1. Whether helping telecom fraudsters get cash constitutes fraud shall be handled according to the following circumstances:
(1) Whoever knowingly helps criminals withdraw cash from telecommunication network fraud shall be investigated for criminal responsibility according to the crime of concealing or concealing the crime of offending and the proceeds from crime;
(2) If there is evidence to prove that you really don't know, helping to withdraw cash does not constitute a criminal offence;
(3) Whoever conspires in advance shall be punished as a crime of * * *, which constitutes a crime of fraud.
2. Legal basis: Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunication Network Fraud III. Comprehensive punishment of related crimes (5) Whoever knowingly transfers, cashes or withdraws cash in one of the following ways, shall be investigated for criminal responsibility for the crime of concealing or concealing the proceeds of crime, in accordance with the provisions of the first paragraph of Article 312 of the Criminal Law. But there is evidence that you really don't know:
(1) assisting in the conversion or transfer of property by using illegal means such as cashing in point-of-sale terminal equipment (POS machines);
(2) helping others to deposit huge amounts of cash into multiple bank accounts or frequently transfer money between different bank accounts;
(3) Reusing or fraudulently using multiple credit cards, funds opened without identification, or repeatedly using abnormal means such as shielding cameras and disguises to help others transfer money, cash or withdraw cash;
(4) helping others to transfer money, withdraw cash or withdraw cash after providing others with credit cards and fund payment settlement accounts that are not their identity certificates;
(5) Cash out at a price that is obviously different from the market by recharging mobile phones and trading game cards.
2. What are the types of telecom fraud?
1. Telephone arrears: criminals pretend to be telecom workers and police officers to call the main phone, telling them that their identity information has been fraudulently used, tying up the arrears phone and bank account, suspected of money laundering, and the victim may be sentenced. Some victims are eager to clarify themselves, so they tell criminals their phone numbers and deposits. This kind of fraud mostly uses the VoIP phone starting with 0 19, 000 19 or the phone tied with "one number".
2, credit card consumption: criminals SMS to remind mobile phone users that their bank cards have just been swiped in a certain place, and provide inquiries. If the user calls back and is told that the bank card may be copied and stolen, it should be encrypted on the atm machine and gradually introduce the "transfer trap".
3. Tax Refund Notice: The criminals pretend to be staff members of tax bureaus, post offices, banks and other departments, falsely claiming that they want to refund taxes and overpay. And ask the victims to transfer the money to their designated bank card. Most of the numbers used are 000 19* (international ip phone), and the phone numbers provided by them are generally 4006* pay phone or Tietong's "one-number-one" phone.
4. False winning: The criminals informed the victim of winning the grand prize on the grounds of company celebration or new product promotion lottery, and guided the victim to remit the money to the account provided by them on the grounds of paying income tax, handling fee and notary fee.
5. Low-priced shopping: The criminals send false information such as selling used cars to the victims, and demand remittance to the accounts provided by them on the grounds that they can only handle further expenses such as deposit and consignment, so as to achieve the purpose of fraud.
According to the judicial interpretation of telecommunication network fraud, whoever helps telecommunication fraud criminals to withdraw cash, if there is conspiracy in advance, will be treated as the same crime, which constitutes fraud. If there is no conspiracy, but you know that it is the proceeds of fraud, you shall be investigated for criminal responsibility according to the offense of concealing or concealing the crime, unless there is evidence to prove that you are unaware of it.