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2023-08-09

On March 4, 2016, the Supreme People's Court released typical cases of telecommunications network fraud crimes

Typical Cases of Telecom Network Fraud Crimes

catalogue

1. A fraud case involving Zhou Wenqiang and others in Nanchang City, Jiangxi Province, falsely recommending high-quality stocks

2. Fraud case involving Xie Huaifeng, Xie Huaicheng, and others promoting counterfeit health products in Xinglong County, Hebei Province

3. Wu Jinlong and others in Jinjiang City, Fujian Province reported abnormal false voice information fraud cases when sending medical insurance cards

4. Fraud case involving Taiwanese residents as criminal targets by Zeng Jiangquan and others in Pinghe County, Fujian Province

5. Shangguan Yonggui and others in Xiamen City, Fujian Province helped the fraud gang to transfer stolen funds for fraud cases

6. Fraud case involving Qin Xianliang and others in Shuangfeng County, Hunan Province sending false information such as changing exam scores

7. Fraud Case of Yangdaji Opening a False Ticket Website in Danzhou City, Hainan Province

8. Chen Jie, Danzhou City, Hainan Province, Released False Information Fraud Case of Winning Awards in TV Programs

9. Fraud Case of Luo Rencheng and Luo Rensheng Counterfeiting QQ Friends in Binyang County, Guangxi Zhuang Autonomous Region


Case 1: A fraud case involving Zhou Wenqiang and others in Nanchang City, Jiangxi Province, falsely recommending high-quality stocks

(1) Basic facts of the case

In May 2010, the defendant Zhou Wenqiang, in order to carry out fraudulent activities, rented a certain floor of Honggu Classic Building in Honggutan New District, Nanchang City, Jiangxi Province, and registered Jiangxi Sanhe Technology Co., Ltd. through an intermediary. Zhou Wenqiang will allocate dozens of recruited company employees to the three departments of the company, namely Mingjue, Delian, and Chuangda, and assign dedicated personnel to be responsible for financial, logistics, and other affairs. The three departments each have a customer service department, a business group, and a trading department. Among them, the customer service department is responsible for sending fake mobile phone messages such as "a stock that has been promoted by the company will rise", answering shareholder calls, collecting shareholder information, and submitting it to the business team. The business team is responsible for conducting telephone follow-up visits to shareholders provided by the customer service department, using bait such as "the company can mobilize a large amount of funds to manipulate stock trading", "having the ability to promote stocks", and "ensuring high returns for customers" to deceive shareholders into paying "membership fees" and "commission fees" ranging from thousands of yuan. The trading department, also known as the securities department, is responsible for "guiding" customers who have already paid "membership fees" to purchase stocks, and for appeasing customers who have complained about losses and avoiding reporting cases. From July 2010 to April 2011, Zhou Wenqiang's fraud criminal gang used the above-mentioned methods to defraud 344 victims, obtaining a total of 3763400 yuan in money.

(2) Judgment results

This case was first instance by the Intermediate People's Court of Nanchang City, Jiangxi Province, and second instance by the Higher People's Court of Jiangxi Province. It has now taken legal effect.

The court believes that the defendant Zhou Wenqiang and others used the method of fabricating facts and concealing the truth to defraud others of money through "stock service", and their behavior has constituted the crime of fraud. Among them, the defendant Zhou Wenqiang established a company with the purpose of committing fraud, recruited personnel, and was the main culprit. Based on this, the defendant Zhou Wenqiang was sentenced to fifteen years in prison for the crime of fraud and also to confiscation of property of one million yuan; Lu Majiang and other defendants were sentenced to imprisonment ranging from ten years to two years and six months for fraud.

(3) Typical significance

This case is a typical case of fraud committed through the fictional recommendation of so-called "high-quality stocks". With the rapid development of the economy, the number of people participating in stock trading has rapidly increased. If there are illegal elements, they will seize the mentality of some shareholders who are eager to "get rich" through stock trading and commit fraud by "recommending high-quality stocks". The defendant Zhou Wenqiang organized a fraud criminal gang, first sending false SMS messages to the shareholders about stock price increases, and then contacting them over the phone, falsely claiming that the company has "insider information" about stock trading. Professional technical personnel can help analyze the stock market, manipulate stock trading, ensure the recommended stock price increases, ensure customer benefits, and defraud customers of paying "membership fees" and "commission fees". Once there are complaints or doubts from customers who have suffered losses, a dedicated person is responsible for calming their emotions and avoiding customer reporting. The fraud gang led by Zhou Wenqiang has a clear division of labor, a large number of victims, and a particularly large amount of fraud. I hope that the majority of investors in the stock trading process do not trust so-called "insider information" or blindly rely on so-called "stock consulting services". They should fully understand the objective risks of stock investment and make investment and financial decisions with caution.


