Eleven Model Cases Involving Adequate Performance of Procuratorial Functions in Furtherance of Cyberspace Governance Published by the Supreme People's Procuratorate

Eleven Model Cases Involving Adequate Performance of Procuratorial Functions in Furtherance of Cyberspace Governance Published by the Supreme People's Procuratorate [Effective]

最高人民检察院发布11起充分发挥检察职能推进网络空间治理典型案例 [现行有效]

【法宝引证码】

Issuing authority： Supreme People's Procuratorate
Date issued： 01-25-2021
Effective date: 01-25-2021
Level of Authority: Documents of Judicial Interpretation Nature
Area of Law:Public Security


Eleven Model Cases Involving Adequate Performance of Procuratorial Functions in Furtherance of Cyberspace Governance Published by the Supreme People's Procuratorate		最高人民检察院发布11起充分发挥检察职能推进网络空间治理典型案例
(January 25, 2021)		（2021年1月25日）
I. A case of fraud by five persons including Chen A and Song A Qi		1.陈某、宋某琦等5人诈骗案
1. Basic facts		一、基本案情
In June 2018, Chen A (with partial name withheld), together with others, established a fake FXDD foreign exchange investment platform, gathered Song A Qi (with partial name withheld) and others as agents, disseminated misinformation that it was a well-regulated platform and that large number of transactions would make profits , and deceived victims into transferring funds to the platform. The investment platform separated funds from markets so that victims' funds, instead of entering real markets, were transferred and controlled by and at the disposal of Chen A. Chen A and the agents agreed to share on the basis of the cash loss of customers.		2018年6月，陈某伙同他人套牌搭建了FXDD外汇投资平台，纠集宋某琦等人作为代理商，对外虚构系正规平台、大量交易可获利的信息，诱骗被害人向平台转入资金。该投资平台实行资盘分离，被害人资金并未进入真实交易市场，而是由陈某转移控制支配。陈某与代理商约定，以客户资金亏损数额为分成依据。
From July and August 2018, Song A Qi purchased computers, leased a private property in Xuchang City, Henan Province as a venue for fraud, recruited Guo A Hui (with partial name withheld), Lu A (with partial name withheld) and Hu A Bo (with partial name withheld) as salespersons, and targeted and defrauded the female members of dating sites. Song A Qi arranged for salespersons to use fake identity information and avatars, pretend to be middle-aged successful men experienced in investment, and become acquainted with three wealthy single middle-aged women including Xu A (with partial name withheld) on a well-known dating site. The salespersons established false romantic relationships with the victims based on the script received in the prior training, fraudulently gained their affection and trust, claimed to be sophisticated investors, have good investment channels, and be able to guide victims in quickly profiting from investments, induced victims to make investments on the FXDD platform established by Chen A, caused paper loss to them by encouraging additional investment, conducting transactions for them, and other means, covered up the fact that the funds had been illegally appropriated and distributed under the pretense of investment loss, and fraudulently obtained more than 7.74 million yuan in total. In addition, Chen A also defrauded 43 victims of a total of more than 5.34 million yuan in cash by other agents.		其中，2018年7、8月起，宋某琦在河南省许昌市购置电脑、租赁民房作为诈骗场所，招募郭某辉、卢某、胡某波等人作为业务员，以婚恋网站女性会员为目标实施诈骗。宋某琦安排业务员，使用虚假的身份信息，冒用他人头像，包装为投资经验丰富的中年成功男士，在某知名婚恋网站上搭识许某某等3名有经济实力的单身中年女性。业务员通过事先培训的话术与被害人建立虚假恋爱关系，骗取感情信任后，通过宣称自己是投资高手，有好的投资渠道，能够指导被害人投资快速赚钱，引诱被害人向陈某搭建的FXDD平台投资，并通过鼓励追加投资、代为操作等方式致其账面亏损，营造投资损失假象，以掩饰资金已被非法占有并分赃的事实，共计诈骗人民币774万余元。此外，陈某还通过其他代理商诈骗43名被害人资金，合计人民币534万余元。
2. Proceedings		二、诉讼过程
