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以案释法 | 三人用练功钞调包赃款,“黑吃黑”涉两罪获刑
Xin Lang Cai Jing· 2026-02-28 02:45
次日,又有一笔5万余元的诈骗赃款转入吴某账户。坤仔按照计划携带练功钞与吴某接头,小邹则驾车 在附近接应。 因账户取款受限,吴某在银行柜台仅取出4万元现金。随后,他以上厕所为名,用练功钞调换其中2万元 真钞,并将调包后的现金交给在银行外等候的上家A先生(另案处理)。 由于账户内仍有余额未能取出,吴某与A先生遂前往另一银行。途中,吴某假称身份证遗落在上一家银 行,二人便返回寻找。 随后,在坤仔、小邹等人协助下,吴某摆脱上家A先生的监视,乘小邹的车逃离现场。事后,吴某分别 支付给小邹1000元、坤仔800元作为报酬。 明知是诈骗赃款,却贪图利益帮忙取现,甚至妄图"黑吃黑"用练功钞调换赃款获利,最终还是难逃法律 制裁。 近日,深圳市罗湖区检察院办理了一起涉嫌掩饰、隐瞒犯罪所得罪和盗窃罪的案件,法院依法判处3名 被告人八个月至一年四个月不等有期徒刑。 "调包计"露马脚 2025年5月,吴某经前狱友小邹的介绍,开始用自己的银行卡帮诈骗团伙收款并取现,从中牟利。首笔 49800元诈骗赃款到账后,吴某在取现交给上家时,发现对方并未清点现金。 这一细节让他觉得有机可乘,遂萌生了"黑吃黑"的念头。当晚,吴某便与小邹及另一同伙坤仔 ...
最高法:侵犯财产犯罪总量下降,但新型犯罪挑战凸显
Xin Lang Cai Jing· 2026-02-27 03:58
中经记者 封莉 北京报道 2月26日,最高人民法院刑四庭副庭长司明灯在最高法新闻发布会上表示,目前,最高法正在调研起草 关于审理敲诈勒索刑事案件的意见。《关于审理诈骗刑事案件的意见》目前正在征求意见中,将适时发 布。 据了解,近年来,全国各级人民法院持续加大对侵犯财产犯罪的打击力度。2021年至2025年,人民法院 新收一审侵犯财产犯罪案件127.3万件,审结127.1万件,有力打击和遏制了此类犯罪高发、多发态势。 刑法上的侵犯财产犯罪,是指刑法分则第五章所规定的抢劫、盗窃、诈骗、抢夺、聚众哄抢、侵占、职 务侵占、挪用资金、挪用特定款物、敲诈勒索、故意毁坏财物、破坏生产经营、拒不支付劳动报酬等13 种犯罪。侵犯财产犯罪案件历来在人民法院审理的全部刑事案件中占比很大,同时法律适用问题也相对 复杂。 侵犯财产犯罪总量下降,但新型犯罪挑战凸显 据司明灯介绍,五年来,全国侵犯财产犯罪案件数量呈现出疫情期间骤降,疫情后回升,再逐渐回落的 趋势。2021年一审收案27.9万件,2022年降到20.2万件,之后两年分别上升至24.8万件、28.3万件,去年 又降至27万件。从近十年看,我国侵犯财产案件收案量从2016年的3 ...
严惩侵犯财产犯罪 人民法院过去五年新收一审案件127.3万件
Xin Lang Cai Jing· 2026-02-26 02:38
责任编辑:秦艺 2月26日金融一线消息,最高人民法院举行新闻发布会,通报了依法惩处侵犯财产犯罪、积极加强诈骗 犯罪惩治、精准打击掩饰、隐瞒犯罪所得犯罪等相关工作情况。2021年至2025年,人民法院新收一审侵 犯财产犯罪案件127.3万件,审结127.1万件,有力打击和遏制了侵犯财产犯罪高发、多发态势,有效维 护了人民群众财产安全。多年来,诈骗犯罪始终居于人民法院新收刑事案件的前五位。2021年至2025 年,人民法院一审新收诈骗刑事案件从2022年最低5.2万件震荡上升至2024年的9.4万件,2025年也达到 9.3万件。此外,2021年至2025年,人民法院一审受理掩饰、隐瞒犯罪所得案28.6万件,审结28.5万件, 充分彰显人民法院对洗钱变现行为依法从严打击的鲜明态度。 2月26日金融一线消息,最高人民法院举行新闻发布会,通报了依法惩处侵犯财产犯罪、积极加强诈骗 犯罪惩治、精准打击掩饰、隐瞒犯罪所得犯罪等相关工作情况。2021年至2025年,人民法院新收一审侵 犯财产犯罪案件127.3万件,审结127.1万件,有力打击和遏制了侵犯财产犯罪高发、多发态势,有效维 护了人民群众财产安全。多年来,诈骗犯罪始 ...
