隐瞒犯罪所得罪
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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 ...
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- Ke was found guilty of concealing criminal proceeds and was sentenced to 2 years in prison after a previous probation was revoked [1] - The investigation utilized video evidence to trace the cash back to the victim, establishing a direct link to the fraudulent activity [2] - The choice of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]
虚拟货币异常交易涉嫌犯罪,北京一男子因协助转移赃款获刑
Xin Jing Bao· 2025-08-26 12:45
Group 1 - A recent case in Beijing highlights the legal consequences of using virtual currencies to conceal and transfer criminal proceeds, with a defendant sentenced to three and a half years in prison for assisting in the transfer of 200,000 RMB in fraudulently obtained funds [1] - The court found that the defendant, Liu, knowingly sold USDT to an individual aware that the cash involved was criminal proceeds, which led to the conviction for the crime of concealing and disguising criminal proceeds [1] - The ruling emphasized that the total value of concealed criminal proceeds exceeding 100,000 RMB qualifies as "serious circumstances," resulting in Liu's sentence and a fine of 40,000 RMB [1] Group 2 - Judges noted that such crimes are characterized by a profit-driven mentality and a false sense of security, as criminals often underestimate the legal repercussions of their actions [2] - The judiciary warns the public to be cautious of unusual virtual currency transactions that deviate from market prices, involve rapid large transactions, or employ covert operations, as these may indicate illicit activities [2] - Individuals knowingly assisting in the conversion or transfer of criminal proceeds may face severe criminal penalties under Chinese law, specifically Article 312 of the Criminal Law [2]
什么情况?顾客买黄金,店主被判刑?
Sou Hu Cai Jing· 2025-08-26 08:41
Group 1 - The case highlights the risks associated with large transactions in the gold industry, particularly regarding money laundering and the concealment of criminal proceeds [1][6] - The jewelry store owner, despite being warned about suspicious customer behavior, continued to facilitate transactions, ultimately leading to legal consequences [2][4] - The case serves as a warning to other businesses in the gold sector to adhere to anti-money laundering regulations and to be vigilant in identifying potentially illicit transactions [4][6] Group 2 - The legal framework under which the store owner was prosecuted emphasizes the seriousness of knowingly facilitating transactions involving criminal proceeds [6] - The increasing trend of criminals using gold purchases to launder money underscores the need for stricter compliance measures within the industry [6] - The case illustrates the importance of understanding legal obligations and the potential repercussions of neglecting due diligence in financial transactions [6]
两高发布一批典型案例
Xin Hua She· 2025-08-26 02:33
Core Viewpoint - 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 virtual currencies and large gold transactions to conceal the origins and nature of illicit funds, leveraging blockchain technology and virtual spaces for rapid fund transfers [1] - In a specific case, defendants used a network trading platform to convert criminal proceeds into virtual currency, facilitating quick transfers to evade law enforcement [1] - The use of large gold transactions for concealing criminal proceeds has become a common method across various regions, as demonstrated in a case where a defendant knowingly assisted in such transactions [1] Group 2: Legal Proceedings and Judgments - In a case involving the purchase of stolen steel plates, the defendant was sentenced to six years in prison for knowingly acquiring goods of unknown origin at significantly below market value, resulting in illegal profits exceeding 6 million yuan [2] - The distinction between aiding information network crimes and the concealment of criminal proceeds has posed challenges in judicial proceedings, necessitating careful consideration of the defendant's knowledge and actions [2] - The release of these typical cases aims to enhance the effectiveness of handling criminal cases related to the concealment of criminal proceeds, ensuring proper application of the law [2]
明确规则,惩治掩饰、隐瞒犯罪所得犯罪
Ren Min Ri Bao· 2025-08-25 22:27
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate jointly released an interpretation regarding the handling of criminal cases related to concealing and disguising criminal proceeds, effective from August 26, 2025, aiming to clarify judicial rules and unify legal application [1]. Group 1: Legal Framework and Context - The crime of concealing and disguising criminal proceeds is the most prevalent type of money laundering crime, closely linked to telecom fraud and online gambling [1]. - From 2020 to 2024, prosecutors initiated 230,200 cases of this crime, while courts concluded 220,900 first-instance cases, effectively deterring upstream crimes such as telecom fraud and online gambling [1]. Group 2: New Challenges and Legal Adaptations - The evolving nature of crime, including more sophisticated methods and the shift from theft to fraud, particularly telecom fraud, presents new challenges for legal application [2]. - The interpretation clarifies that any actions that conceal or disguise criminal proceeds, such as transferring funds or converting assets, fall under the scope of the law [2]. Group 3: Standards for Criminal Liability - The interpretation emphasizes strict adherence to the requirement of "knowing the proceeds are criminal" and modifies the standards for determining this knowledge to prevent overreach in criminal prosecution [3]. - A comprehensive assessment of social harm will be used to determine criminal liability, considering factors such as the relationship to upstream crimes, subjective malice, methods used, amounts involved, and consequences [3]. Group 4: Penalty Guidelines - The interpretation introduces differentiated standards for severe cases based on the type of upstream crime, setting thresholds of 5 million and 500,000 yuan for aggravated penalties [3]. - It also includes provisions for leniency in sentencing for individuals who significantly assist in tracing upstream crimes, encouraging cooperation in recovering losses [4].
