The routine of online fraud
In the past, some fraud routines were realized by telephone, such as telling the victim that he had won the prize and paying notary fees and lawyer's fees. With the popularity of the Internet, these phone scams have evolved into online scams.
I have been exposed to some criminal cases recently. The perpetrator used the e-commerce to swipe the bill to defraud the victim's property. The general routine is as follows: after posting the recruitment information of "brushing a part-time job" on major Internet platforms and pulling the victim into the group, he will assign brushing tasks in the group, such as buying a product on an e-commerce platform or praising it on a short video platform, and then giving the victim a certain commission.
After gaining the trust of the victim, the abuser asked the victim to brush a bigger bill. After the victim paid the payment, the abuser began to tell the victim that he needed to pay various fees, such as thawing fees and notarization fees. The victim walked into it step by step and was eventually cheated of a certain amount of property.
What is the crime of lending a bank card?
So, what is the relationship between online fraud and lending bank cards? In this process, criminals will not use their own bank cards to collect money, but will use other people's accounts to collect money, thus avoiding the investigation of judicial organs.
After the incident, there is no problem that the organizer constitutes fraud. The question is, what crimes will these people who lend bank cards constitute? It is not one or two people who borrow bank cards. In an online fraud case, there may be dozens of people lending bank cards.
I have come into contact with two cases. The criminals let some college students who have just entered the society apply for bank cards, use bank cards to transfer money, and then give these college students a one-time reward of several hundred yuan. There are also some criminals who will give commissions according to the transfer flow of bank cards, such as transferring 1 10,000 yuan to 4% commission.
Lending bank cards is mainly suspected of two crimes: fraud and helping information network criminal activities.
How to judge the bank card?
Article 287 bis of the Criminal Law stipulates the crime of "helping information network criminal activities". Knowing that others use the information network to commit crimes, providing technical support such as Internet access, server hosting, network storage, communication transmission, or providing assistance such as advertising promotion, payment and settlement. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. Article 287 bis, paragraph 3, which also constitutes other crimes, shall be convicted and punished in accordance with the provisions of heavier punishment.
There are three kinds of punishment for the crime of fraud: a large amount of imprisonment of not more than three years, a huge amount of imprisonment of 3 to 10 years, a particularly huge amount of imprisonment of 10 years or life imprisonment. More than 3,000 to 1 10,000 belongs to a large amount, 30,000 to 1 10,000 belongs to a huge amount, and more than 500,000 belongs to a particularly huge amount.
Finally, is it the crime of fraud or the crime of helping information network criminal activities? Need specific analysis.
For example, if someone provides an account for someone who knows that they are committing online fraud, it is finally determined that the amount involved in fraud is particularly huge, and the principal offender needs to be sentenced to fixed-term imprisonment of 10 or life imprisonment. The person who lends an account should be convicted and punished for fraud, but as an accessory, it can be reduced to 3 to 10 years in prison. That is to say, it cannot be dealt with as "crime of helping information network criminal activities".
For another example, I don't know that others are committing online fraud, but I know that this money is "problematic". I don't think it should constitute the crime of fraud, because there is no subjective intention of fraud, but it should be determined that the bank card lender has the indirect intention of "helping information network criminal activities"
In the case of college students borrowing bank cards that I contacted, a college student lent his bank card to criminals twice, winning 500 yuan each time, and was finally sentenced to six months' criminal detention by the court.
case analysis
I provide two cases of non-prosecution for your reference:
Case 1: Z 14 [202 1] Defendant Liu and others used payment platforms, mobile banking and other tools to provide payment and settlement assistance for others to commit cyber crimes, and obtained commissions from them, and the amount involved was more than 200,000. The procuratorate believes that Liu's participation time is short, the amount is small, the guilty attitude is good, and the circumstances of the crime are minor, so he decided not to prosecute Liu.
Case 2: renhuai city Procuratorate No.55 [2021], the defendant Zhou Moumou helped others to launder money and used his bank card for others. His account earned more than 600,000 yuan. The procuratorate believes that Zhou Moumou provided a bank card to help with payment and settlement, which constitutes a crime of helping information network criminal activities. Because he turned himself in, confessed leniency, first offense, only 65438.
In the case I contacted, this college student only made a few hundred dollars, but the bank had more than 200 thousand running water, and was finally sentenced to six months' criminal detention. I think the punishment is quite severe.
Write it at the end
There will be no pie in the sky. If someone asks you to borrow a bank card, be careful. If the last one is put on file for investigation, even if the bank card lender does not sue in the end, it is inevitable to go to jail. Finally, I would like to remind you to be cautious about everything you get for nothing.