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No. 6 of Model Cases of Legally Punishing Crimes of Covering up or Concealing Proceeds of Crime and Income Derived from Proceeds of Crime Issued by the Supreme People's Court and the Supreme People's Procuratorate: People v. Huang [REDACTED] and Lin [REDACTED] — Comprehensively and accurately judging the positions and roles of actors in the criminal chain (Case of covering up or concealing proceeds of crime)
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最高人民法院、最高人民检察院联合发布6起依法惩治掩饰、隐瞒犯罪所得、犯罪所得收益犯罪典型案例之六：黄某某、林某某掩饰、隐瞒犯罪所得案——全面、准确评判行为人在犯罪链条中的地位作用
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【法宝引证码】
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- Legal document：
Judgment
- Procedural status：
Trial at First Instance
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| No. 6 of Model Cases of Legally Punishing Crimes of Covering up or Concealing Proceeds of Crime and Income Derived from Proceeds of Crime Issued by the Supreme People's Court and the Supreme People's Procuratorate: People v. Huang [REDACTED] and Lin [REDACTED] (Case of covering up or concealing proceeds of crime) | | 最高人民法院、最高人民检察院联合发布6起依法惩治掩饰、隐瞒犯罪所得、犯罪所得收益犯罪典型案例之六：黄某某、林某某掩饰、隐瞒犯罪所得案 |
| — Comprehensively and accurately judging the positions and roles of actors in the criminal chain | | ——全面、准确评判行为人在犯罪链条中的地位作用 |
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| (1) Basic Facts | | （一）基本案情 |
| From March 9 to 10, 2023, employed and directed by others, defendants Huang [REDACTED] and Lin [REDACTED] received and supported persons who came from other places and were contacted by the upline personnel in the criminal network for providing bank cards in Nanhu District, Jiaxing City, Zhejiang Province. They carried those bank card providers around the urban areas of Jiaxing City in vehicles with drivers that the upline personnel had rented in advance. During the period, according to the instructions of the upline personnel, Huang [REDACTED] and Lin [REDACTED] cooperated with each other, operated the CCB and BOC mobile banking accounts provided by the bank card providers to receive and transfer funds, and required the bank card providers to cooperate with facial recognition authentication for transfer of the funds to designated bank accounts. It was found upon investigation that Lin [REDACTED] and Huang [REDACTED] assisted in receiving and transferring funds in a total amount of over 4.5 million yuan by the aforesaid means, of which over 1.65 million yuan was ascertained to be telecom and online fraud funds. | | 2023年3月9日至10日，被告人黄某某、林某某受他人雇用、指挥，在浙江省嘉兴市南湖区接应上线人员从外地联系的提供银行卡人员，后使用上线人员提前租赁并配备驾驶员的车辆，载供卡人员在嘉兴市区周边兜转。其间黄某某、林某某根据上线的指示，共同配合，操作供卡人员提供的中国建设银行、中国银行账户手机银行接收、转移资金，并要求供卡人员配合刷脸验证将资金转入指定银行账户。经查，林某某、黄某某以上述方式帮助接收、转移的资金共计450余万元，其中165余万元查实系电信网络诈骗资金。 |
| (2) Litigation Process | | （二）诉讼过程 |
| ．．．．．． | | ．．．．．． |
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