On October 16, 2019, the High-tech Industrial Development Zone Branch of the Public Security Bureau of Taian City, Shandong Province transferred five persons including Chen A to the People's Procuratorate of Taian High-tech Industrial Development Zone for examination and prosecution on suspicion of fraud. When the case was transferred for examination and prosecution, the suspected value of fraud was more than 5.1 million yuan. After examination, the procuratorial authority returned the case for supplementary investigation twice, offered a definite and feasible supplementary investigation outline, guided the public security authority in making supplements to relevant evidence, thoroughly searching for clues in the case, and determined the value of fraud to be more than 13 million yuan. On April 3, 2020, the People's Procuratorate of Taian High-tech Industrial Development Zone initiated a public prosecution against the five persons including Chen A for fraud. On November 13 of the same year, the People's Court of Taian High-tech Industrial Development Zone entered a first-instance judgment, sentencing five defendants including Chen A, Song A Qi, Guo A Hui, Lu A, and Hu A Bo to imprisonment ranging from five years and six months to 12 years for fraud, in addition to a fine.		2019年10月16日，山东省泰安市公安局高新技术产业开发区分局以陈某等5人涉嫌诈骗罪，移送泰安高新技术产业开发区人民检察院审查起诉。本案在移送审查起诉时，涉嫌诈骗金额510余万元。检察机关审查后两次退回补充侦查，提出明确可行的补充侦查提纲，引导公安机关补充相关证据，深挖案件线索，认定诈骗金额1300余万元。2020年4月3日，泰安高新技术产业开发区人民检察院以诈骗罪对陈某等5人提起公诉。同年11月13日，泰安高新技术产业开发区人民法院作出一审判决，以诈骗罪分别判处陈某、宋某琦、郭某辉、卢某、胡某波等5名被告人有期徒刑五年六个月至十二年不等，并处罚金。
3. Significance		三、典型意义
(1) Romance fraud, rampant, highly dangerous to society, shall be severely punished in accordance with the law. Investment fraud committed under the pretense of online dating, commonly known as romance fraud, has become one of the main forms of crimes of telecommunications network fraud. In order to achieve the purpose of fraud, a criminal arranges for recruits to acquaint themselves with victims on dating sites or by instant messaging services, disguise themselves as successful men or attractive women, and use special scripts to gain victims' affection and trust, establish false romantic relationships, and induce and encourage them to invest heavily on a fake trading platform, thereby defrauding them of money and property. When a victim finds that he or she has been defrauded, or has no money available for fraud, the criminal will unfriend the victim or close his or her platform account. Unlike traditional crimes of fraud, romance fraud is under the pretense of affection, highly deceptive, and prolonged, seriously endangers the property safety of victims, defrauds victims of their affection, and may even have serious consequences such as the suicide of victims. Romance fraud shall be severely combated in accordance with the law, the chain of crime shall be cut off, and the criminal black market activities shall be comprehensively investigated and punished, so as to provide a powerful deterrence.		（一）“杀猪盘”式诈骗多发高发，社会危害大，应当依法严惩。以网络婚恋交友为诱饵实施的虚假投资诈骗，俗称“杀猪盘”，已经成为电信网络诈骗犯罪的主要方式之一。犯罪分子为实现诈骗目的，招募人员在婚恋网站或使用即时通讯工具搭识被害人，通过将自己包装为成功男士或美貌女性，使用专门话术，骗取被害人感情信任、建立虚假恋爱关系，诱导、怂恿其到虚假交易平台大量投资，从而骗取钱财。当被害人察觉被骗或者已无钱可供诈骗后，犯罪分子即将被害人“拉黑”或关闭平台账号。与传统诈骗犯罪不同，“杀猪盘”式诈骗以感情为诱饵，迷惑性强，持续时间长，严重侵害被害人的财产安全，欺骗被害人感情，甚至可能造成被害人自杀等严重后果，应当依法严厉打击，斩断犯罪链条，全面查处犯罪黑灰产，形成有力震慑。
(2) Effectively heightening the awareness of precautions and being cautious about dating and investing. A single in online dating shall increase his or her vigilance and awareness of precautions, avoid being infatuated in an online romantic relationship, easily trusting a stranger, and swallowing plausible stories, and carefully verify the true identity of another person. When the person proposes guiding the single in investment, the single must be particularly cautious, fully understand the platform's qualifications, investment methods, investees, profit models, and relevant national laws and policies before investment, and avoid being scammed. Once the single finds that he or she is defrauded, he or she shall file a complaint with the public security authority as soon as possible, which is conducive to prompt punishment of criminal acts.		（二）切实提高防范意识，谨慎交友投资。单身男女在网络征婚交友中，要提高警觉性和防范意识，不要被网络爱情冲昏头脑，不轻信陌生人，不轻信花言巧语，认真核实对方真实身份。当对方提出带领自己投资时，要尤其慎重，投资前充分了解平台资质、投资方式、投资对象、获利模式以及国家的相关法律政策，防止误入骗局。一旦发现被骗，要第一时间向公安机关报案，有利于对犯罪行为的及时惩处。