Case 2: Fraud case involving Xie Huaifeng, Xie Huaicheng, and others in Xinglong County, Hebei Province in promoting counterfeit health products

(1) Basic facts of the case

The defendants Xie Huaifeng and Xie Huaicheng are cousins, and they are discussing the promotion of counterfeit health products in Xinglong County, Hebei Province. From October 2012 to July 2013, Xie Huaifeng and Xie Huaicheng used the personal information of citizens illegally obtained from the internet to hire multiple telephone operators, impersonating staff members of the China Elderly Association and health product companies, and using promotion and winning prizes as bait to promote "health products" without health product labels or health permit registration to some elderly people. If the recipient contacted by the operator determines to purchase a certain product, the person responsible for verifying and confirming the order will then use the cash on delivery method to send the goods through Postal Express Limited and collect the payment. Xie Huaifeng and others sold over 3000 people through the above means, involving more than 20 provinces across the country, with a total amount of 1886689.84 yuan involved.

(2) Judgment results

This case was first instance by the People's Court of Xinglong County, Hebei Province, and second instance by the Intermediate People's Court of Chengde City, Hebei Province. It has now taken legal effect.

The court believes that the defendants Xie Huaifeng, Xie Huaicheng, and others used illegal possession as the purpose, fabricated facts, concealed the truth, and sold counterfeit health products to defraud others of their property, all of which constituted the crime of fraud. The defendants Xie Huaifeng and Xie Huaicheng are the initiators of this case. Xie Huaifeng invested in leasing houses engaged in fraudulent activities, purchasing equipment and equipment engaged in fraud, and organizing procurement. Xie Huaicheng provided operators familiar with sales methods. Both defendants are the main offenders. Based on this, the defendants Xie Huaifeng and Xie Huaicheng were sentenced to eleven years in prison and a fine of RMB 100000 respectively for the crime of fraud; Chen Xiujie and other defendants were sentenced to imprisonment ranging from three to one year or a single fine for fraud.

(3) Typical significance

This case is a typical case of fraud committed through the promotion of counterfeit health products. At present, the number of elderly people in China is constantly increasing. With the improvement of living standards, elderly people are increasingly paying attention to health preservation and care, and it is common in society to promote health products for the elderly. The defendants, Xie Huaifeng and Xie Huaicheng, employed multiple individuals to impersonate staff members of the Elderly Association and health product companies, using promotions and winning prizes as bait to sell counterfeit health products to the elderly by phone, defrauding huge amounts of money, and being deceived by a large number of elderly people, with a wide distribution and extremely negative social impact. I hope that elderly friends should be vigilant and not trust those who promote health products over the phone. Instead, they should purchase health products that are suitable for their physical condition through legitimate channels.


Case 3: Wu Jinlong and others in Jinjiang City, Fujian Province sent medical insurance cards with abnormal false voice information fraud case

(1) Basic facts of the case

In July 2013, Taiwanese personnel "A Shui" (handled separately) organized Taiwanese defendant Wu Jinlong and others to travel to Vientiane, Laos to engage in telecommunications fraud activities. The gang set up a dens in Vientiane, sent voice messages to fixed telephone users in provinces and cities of Chinese Mainland via internet phone with pre edited fraud voice packets, falsely claiming that the victim "had abnormal medical insurance cards, and would call back if in doubt". When the victim calls back, the phone is transferred to a frontline member of the gang who impersonates a staff member of the medical insurance center, falsely claiming that the victim's medical insurance card is suspected of stealing prohibited drugs. The victim is required to "report" to the public security organ and guide the victim to agree to transfer the report phone to the public security organ. The frontline member then transfers the phone to a second-line member of the gang who impersonates a public security officer to answer. During this period, the second line personnel called the victim with the "Public Security Bureau number" that had been pre changed to display the phone number, in order to gain the victim's trust. Later, they obtained the victim's personal information, falsely claiming that the victim's bank account had security issues, and transferred the call to the third line personnel of the gang who impersonated the prosecutor's office staff. They requested the victim to transfer the deposits in the bank card to the designated account for the so-called "fund inspection and comparison", Using this means to defraud the victim of their money. Wu Jinlong and others defrauded a total of 10192500 yuan.

