Two men were sentenced for buying and selling bank cards
Recently, The People’s Procuratorate of Lianghe County prosecuted Mu so-and-so, Yan so-and-so to help information network crime crime case made a guilty verdict, the two were sentenced to seven months, nine months imprisonment and fine.It is reported that in July 2021, the defendant Mu xx knew that others use the information network to commit crimes, and sold one bank card under his name and one bank card under Li’s name to the defendant Yan XX for compensation. Yan xx purchased the bank card and resold it to others. After investigation, the bank card was used to receive telecom network fraud funds, among which,Li mou’s bank card transfers fund 2244190.9 yuan, mu so-and-so’s bank card receives li Mou’s bank card transfers fund 2190010 yuan.In this case, Mu xx and Yan XX knowingly provided bank card payment and settlement help for others to commit crimes using information network, which was serious. Their behavior constituted the crime of helping information network crimes and should be severely punished according to law.The prosecutor reminds the masses of the people, China’s relevant laws and regulations, the bank card can only be used by myself, shall not be rented, lent and sold.Knowing that others use the information network to carry out criminal activities, such as money laundering, fraud and so on, still provide bank cards, Alipay accounts, wechat accounts to help the other party to pay and settle funds, is likely to become an “accomplice” of illegal and criminal activities, the same as those who directly commit criminal acts will face criminal punishment.Therefore, must not covet small profits, by example, and eventually let themselves in prison.Legal links “of the People’s Republic of China criminal law” the two hundred and eighty-seventh second help information network crime Knowing others committing crimes by information network, and provide Internet access for their crime, server hosting, network storage, communication transmission, such as technical support, or help such as providing advertising promotion, payment and settlement, if the circumstances are serious,Fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.Whoever commits any of the acts mentioned in the preceding two paragraphs and concurrently constitutes another crime shall be convicted and punished in accordance with the provisions on relatively heavier punishment.Interpretation of The Supreme People’s Court and Supreme People’s Procuratorate on Several Issues concerning the Application of The Law in Handling Criminal Cases involving Illegal Use of Information Network and Helping Information Network Crime Activities Article 12 Knowingly providing assistance to others in committing crimes by using information network and having any of the following circumstances,(1) providing assistance to three or more persons;(2) the amount of payment and settlement is more than 200,000 yuan;(3) providing funds of more than 50,000 yuan by means of advertising;(4) illegal gains of more than 10,000 yuan;(5) Having received administrative punishment within two years for illegally using information networks, helping information network criminal activities, endangering the security of computer information systems, and helping information network criminal activities;(6) the crime committed by the person being helped has caused serious consequences;(7) Other serious circumstances.The behavior of the implementation of the provisions of the preceding paragraph, because of objective conditions truly unable to verify whether the object being helped reach the level of crime, but the amount of total to the second to the fourth paragraph of the preceding paragraph standards more than five times, or if the consequences are especially serious, shall be investigated in order to help information network crime crime actor’s criminal responsibility.