同小区“邻居”帮忙开通网店,线下秘密“接头”套走了222万元现金
Xin Lang Cai Jing· 2026-02-08 14:25
Core Viewpoint - The article highlights the increasing sophistication of virtual currency scams, detailing a specific case involving multiple individuals who facilitated the fraud through a complex network of transactions and communications [1][3][9]. Group 1: Scam Mechanism - Criminals exploit the anonymity and complexity of virtual currency transactions to create intricate traps for victims, leading to significant financial losses [1]. - The scam involves a series of steps where victims are lured into believing they are engaging in legitimate virtual currency exchanges, only to be defrauded [2][3]. - The use of "hands" or intermediaries to collect cash from victims is a common tactic, allowing the main perpetrators to distance themselves from direct contact with the victims [3][8]. Group 2: Legal Proceedings - The Shanghai Pudong New District Prosecutor's Office filed charges against the accomplices, Wu and Zhang, for concealing and disguising criminal proceeds [9]. - The court sentenced Wu to four years in prison and a fine of 50,000 yuan, while Zhang received a sentence of one year and eight months along with a fine of 20,000 yuan [1]. - Evidence collected during the investigation, including chat records and transaction IDs, confirmed the fraudulent nature of the virtual currency exchanges [7][8]. Group 3: Investigation Insights - The investigation revealed a hidden route for transferring illicit funds, leading to the identification and arrest of the main suspects [3][8]. - The prosecutor's office emphasized the importance of understanding the criminal intent behind the actions of the accused, particularly regarding their knowledge of the fraudulent activities [8][11]. - The case illustrates the need for vigilance against scams involving large cash transactions and the importance of recognizing suspicious behaviors in financial dealings [12].
取得许可证后超范围跨区域销售走私烟
Xin Lang Cai Jing· 2026-01-13 16:41
Core Viewpoint - The case involves the illegal sale of smuggled cigarettes by an individual named Zhu, who initially faced charges of illegal business operations but was later convicted of concealing and disguising criminal proceeds after an appeal [1][2]. Group 1: Case Background - Zhu purchased smuggled and exported cigarettes without holding a valid retail license, selling them to a buyer named Wei, resulting in a total sales revenue of 3,684,851 yuan and a profit of at least 52,732 yuan [1]. - A total of 4,925.4 cartons of cigarettes were seized, with a purchase price of 725,896 yuan, including 19 counterfeit cartons and 45 cartons with fake trademarks [1]. Group 2: Court Findings - The Hainan Free Trade Port Intellectual Property Court found that Zhu held a valid tobacco retail license but exceeded its scope by engaging in cross-regional wholesale and retail of smuggled cigarettes [2]. - The court determined that Zhu knowingly purchased smuggled or counterfeit cigarettes and concealed criminal proceeds amounting to over 4 million yuan, leading to a conviction for concealing and disguising criminal proceeds [2]. Group 3: Sentencing - The initial sentence of seven years for illegal business operations was reduced to five years for concealing criminal proceeds, with a fine of 80,000 yuan imposed [2].
西安长安法院 | 两人“跑分”双双获刑!
Xin Lang Cai Jing· 2025-12-25 04:04
Core Viewpoint - The article highlights the dangers of engaging in illegal activities for quick financial gain, using the case of an individual named Wang Yi who became involved in money laundering related to online gambling and fraud [2][3]. Group 1: Criminal Activities - Wang Yi was lured by the promise of easy money through "running scores," which involved helping to transfer funds from online gambling and telecom fraud [2]. - He provided bank account information of others, referred to as "card farmers," to facilitate the transfer of illegal funds [2]. - Wang Yi and his accomplice, Li Er, knowingly participated in the transfer of criminal proceeds, which constituted a violation of Article 312 of the Criminal Law of the People's Republic of China [3]. Group 2: Legal Consequences - The court sentenced Wang Yi to one year and seven months in prison and Li Er to one year, along with fines and the recovery of illegal gains [3]. - The judge emphasized that even assisting in concealing or transferring criminal proceeds can lead to criminal liability, regardless of direct involvement in the initial crime [3]. Group 3: Public Awareness and Prevention - The article warns that many individuals fall into illegal activities due to the allure of easy profits, often presented by criminals as "high returns" [4]. - It encourages the public to critically assess the legality and legitimacy of such financial opportunities to avoid becoming complicit in crime [4]. - The message stresses the importance of adhering to the law and earning wealth through legitimate means, urging individuals to be informed and responsible citizens [4].