(2) Judgment results

This case was first instance by the People's Court of Jinjiang City, Fujian Province, and second instance by the Intermediate People's Court of Quanzhou City, Fujian Province. It has now taken legal effect.

The court believes that the defendant Wu Jinlong and others, with the purpose of illegal possession, published false information through telecommunications technology such as the Internet and committed fraud against unspecified individuals, and their behavior constitutes the crime of fraud. Among them, Wu Jinlong is responsible for convening, managing, and training personnel, playing a major role and being the main culprit. According to this, the defendant Wu Jinlong was sentenced to 13 years and 6 months in prison for the crime of fraud, and a fine of RMB 200000 was also imposed; The defendants Zhuang Jingfan and others were sentenced to imprisonment ranging from twelve years, six months to two years for the crime of fraud.

(3) Typical significance

This case is a typical case of fraud committed by sending false voice information with abnormal medical insurance cards. With the gradual improvement of China's medical insurance system, insured personnel have gradually achieved full coverage, and medical insurance cards have become a commonly used card type, closely related to people's lives. The defendant Wu Jinlong and others set up a shelter overseas, setting up third line personnel to impersonate medical insurance center staff, public security personnel, and procuratorate staff. They first sent false voice messages saying "If there is an abnormality in the medical insurance card, call back if there is any doubt", and then used the third line personnel's serial fraud to extract the victim's personal information, luring the victim to transfer their savings to the "designated account", thereby obtaining money. Remind medical insured personnel not to trust abnormal phone voice messages on their medical insurance cards, and not to easily inform strangers of important personal information over the phone.


Case 4: A fraud case involving Zeng Jiangquan and others in Pinghe County, Fujian Province, targeting Taiwanese residents as criminal targets

(1) Basic facts of the case

From August 2012 to December 2012, the defendant Zeng Jiangquan, together with others, rented houses in multiple residential areas in Zhangzhou City, Fujian Province as fraud dens. They built network phone platforms in each dens that could display numbers at will, and arranged for the defendant Lv Wenzhong and seven others to be the responsible persons of the dens to organize personnel within the dens to carry out fraud. The personnel responsible for the specific implementation of fraud are divided into different roles and cooperate. They use the personal information provided by Zeng Jiangquan for Taiwanese residents to make phone calls, and the personnel who impersonate store and supermarket staff fabricate the fact that Taiwanese residents have to cancel payments due to shopping errors. Then, the personnel who impersonate bank customer service staff use the excuse of "helping to cancel the aforementioned installment payment business" to lure Taiwanese residents to operate ATMs, Transfer bank deposits to the bank account provided by the warehouse personnel, in order to defraud money. Among them, Taiwan defendant Yan Anren introduced a Taiwanese person who could provide a bank account for receiving fraudulent proceeds to Zeng Jiangquan, and also used his own bank card to receive fraudulent proceeds for Zeng Jiangquan. Zeng Jiangquan and others defrauded a total of 3018112 yuan.

(2) Judgment results

This case is being tried by the People's Court of Pinghe County, Fujian Province. It has now taken legal effect.

The court believes that the defendant Zeng Jiangquan and others used illegal possession as the purpose, dialed the phone number of an unspecified majority, fabricated facts, and defrauded others of money. The defendant, Yan Anren, was aware of Zeng Jiangquan's fraudulent activities and provided communication tools and network technology support for introducing others to him; Provide credit cards and transfer and withdraw fraudulent proceeds to assist in the implementation of fraud. The actions of both defendants have constituted the crime of fraud. The defendant, Zeng Jiangquan, played an organizing and directing role and was the principal offender. Based on this, the defendant Zeng Jiangquan was sentenced to eleven years and five months in prison for the crime of fraud, and a fine of 500000 yuan was also imposed; Yan Anren and other defendants were sentenced to imprisonment, public surveillance, or a single fine ranging from ten years and nine months to eight months for the crime of fraud.

