international cooperation to combat cross-border telecom fraud, including the establishment of information-sharing mechanisms and joint law enforcement actions [7][8]. - The development of advanced anti-fraud technologies and platforms is crucial for improving detection and prevention capabilities against international fraud networks [7].