(3) Strengthening the supervision of dating sites and preventing them from becoming a "hotbed" of crime. Dating websites and platforms shall strictly comply with national laws, regulations and industry rules, effectively perform the responsibilities of a platform, and strengthen the management of registered users and risk alerts. Dating websites and platforms shall promptly accept and verify member complaints, and actively provide relevant evidentiary materials to relevant authorities.		（三）加强婚恋交友网站监管，防止成为犯罪“温床”。婚恋网站、交友平台要严格按照国家法律法规和行业规则，切实履行平台责任，加强注册人员管理和风险提示。对于会员的举报，及时受理核实，积极向有关部门提供相关证据材料。
II. A case of fraud by 11 persons including Yang A Rui		2.杨某瑞等11人诈骗案
1. Basic facts		一、基本案情
From November 2017 to May 2019, Yang A Rui (with partial name withheld) formed a company with others, opened accounts with video live streaming platforms such as Lequ and Yihaime, recruited Liu A Xing, Sun A Lin and others as female anchors, in addition to Cheng A Nan and others as salespersons. All defendants cooperated with each other: The salespersons used the identity and avatars of female anchors to search for victims including Zhao A through dating sites, WeChat Shake and other means, added them to WeChat friend lists, and induced the victims by scripts to register as members with the above video live streaming services and watch the video live streaming channels of the female anchors. In the meanwhile, the salespersons faked romantic stories and personal experiences, among others, of the female anchors and interacted and communicated with the victims in an attempt to gain their sympathy and trust. If a victim proposed a meeting, a female anchor would be arranged to video chat or meet with the victim offline. Through the above series of activities, the female anchors established false romantic relationships with the victims. The female anchors then fabricated reasons, among others, that they "will receive commissions only if they can complete performance tasks" and that they "want to terminate the contract with the platform and need pay cancellation money," deceived four victims including Zhao A into tipping them on the video live streaming platforms or directly transferring money to the anchors, and fraudulently obtained more than 172,000 yuan in total. Yang A Rui and others were also suspected of other crimes of fraud.		2017年11月至2019年5月间，杨某瑞与他人合伙成立公司，在“乐趣”“一嗨么”等网络直播平台开设直播间，招募刘某醒、孙某林等人担任女主播，程某楠等人担任业务员。各被告人相互配合，由业务员使用女主播身份和头像照片，通过婚恋交友网站、微信摇一摇等途径结识赵某等被害人，加为微信好友后，使用话术引诱被害人在上述网络直播平台注册成为会员，进入直播间观看女主播直播。期间，业务员虚构女主播感情故事、个人遭遇等与被害人互动交流，博取同情信任。如被害人提出见面，则安排女主播与被害人视频聊天或线下见面。通过上述系列行为，女主播与被害人确立虚假恋爱关系。之后，女主播编造“完成平台业绩任务才能领取提成”“想与平台解约需要解约金”等理由，先后欺骗赵某等4名被害人在直播平台为主播打赏或者直接向主播转账，合计诈骗人民币17.2万余元。杨某瑞等人还涉嫌其他诈骗犯罪事实。
2. Proceedings		二、诉讼过程
On September 3, 2019, the Songjiang Branch of the Shanghai Municipal Public Security Bureau transferred the case to the People's Procuratorate of Songjiang District, Shanghai Municipality for examination and prosecution against 11 persons including Yang A Rui on suspicion of the crime of fraud. As the procuratorial authority found upon examination that other video live streaming channels committed fraud by similar means, it transferred clues and made proposals for further investigation and evidence collection to the public security authority. The public security authority cracked 16 more similar cases, and arrested