(3) Typical significance

This case is a typical case of fraud targeting Taiwanese residents in China. In this case, Zeng Jiangquan and other mainland defendants colluded with the Taiwan defendant to commit fraud against Taiwanese residents. The Taiwan defendant provided personal information and network technology support for Taiwanese residents, and provided credit cards for transfer and withdrawal of fraudulent proceeds. The defendant in mainland China has set up a dens to carry out specific fraudulent activities by making phone calls. The release of this case indicates that no matter where the criminals come from or who they target, as long as they violate the laws of our country, they will be punished by the law.


Case 5: Shangguan Yonggui and others in Xiamen City, Fujian Province helped a fraud gang to transfer stolen funds for fraud

(1) Basic facts of the case

From November 2013 to January 2014, the defendant, Shangguan Yonggui, conspired with the fraud gang and agreed to help them extract the stolen funds obtained from the fraud in order to seek illegal benefits. Afterwards, Shangguan Yonggui provided accommodation and paid hundreds of yuan per day, and hired the defendants Shangguan Fushui and Shangguan Shengmu to withdraw funds. After contacting the fraud gang in advance, Shangguan Yonggui led Shangguan Fushui and others to Shenzhen, Huizhou, Dongguan, and other places in Guangdong Province to withdraw or transfer funds for the fraud gang through bank ATMs. When one person withdraws funds, others are watching. Shangguan Yonggui and others participated in extracting and transferring fraudulent funds for the fraud gang, totaling 89541378 yuan. In addition, from March to August 2013, Shangguan Yonggui also used the method of issuing false prize redemption cards to unspecified individuals to defraud others of a total of 88671.09 yuan in property.

(2) Judgment results

This case is being tried by the Intermediate People's Court of Xiamen City, Fujian Province. It has now taken legal effect.

The court believes that the defendant Shangguan Yonggui, for the purpose of illegal possession, used the method of issuing false redemption cards to unspecified individuals to defraud others of their property, and collaborated with the defendant Shangguan Fushui and Shangguan Shengmu to extract and transfer the proceeds of fraud for the criminal gang. His behavior has constituted a crime of fraud. Among them, Shangguan Yonggui is responsible for contacting the online fraud gang for withdrawal and payment, and hiring Shangguan Fushui, Shangguan Shengmu, and others to withdraw funds. He plays a major role in joint crimes and is the main culprit. Shangguan Yonggui is still a recidivist and should be punished severely according to law. Based on this, the defendant Shangguan Yonggui was sentenced to 13 years in prison and a fine of RMB 200000 for the crime of fraud; The defendants, Shangguan Fushui and Shangguan Shengmu, were sentenced to eight years in prison and five years in prison respectively for the crime of fraud.

(3) Typical significance

This case is a typical case of helping a fraud gang to transfer stolen funds. With the spread of telecommunications network fraud crimes, there have been "professional withdrawals" in society who specifically seek illegal benefits for fraudulent gangs to transfer stolen funds. This type of criminal element frequently changes bank cards, ID cards, and mobile phone numbers to transfer funds to and from fraudulent criminal gangs in various places. The means of committing the crime are extremely covert, seriously disrupting and hindering the judicial authorities' crackdown on telecommunications network fraud criminal activities. In this case, the defendant Shangguan Yonggui colluded with the fraud gang and used more than 700 bank cards to gather and hire personnel to specifically transfer stolen funds for the fraud gang. His withdrawal behavior directly affects the achievement of the fraud purpose and has become an accomplice in the crime of fraud. The announcement of this case aims to clarify that the transfer of stolen funds to a fraudulent gang is a joint crime of fraud according to law and should also be punished by law.


