(1) Buying, selling or renting credit cards, bank accounts, non-bank payment accounts, Internet account passwords with payment and settlement functions, online payment interfaces and online banking digital certificates;
(2) Buying, selling or leasing other people's mobile phone cards, mobile cards and Internet of Things cards. "
It can be seen that providing bank cards and other cases that constitute the crime of helping the letter seems to ignore an act in the latest judicial opinions on telecom fraud. It is the "lending" of personal bank cards and other payment tools, which may actually constitute a "helping" behavior to help information network crimes.
However, Article 7 of the latest judicial opinion on telecom fraud in 20021does not mention "lending", but only mentions "buying, selling, renting" credit cards, bank accounts, other people's mobile phone cards, etc., all of which may be suspected of "helping" the letter.
First, there have always been cases of being convicted of borrowing bank cards or paying account numbers.
Similar cases have indeed happened before. For example, a man in Qianjiang was sentenced for lending an Alipay account (helping the letter), and six people in Guangzhou lent their bank accounts to a post-00 sub-platform and were characterized as helping the letter. (It should be noted that this kind of lending behavior constitutes a crime whether it is profitable or not, because the crime of helping the letter does not require profit. ) The reason why the "buying and selling lease" behavior is included in the help behavior is that these provided accounts and cards may be used as a tool for payment settlement or promotion. If they are used to serve cybercrime activities, the providers may constitute a crime. Of course, the offering behavior here includes the behavior of obtaining, selling and renting, as well as the behavior of obtaining (that is, helping criminals buy, or selling or renting to criminals as sellers). If a person lends his own bank account or someone else's bank account, or other types of payment accounts to cyber criminals for temporary use, it is of course a positive act of help, because it is no different from criminals in essence, so this kind of lending behavior itself is also socially harmful and should be punished.
Therefore, the judicial interpretation of the crime of helping information network criminal activities promulgated by the Supreme Law 20 1, the criminal law itself can impose criminal punishment on this kind of behavior of helping to lend an account.