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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 ...
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]
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]