Case 6: Fraud case involving Qin Xianliang and others in Shuangfeng County, Hunan Province sending false information such as changing exam scores

(1) Basic facts of the case

From April to August 2014, the defendant Qin Xianliang, together with the defendant Kang Liangxian and others, engaged in fraud by sending false information such as "proxy exams" and "post exam score changes". Qin Xianliang purchased a bank card, mobile phone card, and QQ number in advance and assigned them to Kang Liangxian and others. Later, Qin Xianliang sent false mobile phone messages to someone claiming that they could change their scores or take the exam on behalf of others after the exam, and left their contact information. If someone contacts them to change their scores or take the exam on their behalf after the exam, Kang Liangxian and others will each use methods such as "deposit" to lure the other party to transfer money to the designated bank account, and then hand over the victim's information to Qin Xianliang. Qin Xianliang will impersonate the "leaders" of various education or social security departments, and continue to lure the victim to transfer money to the designated bank account under the name of "deposit". Qin Xianliang and others used this method to swindle ten times, resulting in a total amount of 60700 yuan.

(2) Judgment results

This case is being tried by the People's Court of Shuangfeng County, Hunan Province. It has now taken legal effect.

The court believes that the defendant Qin Xianliang, in collaboration with others, fabricated facts for the purpose of illegal possession and defrauded the victim's money, which constitutes the crime of fraud. In the joint crime, Qin Xianliang was the main culprit. Based on this, the defendant Qin Xianliang was sentenced to five years in prison and a fine of RMB 60000 for the crime of fraud; Kang Liangxian and other defendants were sentenced to imprisonment ranging from one year, six months to nine months for fraud.

(3) Typical significance

This case is a typical case of fraud caused by sending false information such as "changing exam scores" or "proxy exams". At present, there are various types of professional qualification and title exams, and the results of these exams are directly related to the personal interests of candidates such as employment and promotion. Some unscrupulous individuals use the speculative mentality of individual candidates or their families to engage in fraud. In this case, the defendant sent false information such as "post exam score change" and "proxy exam", using methods such as "deposit" to lure the victim into remitting money to a designated bank account, and then impersonating the identity of an education department staff member to continue to deceive the victim's property under the name of "deposit", which has a very negative social impact. I hope that the majority of candidates and their relatives will face social competition with a calm heart, not take chances and believe such false information. They should participate in various exams with an honest and dedicated attitude, and work together to promote a good atmosphere of honesty, trustworthiness, and fair competition in society.


Case 7: Fraud Case of Yangdaji Opening a False Ticket Website in Danzhou City, Hainan Province

(1) Basic facts of the case

Starting from July 2014, the defendant Yang Daji, together with others, opened a fake ticket purchasing website called "Air Ticketing" to carry out online fraud. When the victim searched for a fake ticket purchasing website online and called 4008928000 to contact, they used the excuse of "ticket purchasing machine malfunction" or "incorrect ticket number, unsuccessful processing" to lure the victim to operate at an automatic teller machine, transfer and remit funds to the defendant's designated account, and Yang Daji was responsible for withdrawing the funds. Yang Daji and others used this method to swindle two times, resulting in a total amount of 49573 yuan.

(2) Judgment results

This case is being tried by the People's Court of Danzhou City, Hainan Province. It has now taken legal effect.

The court believes that the defendant Yang Daji, with the purpose of illegal possession, colluded with others to use fictitious facts to defraud the victim's money through the internet, resulting in a large amount of money. His behavior has constituted the crime of fraud. Based on this, the defendant Yang Daji was sentenced to one year and eight months in prison for the crime of fraud, and a fine of RMB 4000 was also imposed.

(3) Typical significance

This case is a typical case of fraud through the establishment of a fake airline ticket website. Currently, more and more people choose to travel by air, and booking tickets through the internet or phone has become the norm. In this case, the defendant used a false airline ticket website to deceive the victim into transferring money to a bank account controlled by the defendant under the pretext of "machine malfunction" when the victim ordered the ticket, thereby obtaining money. We hope that when preparing for travel, the public should book tickets or perform ticket refunds, changes, and other operations from the official websites or customer service hotlines of major airlines. They should not rashly choose unfamiliar websites and follow the instructions of unfamiliar phones for transfer and remittance.


Case 8: Chen Jie, Danzhou City, Hainan Province, released a TV program winning false information fraud case

(1) Basic facts of the case

Since July 2014, the defendant Chen Jie has published false information on websites such as Baidu Bar and Alibaba regarding winning awards in columns such as "Voice of China" and "Xingguang Avenue". At the same time, he has also published false inquiries about "Is the second prize in the lottery really true", "Does Voice of China have an off-site lottery activity", "What is the phone number of the Beijing Intermediate People's Court", and "What is the consultation phone number of the Beijing People's Court", And provide a response online, in order to leave false "customer service phone numbers" or contact phone numbers for "Beijing Intermediate People's Court" or "Beijing People's Court" online. When the victim dialed the false contact phone number for consultation, Chen Jie impersonated customer service personnel or court staff to claim that the information the victim consulted was true, and informed the victim that if they wanted to receive the prize, they would need to transfer the "handling fee" or "risk fund" to the designated bank account. Chen Jie used this method to commit two scams, obtaining a total of 8800 yuan.

