Case Introduction

       On the morning of March 28, 2023, Li Si carried a mobile phone bound to the bank card and verified with Sun Qi whether the bank card could be used normally. According to Li Si's account, "When checking the bank card, Zhang San only had a few yuan in his card." Afterwards, Li Si was responsible for taking the bank card to the mall to meet Wang Wu, while Sun Qi was responsible for watching Zhang San at the hotel. On the afternoon of the 28th in the mall, Wang Wu followed the instructions from his previous home to buy gold, place an order, and met with Li Si to get his phone and bank card. Then, the two of them went to the cashier to swipe their cards for payment. During this period, they spent more than 900000 yuan, including gold bars and gold jewelry. Afterwards, Wang Wu and Zhao Liu handed over gold bars in the nearby park.

        Where did these huge funds come from, from the initial "only a few yuan" in bank cards to being able to consume hundreds of thousands of yuan? In fact, while Wang Wu and Li Si followed the orders of their superiors to purchase gold bars, a series of blatant telecom scams were unfolding.

       On the afternoon of March 28, 2023, the victim Mr. He received a strange phone call, claiming to be a staff member of a certain platform. The victim claimed that Mr. He had engaged in a gold bar lending business with a limit of 200000 yuan on this platform and engaged in fraud. The fraudster claimed that Mr. He's 200000 credit limit needs to be cancelled, otherwise it will affect his personal credit report. Under the guidance of this so-called "staff member", Mr. He first applied for loans from banks and other loan platforms, and then repeatedly requested Mr. He to apply for loans and transfers under the pretext of not exceeding 200000 yuan. The "staff member" claimed that this could help Mr. He cancel the amount. Mr. He then transferred funds to Zhang San's bank card and others' bank cards. Mr. He hung up the phone and found out that he had been deceived. Among them, Mr. He transferred 70000 yuan from a certain bank loan to Zhang San.

Court Trial

         After trial and investigation, the Xicheng Court found that the prosecution accused the defendants Li Si, Wang Wu, and Zhao Liu of concealing and concealing the proceeds of their crimes. Considering that the defendants Li Si, Wang Wu, and Zhao Liu were all accomplices who obeyed the command of others and played a secondary role in the joint crime, the punishment was reduced accordingly; The defendants Li Si, Wang Wu, and Zhao Liu were able to truthfully confess their main criminal facts upon their arrival, and were all given lighter punishments. The final judgment of the court: Firstly, the defendant Li Si was sentenced to one year and ten months imprisonment and a fine of RMB 2000 for concealing and concealing the crime. 2、 The defendant Wang Wu was sentenced to two years imprisonment and a fine of RMB 2000 for concealing and concealing the crime. 3、 The defendant Zhao Liu was sentenced to two years imprisonment and a fine of RMB 2000 for concealing and concealing the crime.

Judicial interpretation

         Judge Cheng Jie also reminded the general public to be vigilant about the information of "making big money easily", not to be misled by flashy advertisements, and to abandon the mentality of "taking shortcuts". Whether it is work or part-time work, one should believe that no effort, no gain. The defendant in this case saw on an online platform that they could "make a lot of money", felt lucky, and knowingly downloaded software and committed a crime according to instructions, knowing that the source of the money was unknown, ultimately leading to a big mistake.

         This article is transferred from the official account of "Xicheng Court", and thanks for it.