帮助信息网络犯罪活动罪
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西安长安法院 | 两人“跑分”双双获刑!
Xin Lang Cai Jing· 2025-12-25 04:04
"动动手指就能赚钱!" "帮忙取个钱就有好处费!" "这样的好事可是天上掉馅饼,确定不尝试一下吗?"在日常生活中,你是否抵挡得住这样的"诱惑"?但 是,你可不要以为这只是一个简简单单的"小忙"而已。这不,隔壁村的王一(化名)因贪图利益,看到 网上"跑分"赚钱的信息,十分心动,想着不过是帮忙转转账、取取钱,既轻松又来钱快,结果一头栽进 了违法犯罪的深渊…… 实际上,王一所谓的"跑分"就是帮助上线将网络赌博、电信诈骗等资金领取并转移。为了赚取所谓 的"跑分"佣金,王一与"上线"取得联系,开始按照指示操作。 他首先联系小A、小B、小C将三人的银行卡号码提供给上线用以转移网络赌博、电信诈骗的违法所 得,上述三人就成了他们口中的"卡农"。等"卡农"银行卡收到违法资金后,王一再将"卡农"们带往银行 取现,并将钱收集齐交给其上线。 王一不仅自己贪图利益参与其中,还在取现的时候联系李二(化名)帮忙开车,顺便看守"卡农",防 止"卡农"带钱跑路。而李二明知王一等人所取的现金系违法犯罪资金的情况下,仍开车带人去银行取 现,方便王一将钱转给上线。 一次两次,三次四次,王一和李二明知是犯罪所得而予以转移,其行为均已触犯《中华人民共和 ...
“工具人”帮助转移赃款被判刑
Xin Lang Cai Jing· 2025-12-23 19:08
(来源:法治日报) □ 本报记者 邢东伟 翟小功 "帮忙拉人进群就有钱拿""借用一下银行卡而已,没事的"……看似简单的"高 薪工作",其实是诈骗团伙精心设计的陷阱。近日,海南省洋浦经济开发区人民法院开庭审理一起掩 饰、隐瞒犯罪所得罪案件并当庭宣判。 法院查明,2025年6月,被告人钱某在被拉入名为"精准扶贫专 项资金对接打款"的聊天群后,在该群中结识了周某。聊天期间,周某让其提供银行卡供转账使用,并 承诺钱某每拉一人进群并提供银行卡就可获得红包2000元。 钱某有犯罪前科,其银行卡无法使用,可 仍想赚取2000元钱。她与王某聊天过程中,向其介绍了在网上注册领取扶贫资金一事,王某按照钱某的 操作,用手机下载软件并加入群聊,按照指示在群内签到。一段时间后,周某联系王某,称只要提供银 行卡协助转账事宜,就给一定"好处费",王某答应了。 2025年8月,被害人杨某受某网友"知道交易内 幕,购买黄金期货赚钱"的宣传引诱,在其推荐的网站上购买了10万元的黄金期货,后发现钱无法取 出。原来,该网站并非真实的官方网站。这笔诈骗款辗转进入了王某的银行账户中,随后钱某监督王某 将10万元赃款取出,并存入周某的指定银行账户中。 被 ...
被删的聊天记录成为破局铁证
Ren Min Wang· 2025-12-03 00:42
一部被"遗忘"的手机里,藏着足以推翻谎言的关键证据。当检察官拨开迷雾,那些被删掉的聊天记 录和转账截图,便化作直指真相的利刃,让罪恶无处遁形。 面对从手机深处"复活"的真相,王某与韩某的辩解苍白无力。检察机关认为犯罪嫌疑人王某、韩某 的犯罪行为事实清楚、证据确实充分,遂以涉嫌帮助信息网络犯罪活动罪对2人提起公诉,并将相关电 子数据的存储介质一并移送法院。最终,法院采纳了检察机关的公诉意见和量刑建议,以犯帮助信息网 络犯罪活动罪分别判处王某有期徒刑九个月、韩某有期徒刑一年一个月。 被删除的"电子记忆"为何能成为击破犯罪的铁证? 办案检察官告诉记者,此类新型网络犯罪主观认定难,犯罪分子常以"不知情""获利少"为由脱罪。 技术手段此时成为破局关键。通过对数据"交叉验证",使不同设备、不同联系人的聊天记录互相印证, 像拼图一样还原出完整的犯罪链条。同时,在电子数据的协助下,亲密联系人成为案件突破口,犯罪分 子与亲友的聊天记录特别是转账截图,成为"自曝"铁证。 近日,辽宁省葫芦岛市检察院召开检察官联席会议,以丁某等人帮助信息网络犯罪活动案的电子数 据取证工作为例,分享了检察技术部门的履职过程。会议还系统剖析了当前帮信犯 ...