video live streaming platform operators and the members of video live streaming scam groups. On November 21 of the same year, the People's Procuratorate of Songjiang District, Shanghai Municipality initiated a public prosecution against 11 persons including Yang A Rui for the crime of fraud. On December 30 of the same year, the People's Court of Songjiang District, Shanghai Municipality entered a first-instance judgment, passing on 11 defendants including Yang A Rui, Liu A Xing, Sun A Lin, and Cheng A Nan sentences ranging from limited incarceration for four months to imprisonment of four years for the crime of fraud, in addition to a fine.		2019年9月3日，上海市公安局松江分局以杨某瑞等11人涉嫌诈骗罪，移送上海市松江区人民检察院审查起诉。检察机关通过梳理发现，其他多个直播间存在以类似手段实施诈骗的情况，遂向公安机关移送线索、提出进一步侦查取证建议，公安机关再破获类似案件16起，抓获直播平台经营者和多个直播诈骗团伙成员。同年11月21日，上海市松江区人民检察院以诈骗罪对杨某瑞等11人提起公诉。同年12月30日，上海市松江区人民法院作出一审判决，以诈骗罪分别判处杨某瑞、刘某醒、孙某林、程某楠等11名被告人拘役四个月至有期徒刑四年不等，并处罚金。
3. Significance		三、典型意义
(1) Severely and lawfully punishing fraud committed under the pretense of streamer tipping. A criminal who fabricates cyber identity, impersonates an anchor, establishes a false romantic relationship by scripts, misleads a victim by using a combination of online and offline methods, and defrauds the victim of property shall be determined to commit a crime of fraud in accordance with the law. The type of crimes of fraud, which not only endanger the property security of the public, but also seriously harm the ecology of the video live streaming industry, must be precisely combated in accordance with the law.		（一）依法严惩以直播打赏为名实施的诈骗行为。对于犯罪分子虚构网络身份、冒充主播，使用话术建立虚假恋爱关系，采用线上线下相结合方式，使被害人陷入错误认识而骗取财物的，依法应认定为诈骗犯罪。这类诈骗犯罪不仅侵害人民群众财产安全，也严重危害网络直播行业生态，必须依法精准打击。
(2) Rationally participating in video live streaming and effectively safeguarding interests. While providing users with a better experience of participation and interpersonal interaction, video live streaming services are prone to promote illegality, crimes and an unfavorable social climate. For users, the key lies in participating in video live streaming interaction with a sound mindset, and avoid falling into the "trap" elaborately set by criminals because of unhealthy mindsets such as "seeking out and making a sexual overture."		（二）理性参与网络直播，切实维护自身利益。网络直播在为用户提供更具参与性和人际互动性的良好体验的同时，也容易助长违法犯罪和社会不良风气。对于广大用户而言，关键是要以健康心态参与网络直播互动，切不可抱着“猎奇”“猎艳”等不良心态，落入违法犯罪分子精心编织的“陷阱”。
(3) Strengthening the supervision and governance of platforms and maintaining an orderly video live streaming industry. Online platforms shall effectively assume their main responsibility, strengthen the routinized screening and technical control of video live streaming, enhance the information sharing between platforms, take strict and joint action against blacklisted anchors, and completely prevent their return, so as to purify the ecology of the video live streaming cyberspace.		（三）加强平台监管治理，维护直播行业良好秩序。网络平台要切实担起主体责任，加大对直播行为的常态化排查和技术管控，强化各平台之间的信息共享，对列入“黑名单”主播施以严格联动管理，彻底封住其违规复活之路，净化网络直播空间生态。
III. A case of fraud by five persons including Li A Ning		3.李某宁等5人诈骗案
1. Basic facts		一、基本案情
From the second half of 2017, in order to conduct telecommunications fraud activities, Li A Ning purchased information on elderly customers through illegal channels, bought a variety of cheap health maintenance products at prices ranging from 12 yuan to 100 yuan per box, ordered lottery cards, "commemorative gold coins" and other prizes, prepared a script, recruited Wu A Qian, Wang A Na, Pei A Feng, and Wang A Juan as salespersons, and assigned each a mobile phone with a Beijing phone number.		2017年下半年起，李某宁为实施电信诈骗活动，通过非法途径购买老年人客户资料，以每盒12元至100元不等的价格购入多种廉价保健品，订做抽奖卡、“纪念金币”等奖品，制作话术单，招录吴某倩、王某娜、裴某凤、王某娟为话务员，并为每人配备装有北京号码的手机。