“工具人”帮助转移赃款被判刑
Xin Lang Cai Jing· 2025-12-23 19:08
Core Viewpoint - The article discusses a recent court case in Hainan Province involving a scam operation disguised as a high-paying job opportunity, highlighting the methods used by fraudsters to lure victims and the legal consequences faced by those involved in the crime [1] Group 1: Scam Operation Details - The scam involved a chat group named "精准扶贫专项资金对接打款" where participants were promised monetary rewards for recruiting others and providing bank account information [1] - The accused, Qian, was previously convicted and sought to earn 2,000 yuan by participating in the scam despite knowing it was illegal [1] - Victim Yang was lured into investing 100,000 yuan in a fake gold futures scheme, which led to the funds being transferred to the accounts of the accused [1] Group 2: Legal Proceedings and Sentencing - The court found Qian guilty of concealing and transferring criminal proceeds, resulting in a sentence of 2 years in prison and a fine of 15,000 yuan [1] - The court considered Qian's cooperation with law enforcement and partial restitution to the victim during sentencing [1] - The judgment included a combination of sentences for multiple offenses, reflecting the severity of the crime [1]
从“冠字号码”上找到突破口
Ren Min Wang· 2025-12-10 00:41
Core Points - The case involves a defendant, Ke, who was sentenced to 18 months in prison for concealing and disguising criminal proceeds related to a fraud case, with the sentence combined to a total of 2 years due to prior probation violations [1] - The investigation revealed that Ke exchanged cash for U-Currency (a virtual currency pegged to the US dollar) in a suspicious manner, indicating knowledge of the illicit nature of the funds [2] - Key evidence included a video showing large stacks of cash, which was linked to the victim's bank withdrawal records, confirming the source of the funds as fraudulent [2][3] Group 1 - Ke was found guilty of concealing criminal proceeds and was sentenced to 2 years in prison after a previous probation was revoked [1] - The investigation utilized video evidence to trace the cash back to the victim, establishing a direct link to the fraudulent activity [2] - The choice of location and timing for the cash exchange raised suspicions about Ke's awareness of the criminal nature of the funds [2] Group 2 - The court accepted the prosecution's evidence and sentencing recommendations, leading to a conviction that was upheld [3] - Ke initially denied involvement but ultimately confessed in court after the evidence was presented [3]
“借钱”作幌“投资”为名,一大型超市高管受贿逾700万落网
Xin Jing Bao· 2025-11-21 07:09
Core Viewpoint - A significant bribery case involving a senior executive of a large chain supermarket in Shanghai has been uncovered, revealing a scheme where the executive solicited substantial "loans" from suppliers, amounting to over 7 million yuan, disguised as friendly financial transactions [1][2]. Group 1: Case Details - The investigation began after numerous anonymous complaints targeted the supermarket's East China operations head, who was found to have intervened in bidding processes for personal gain [1]. - The executive, identified as Guan, requested over 3 million yuan from a logistics supplier during a critical contract renewal period, without any formal loan agreements, which indicated a clear violation of normal lending practices [1]. - Guan's actions were characterized as a form of "buying road money" to secure business opportunities, as he promised continued business in exchange for the funds [1]. Group 2: Background and Methodology - Prior to his promotion, Guan had established a relationship with the supplier, who initially used gifts to gain favor, which escalated into blatant bribery over time [1]. - The investigation revealed that Guan regularly solicited funds under various pretexts, accumulating a total of over 7 million yuan from the supplier by the time of the case's exposure [1][2]. Group 3: Legal Consequences - Guan has been arrested for accepting bribes, while the supplier has been charged with bribing a non-state worker, and an accomplice has been implicated for concealing the illicit funds [2]. - Authorities emphasized that such internal corruption not only harms corporate interests but also undermines fair market competition, urging companies to strengthen internal controls to combat corruption [2].
两高司法解释精准打击电信网络诈骗犯罪
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate have jointly issued a legal interpretation aimed at more precisely combating downstream crimes related to telecommunications and online fraud, effective from August 26, 2023 [1]. Group 1: Legal Interpretation Details - The interpretation consists of 12 articles that address the crime of concealing and disguising criminal proceeds, which is closely linked to telecommunications fraud and online gambling [1]. - The crime of concealing and disguising criminal proceeds has seen a shift in its primary associated crime from theft to fraud, particularly telecommunications fraud [1]. - The interpretation emphasizes strict legal standards for determining "knowledge of criminal proceeds," aiming to prevent the over-expansion of criminal liability [1]. Group 2: Criteria for Judging Social Harm - The interpretation outlines that the social harm of the crime should be assessed based on upstream and downstream relationships, subjective malice, methods of conduct, amounts involved, and criminal consequences [2]. - It allows for the prosecution of smaller amounts of concealing and disguising criminal proceeds if they are closely related to upstream crimes and have severe consequences [2]. - Conversely, larger amounts that are loosely connected to upstream crimes may not be prosecuted or may receive leniency [2]. Group 3: Penalty Standards - The interpretation optimizes the standards for aggravated penalties, distinguishing between serious crimes like illegal mining and other offenses, with specific monetary thresholds set at 5 million and 500,000 yuan respectively [2]. - A new provision encourages cooperation with judicial authorities in tracing upstream crimes, allowing for reduced penalties for those who assist in recovering losses [2].