导致医院挂号系统崩溃 “黄牛”研发抢号软件牟利获刑
Zhong Guo Qing Nian Bao· 2025-10-29 01:46
Core Viewpoint - The article discusses the collapse of the appointment system at Wuhan Children's Hospital due to the exploitation of software developed by "scalpers" to illegally secure medical appointments, leading to legal consequences for the perpetrators [1][2][3]. Group 1: Incident Overview - On July 5, 2024, the appointment system of Wuhan Children's Hospital experienced a 45-minute outage, preventing patients from making reservations through the official WeChat mini-program [1]. - The system was overwhelmed by a surge in access requests, with the hospital's system designed to handle up to 100,000 visits but facing actual traffic in the hundreds of thousands [2]. - The hospital reported that three patients successfully booked appointments for the same specialist, indicating the use of malicious software to monopolize appointment slots [2][3]. Group 2: Perpetrators and Their Methods - Nine individuals from four groups were convicted for crimes related to the disruption, with sentences ranging from 10 months to 1 year and 1 month [1][3]. - The software developed by the scalpers could refresh and click to secure appointments at a rate of 100 times per second, significantly outpacing the manual efforts of regular patients [4][5]. - The groups involved had distinct roles, including software development, operation, and reselling of appointment slots, with some members being IT professionals and graduates from prestigious universities [3][6]. Group 3: Financial Implications - The scalpers charged patients a markup ranging from 50 to several hundred yuan for appointment slots, with some selling at prices between 120 and 600 yuan [6][7]. - The illegal activities not only generated significant profits for the scalpers but also severely impacted the ability of regular patients to access necessary medical care [7][8]. Group 4: Legal Consequences and Recommendations - The court ruled against the scalpers, confiscating their illegal gains and imposing prison sentences, with the totality of their actions deemed as a serious disruption to the hospital's operations [8][9]. - Following the incident, recommendations were made to improve the security of the hospital's online appointment system, including limiting access frequency and implementing advanced verification methods [9].
“客服”热情指导 “约会”要先充值?警方:这是电诈连环套
Yang Shi Xin Wen· 2025-09-23 06:12
Core Viewpoint - The article highlights a case of telecom fraud initiated through a small advertisement on a vehicle's mirror, leading the victim into a series of scams involving fake dating services and financial exploitation [1][3][5]. Group 1: Fraud Mechanism - The victim, Mr. Li, discovered a pornographic advertisement on his car and, out of curiosity, searched the provided URL, which led him to download a fraudulent app [1]. - A self-proclaimed customer service representative contacted Mr. Li, enticing him with images of scantily clad women and requiring him to pay a membership fee to access more features [3][5]. - The scam escalated as Mr. Li was manipulated into making multiple payments under the guise of completing tasks to meet potential dates, with the amounts increasing significantly over time [7]. Group 2: Police Investigation - After Mr. Li reported the fraud, police reviewed public surveillance footage to identify suspects who were seen placing advertisements on vehicles during the night [9][11]. - The investigation revealed a group of individuals who systematically targeted parked cars, leading to the identification and arrest of several suspects involved in the scam [11][13]. - Authorities confiscated multiple devices and materials used in the operation, including phones and printers, indicating a well-organized scheme [13][15]. Group 3: Criminal Operations - The suspects admitted to being lured by high-paying job offers online, which led them to engage in this fraudulent activity [13]. - They typically printed hundreds of advertisements each night and distributed them in targeted areas, demonstrating a coordinated effort to maximize their reach [15]. - The police emphasized the importance of combating such scams to protect the public and maintain urban safety, urging citizens to be cautious with suspicious advertisements and QR codes [17].