From March to September 2018, Li A Ning instructed Wu A Qian and others to make calls with mobile phones from Beijing phone numbers based on the customer information purchased in advance, impersonating the director of Beijing Mu A Tang Health Guidance Center (with partial name withheld) to contact and communicate with senior citizens. In the process of conversations, they defrauded the senior citizens of their information such as physical condition, and after deceptively gaining their trust, committed fraud step by step. First, misstating that the health maintenance products on sale had anti-cancer, health maintenance and other effects, originally sold at a price of 2,980 yuan, and was now free only if an experience fee or product testing fee of 298 yuan was paid. After a senior citizen had agreed to buy, Li A Ning would request an express delivery company to make delivery and collect related expenses on his behalf. Second, placing lottery cards in express packages, each designated for the first prize. After an express package had been signed, a salesperson would immediately call the senior citizen, stating that he or she won the first prize, which was a "commemorative gold coin" worth more than 10,000 yuan, among others, and that he or she could receive the prize only by paying personal income tax, a price protection fee or prize distribution fee, and other fees, thereby stealing money. What the senior citizen would receive was only a cheap gift. Third, continuing to abuse the trust of senior citizens and committing fraud by fabricating reasons such as assistance in applying for endowment insurance. In the process, a salesperson would randomly adjust chargeable items and specific prices according to the degree to which each senior citizen was defrauded. The wages of Wu A Qian and other salespersons included basic pay and commission. In order to facilitate the calculation of sales performance, each salesperson was required to record relevant information about victims. According to the examination, Li A Ning and others defrauded 266 senior citizens of more than 660,000 yuan in total.		2018年3月至9月，李某宁指使吴某倩等人按照事先购买的客户资料，通过装有北京号码的手机拨打电话，冒充北京沐某堂健康指导中心主任，与老年人沟通联络。在聊天过程中套取老年人身体状况等信息，骗得信任后，分步骤实施诈骗。一是谎称所售保健品有抗癌保健等功效，原价2980元的产品现在仅需支付298元的体验费或产品检测费即可获赠。老年人同意购买后，由李某宁联系快递公司负责配送和代收相关费用。二是在快递包裹中放置抽奖卡，均事先设置为一等奖。快递签收后话务员随即联系老年人，告知其中了一等奖，奖品为价格一万余元的“纪念金币”等，只需要支付个人所得税、保价费或奖品代销费等费用，即可获取，以此骗取钱财，而老年人实则仅获得廉价礼品。三是继续利用老年人信任，虚构帮助办理养老保险等理由实施诈骗。在此过程中话务员会根据每位老年人的被骗程度，随机调整收费名目和具体价格。吴某倩等话务员的工资包括底薪和提成，为便于计算销售业绩，每名话务员需记录下被害人相关信息。经审查，李某宁等人先后骗得266名老年人合计人民币66万余元。
2. Proceedings		二、诉讼过程
On November 12, 2018, the Public Security Bureau of Haian City, Jiangsu Province transferred the case to the People's Procuratorate of Haian City for examination and prosecution against five people including Li A Ning on suspicion of the crime of fraud. On March 12, 2019, the People's Procuratorate of Haian City initiated a public prosecution against five persons including Li A Ning for the crime of fraud. On June 10 of the same year, the People's Court of Haian City entered a first-instance judgment, determining that the fraud in the present case was of high value, sentencing Li A Ning to imprisonment of seven years for the crime of fraud, in addition to a fine of 150,000 yuan; and sentencing the four persons including Wu A Qian respectively to imprisonment of three years and six months, in addition to a fine of 30,000 yuan. The People's Procuratorate of Haian City deemed upon examination that the first-instance judgment contained an error in the admission of evidence and an error of fact: The judgment mainly predicated the determination of the value of crime on the records of performance kept by salespersons, without taking into account the express delivery information, omitted certain victims, and inaccurately determined the value of fraud to be 330,000 yuan. On June 18 of the same year, the People's Procuratorate of Haian City appealed, which the People's Procuratorate of Nantong City supported in accordance with the law. On December 25 of the same year, the Intermediate People's Court of Nantong City held at second instance that part of the fact in the first-instance judgment was unclear, and ruled to set aside the original judgment and remand for retrial.		