“两高”发布司法解释—— 明确规则,惩治掩饰、隐瞒犯罪所得犯罪
Ren Min Ri Bao· 2025-08-25 21:52
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate jointly released an interpretation regarding the handling of criminal cases related to concealing and disguising criminal proceeds, effective from August 26, 2025, aiming to clarify judicial rules and unify legal application [1]. Group 1: Legal Framework and Context - The crime of concealing and disguising criminal proceeds is the most prevalent type of money laundering crime, closely linked to telecom fraud and online gambling [1]. - From 2020 to 2024, prosecutors initiated 230,200 cases of this crime, while courts concluded 220,900 first-instance cases, effectively deterring upstream crimes such as telecom fraud and online gambling [1]. Group 2: New Challenges and Legal Adaptations - The evolving nature of crime, including more sophisticated methods and organized structures, has led to new challenges in applying the law regarding concealing and disguising criminal proceeds [2]. - The interpretation clarifies that the methods of crime include various actions that can conceal or disguise criminal proceeds, such as intermediary transactions, holding, using, and transferring funds [2]. Group 3: Subjective Elements and Judgement Standards - The interpretation emphasizes strict legal recognition of the subjective element of "knowing it is criminal proceeds," aiming to prevent the over-expansion of criminal liability [3]. - A comprehensive assessment standard is maintained for determining criminal liability, considering factors such as the relationship with upstream crimes, subjective malice, methods used, amount involved, and consequences [3]. Group 4: Penalty Standards and Mitigating Circumstances - The interpretation optimizes the standards for determining "serious circumstances" for increased penalties, setting thresholds of 5 million and 500,000 yuan based on the type of upstream crime [3]. - It introduces mitigating circumstances for those who significantly assist in tracing upstream crimes, encouraging cooperation in recovering losses for the public [4].
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]
不做犯罪“工具人”!最高法发布掩隐罪典型案例
21世纪经济报道· 2025-08-25 11:29
Core Viewpoint - Money laundering crimes severely threaten national security and financial safety, with the crime of concealing and disguising criminal proceeds being the most prevalent in practice [1]. Summary by Sections Overview of Money Laundering Crimes - From 2020 to 2024, prosecutorial authorities filed 230,200 cases of concealing and disguising criminal proceeds, while courts adjudicated 220,900 first-instance cases [1]. Legal Interpretations and Case Examples - On August 25, the Supreme People's Court and the Supreme People's Procuratorate jointly issued interpretations regarding the application of laws in cases of concealing and disguising criminal proceeds, along with six selected typical cases to enhance public awareness of anti-money laundering [1]. Case 1: Virtual Currency - Three individuals were sentenced to prison and fined for using virtual currency to help transfer criminal funds, knowing they were proceeds of crime [2][3]. Case 2: Large Gold Transactions - An individual was sentenced to three years and six months in prison and fined 50,000 RMB for facilitating the transfer of criminal proceeds through large gold transactions [5]. Case 3: Recycling Industry - An individual was sentenced to six years in prison for selling road steel plates, knowing they were criminal proceeds, demonstrating the use of the recycling industry to conceal crime [9]. Case 4: Upstream Crimes - In a case involving illegal sand mining, individuals were convicted of concealing and disguising criminal proceeds despite the upstream crime not being legally adjudicated [12][13]. Case 5: Distinction of Knowledge - A court clarified the distinction between concealing and disguising criminal proceeds and aiding crimes, adjusting the conviction based on the individual's knowledge and the nature of assistance provided [16][17]. Case 6: Role in Criminal Chain - The court evaluated the defendants' roles in the criminal chain and imposed sentences based on their acknowledgment of guilt and return of illegal gains [21].