依法惩治掩饰、隐瞒犯罪所得等犯罪,两高发布典型案例
Xin Hua She· 2025-08-25 13:58
Core Insights - The Supreme People's Court and the Supreme People's Procuratorate have released typical cases to clarify the legal issues surrounding the concealment and disguise of criminal proceeds, particularly in the context of virtual currencies and large gold transactions [1][2] Group 1: Criminal Methods - Criminals are increasingly using blockchain technology and virtual currencies to obscure the origins and nature of illicit funds, facilitating rapid fund transfers and evasion of law enforcement [1] - The use of large gold transactions for concealing criminal proceeds has become a common method across various regions, as evidenced by cases where individuals knowingly participated in such transactions [1] Group 2: Legal Cases and Judgments - In the case of "An Certain et al.," defendants used a network trading platform to convert criminal proceeds into virtual currency, leading to convictions for the crime of concealing criminal proceeds, with severe penalties imposed [1] - In the case of "Chen Certain," the defendant knowingly purchased stolen steel plates at significantly undervalued prices, resulting in illegal profits exceeding 6 million yuan, and was sentenced to six years in prison [2] Group 3: Judicial Clarifications - The distinction between aiding information network criminal activities and concealing criminal proceeds has been a significant challenge in judicial proceedings, prompting the need for clear legal definitions and applications [2] - The release of these typical cases aims to enhance the efficiency and effectiveness of handling criminal cases related to the concealment of criminal proceeds, thereby reinforcing the role of criminal justice in punishing crime and protecting the public [2]
最高法、最高检、公安部发布意见——明确办案标准 精准打击帮信犯罪
Ren Min Ri Bao· 2025-07-28 22:02
Group 1 - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security issued opinions on handling criminal cases related to aiding information network crimes, providing clearer standards for conviction and sentencing [1][2] - The opinions consist of five parts and sixteen articles, addressing the overall requirements for handling aiding crimes, accurately identifying aiding crimes, and maintaining comprehensive governance [1][3] - The opinions clarify the subjective knowledge standards for aiding crimes, the criteria for serious circumstances related to "two-card" crimes, and the differentiation between aiding crimes and related offenses such as concealment and fraud [1][2] Group 2 - The opinions adjust the standards for recognizing serious circumstances in "two-card" crimes, specifying that selling or renting three bank accounts or payment accounts meets the serious criteria, and any sale or rental of over 20 phone cards is also considered serious [2] - The opinions emphasize a balanced approach to criminal policy, advocating for strict penalties for organized and professional aiding crimes while allowing leniency for minors and those at the end of the criminal chain [2][3] - Specific rules and measures for implementing judicial recommendations, enforcing occupational bans, and conducting legal education are detailed in the opinions [3]
两高一部发布帮信犯罪指导意见 调整“情节严重”认定标准
Zhong Guo Jing Ying Bao· 2025-07-28 16:08
Core Viewpoint - The article highlights the increasing prevalence of telecommunications fraud and the legal measures being implemented to combat it, including a recent case involving a telecommunications operator who facilitated fraud by issuing multiple phone cards [1][2]. Group 1: Legal Actions and Cases - A telecommunications operator was sentenced to 8 months in prison and banned from related work for 5 years after issuing 24 phone cards used in fraud, resulting in over 94,000 yuan in losses to victims [1]. - The Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security jointly released guidelines to clarify the legal standards for prosecuting those who assist in information network crimes [2][3]. Group 2: Crime Trends and Challenges - The rise of telecommunications fraud has led to the emergence of a black and gray industry, with associated crimes posing significant threats to network security and social stability [2]. - The characteristics of those involved in assisting such crimes have shifted, with a notable increase in younger, less educated individuals, including minors and students, becoming involved [2][3]. Group 3: New Guidelines and Policies - The newly issued guidelines consist of 5 parts and 16 articles, addressing the overall requirements for handling crimes related to assistance in information network crimes and clarifying the standards for recognizing such crimes [3][4]. - The guidelines establish clear criteria for determining the severity of crimes involving phone and bank cards, with specific thresholds for actions such as selling or renting multiple accounts [4][5]. Group 4: Collaborative Efforts - The guidelines emphasize the need for collaboration among various sectors, including finance, telecommunications, and education, to effectively combat information network crimes [5].
依法惩治电诈“帮凶”!两高一部进一步明确帮信犯罪办案标准
Xin Hua She· 2025-07-28 06:49
Group 1 - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have issued opinions on the judicial application of crimes related to assisting information network criminal activities, providing clearer standards for conviction and sentencing [1] - The crime of assisting information network criminal activities was established in November 2015, and despite efforts to combat it, the number of cases involving "two cards" (phone cards and bank cards) remains high, with notable characteristics of professionalization and cross-border nature [1] - The opinions consist of five parts and sixteen articles, addressing overall requirements for case handling, legal recognition of assisting crimes, accurate understanding of criminal policies, and comprehensive governance [1] Group 2 - The opinions emphasize a balanced criminal policy, specifying circumstances for strict and lenient enforcement, particularly targeting organized, professional, and cross-border criminal activities [2] - There are provisions for leniency towards minors, students, and individuals at the end of the criminal chain with lighter circumstances [2] - The opinions also address the need for effective coordination between law enforcement and judicial recommendations, particularly concerning "insiders" who exploit their professional roles to commit crimes [2]