2018年11月12日，江苏省海安市公安局以李某宁等5人涉嫌诈骗罪，移送海安市人民检察院移送审查起诉。2019年3月12日，海安市人民检察院对李某宁等5人以诈骗罪提起公诉。同年6月10日，海安市人民法院作出一审判决，认定本案诈骗数额巨大，以诈骗罪判处李某宁有期徒刑七年，并处罚金人民币十五万元；分别判处吴某倩等4人有期徒刑三年六个月，并处罚金人民币三万元。海安市人民检察院审查认为，一审判决证据采信和事实认定确有错误，判决以话务员记录业绩的账本作为认定犯罪数额的主要依据，未结合快递信息进行综合认定，遗漏部分被害人，诈骗金额人民币33万余元认定不准确。同年6月18日，海安市人民检察院提出抗诉，南通市人民检察院依法支持抗诉。同年12月25日，南通市中级人民法院二审认为一审判决部分事实不清，裁定撤销原判决、发回重审。
On November 19, 2020, the People's Court of Haian City entered a new first-instance judgment, re-determining the value of fraud to be more than 660,000 yuan, raising the sentence grade from "large amount" in the original trial to "extraordinarily large amount," increasing the sentence on Li A Ning from imprisonment of seven years to ten years, in addition to a fine of 200,000 yuan, sentencing the four persons including Wu A Qian respectively to imprisonment ranging from four years to five years and six months, in addition to a fine ranging from 50,000 yuan to 80,000 yuan.		2020年11月19日，海安市人民法院重新作出一审判决，诈骗数额重新认定为人民币66万余元，量刑档次由原审的“数额巨大”改为“数额特别巨大”，李某宁的刑罚由有期徒刑七年改为十年，并处罚金人民币二十万元；吴某倩等4人被分别判处有期徒刑四年至五年六个月不等，并处罚金人民币五万元至八万元不等。
3. Significance		三、典型意义
(1) The methods for telecommunications network fraud emerge relentlessly, and punishment and prevention shall be effectuated with priority given to prevention. At present, crimes of telecommunications network fraud are rampant, and the methods for the crimes continue to upgrade. Senior citizens, students, and young singles, among others, are vulnerable to fraud. Criminals often take advantage of human weakness to commit fraud. While a strict crackdown is carried out in accordance with the law, the general public needs to raise their awareness of prevention, improve their capabilities of identification, and avoid being blinded by the "fancy" scams by criminals. According to the present case, the elderly group shall be especially careful about the traps in relation to online shopping, TV shopping, telemarketing, live streaming solicitation, and other sales means, avoid unthinkingly believing in the efficacy of health maintenance products, and reasonably treat various promotional offers. Their family shall emotionally take care of, frequently visit, communicate more with, and use model cases to guide senior citizens, promptly console senior citizens, if defrauded, stop the fraud, and file a complaint with the police.		（一）电信网络诈骗手段层出不穷，要惩防并举、预防为先。当前，电信网络诈骗犯罪高发多发，犯罪手段不断更新迭代，老年人、在校学生、未婚青年等容易成为诈骗对象。犯罪分子多利用人性弱点实施诈骗，在依法严厉打击的同时，更需要广大民众提高防范意识，增强辨别能力，不让犯罪分子“花式”骗局迷惑了双眼。具体到本案，老年群体应当特别提防网上购物、电视购物、电话推销、直播带货等销售环节存在的陷阱，切忌迷信保健品功效，正确看待各种促销优惠。家庭成员要在精神上关心关怀老人，常回家看看，多与老人交流，多用典型案事例引导，发现老人上当受骗应及时劝解、制止和报警。
(2) Strengthening control at source, enhancing platforms' responsibilities for governance, and preventing the divulgence of citizens' information. At present, criminals use the personal information, consumption records and other information on citizens obtained through various illegal channels to commit precise fraud and make their scripts more elaborate and deceptive. In the present case, the criminals purchased information on elderly customers on the Internet, and promoted health maintenance products in a targeted manner, increasing the success rate of fraud. Network platforms and website operators shall truly implement governance responsibilities, rigorously design systems, fix system vulnerabilities, prevent divulgence by insiders and theft by outsiders, and effectively protect the personal information security of citizens.		（二）加强源头管控，强化平台治理责任，防止公民信息泄露。目前，犯罪分子通过各种非法渠道获取公民个人信息、消费记录等资料，实施精准诈骗，话术更加周延，迷惑性也更大。本案中，犯罪分子专门从网上购买老年客户资料，有针对性地推销保健品，提高了诈骗的成功率。网络平台和网站经营者要真正落实治理责任，严密制度设计，堵塞系统漏洞，内防泄露，外防窃取，切实维护公民个人信息安全。