(2) Judgment results

This case is being tried by the People's Court of Danzhou City, Hainan Province. It has now taken legal effect.

The court believes that the defendant Chen Jie used the internet to publish false information for the purpose of illegal possession and defrauded others of money, with a relatively large amount. His behavior has constituted the crime of fraud. Based on this, the defendant Chen Jie was sentenced to six months in prison and a fine of RMB 2000 for the crime of fraud.

(3) Typical significance

This case is a typical case of fraud by publishing false information about winning prizes in TV programs. Watching TV programs is a popular way of leisure and entertainment for the general public. In recent years, the ratings of TV variety shows such as "China's Voice" and "Xingguang Avenue" have been very high. Using such TV programs to commit fraud has a wide range of potential victims and a relatively negative social impact. In this case, the defendant not only posted false information about winning TV programs on websites such as Baidu Bar, but also responded online with "matching" false consultation questions, in order to dispel the victim's doubts and concerns. Then, when the victim dials the receiving phone number, they use the names of "handling fees" or "risk funds" to lure the victim into transferring the money to the designated account. This type of crime method has strong deception. I hope that the general public should be vigilant when they see information about winning TV programs and verify it with the official website or customer service hotline of the TV station or program group. In addition, relevant websites should also fulfill their regulatory obligations, strengthen the verification of the authenticity of published information, and prevent criminals from using online platforms for fraud.


Case 9: Fraud Case of Luo Rencheng and Luo Rensheng Counterfeiting QQ Friends in Binyang County, Guangxi Zhuang Autonomous Region

(1) Basic facts of the case

From August to November 2014, defendants Luo Rencheng and Luo Rensheng used QQ numbers stolen on the internet or changed the QQ number information they applied for to the victim's relatives' QQ information, impersonating the identity of the victim's relatives, and using reasons such as "relatives and friends urgently need to borrow money for treatment in a car accident" to deceive the victim into remitting money to their designated account. Luo Rencheng and Luo Rensheng used this method to commit two scams, resulting in a total amount of 65000 yuan.

(2) Judgment results

This case is being tried by the People's Court of Binyang County, Guangxi Zhuang Autonomous Region. It has now taken legal effect.

The court believes that the defendants Luo Rencheng and Luo Rensheng, who used QQ to fabricate facts and conceal the truth for the purpose of illegal possession, fraudulently obtained property from others, resulting in a huge amount of money. Both of their actions have constituted the crime of fraud; Luo Rensheng knowingly transferred the proceeds of crime, and his behavior also constitutes concealment or concealment of the crime. According to this, the defendant Luo Rencheng was sentenced to four years in prison and fined RMB 10000 for the crime of fraud; The defendant Luo Rensheng was sentenced to two years in prison and a fine of RMB 5000 for the crime of fraud, concealment, and concealment of the proceeds of the crime.

(3) Typical significance

This case is a typical case of fraud committed by impersonating the identity of QQ friends. At present, online chat software such as QQ and WeChat have replaced traditional methods as one of the mainstream communication methods in society. This type of chat method, which represents identity through online accounts and "sees words but not people," is easily exploited by criminals for fraud. In this case, the defendant impersonated the victim's relatives through their QQ number, using excuses such as "relatives and friends in car accidents urgently need to borrow money for treatment" that could easily make the victim anxious and impulsive and not make rational analysis and judgment, to lure the victim into remitting money to their designated account. I hope that QQ and WeChat users can pay attention to protecting their online chat tool user information to prevent theft. Once stolen, they should promptly report to the software operator. At the same time, when receiving information such as requests for transfer from relatives and friends online, it should be carefully verified and no hasty remittance is allowed. In addition, the operators of online chat tools should also strengthen supervision and technological innovation to effectively protect the personal information security of users.


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