IV. A case of Zhou A Qi and You A Jie assisting criminal activities on an information network		4.周某奇、尤某杰帮助信息网络犯罪活动案
1. Basic facts		一、基本案情
In early November 2019, Zhou A Qi (with partial name withheld), together with You A Jie (with partial name withheld), created a WeChat student part-time job group at Hangzhou A Vocational and Technical College (with partial name withheld), releasing information on recruiting operators, requiring each applicant to apply for a SIM card at a nearby carrier's office and surrender the card. Zhou A Qi and You A Jie purchased 75 non-anonymous SIM cards from more than 20 students including Liu A Xin in the above manner, at a price ranging from tens of yuan to 100 yuan per card.		2019年11月上旬，周某奇伙同尤某杰在杭州某职业技术学院设立学生兼职微信群，发布招聘话务员的消息，要求应聘学生到附近营业厅办理电话卡并将卡上交。周某奇、尤某杰以上述方式购得刘某欣等20余名学生办理的实名制电话卡75张，每张卡支付给学生人民币几十元至一百元不等的费用。
In mid-to-late November 2019, Zhou A Qi and You A Jie solicited more than 130 members of the general public including Shi A Xing in a similar manner, took them from Hebei Province to Beijing by bus to apply for about 400 non-anonymous Beijing SIM cards, and purchased the cards each at a price several tens of yuan.		2019年11月中下旬，周某奇、尤某杰又通过类似方式招募了石某行等130余名社会人员，用大巴车将他们从河北省带至北京市办理400张左右实名制北京电话卡并收购，每张卡支付人民币几十元的费用。
Zhou A Qi and You A Jie sold the above SIM cards to other persons for use with the knowledge that other persons would use information networks to commit crimes, and received illegal income of more than 120,000 yuan. The above SIM cards were moved overseas through illegal channels. Criminals used the SIM cards to commit fraud by impersonating the functionaries of state agencies, defrauding more than ten victims including Li A of a total of more than 2 million yuan.		周某奇、尤某杰明知他人利用信息网络实施犯罪，仍将上述电话卡出售供他人使用，违法所得人民币12万余元。上述电话卡通过非法途径流出境外，犯罪分子使用其冒充国家机关工作人员实施诈骗，骗取被害人李某等10余人钱款共计人民币200余万元。
2. Proceedings		二、诉讼过程
On March 3, 2020, the Yuhang District Branch of the Hangzhou Municipal Public Security Bureau of Zhejiang Province transferred the case to the People's Procuratorate of Yuhang District, Hangzhou City for examination and prosecution against Zhou A Qi and You A Jie on suspicion of fraud. On September 21 of the same year, the People's Procuratorate of Yuhang District, Hangzhou City instituted a public prosecution against Zhou A Qi and You A Jie for the crime of assisting criminal activities on an information network. On December 18 of the same year, the People's Court of Yuhang District, Hangzhou City entered a first-instance judgment, sentencing defendants Zhou A Qi and You A Jie to imprisonment of two years and two months, in addition to a fine, for the crime of assisting criminal activities on an information network. In response to the fact that criminals in this case purchased a large number of non-anonymous SIM cards from students and the members of the general public, the People's Procuratorate of Yuhang District, Hangzhou City, on the one hand, prepared and issued to the relevant school procuratorial proposals and gave an opinion on strengthening education and management; and on the other hand, by combination of online and offline methods, visited schools, construction sites, and urban-rural fringes, provided warning education for young students, migrant workers, and unemployed persons, guided their adoption of correct views on employment, and prevented them from falling into a "crime" trap.		2020年3月3日，浙江省杭州市公安局余杭区分局以周某奇、尤某杰涉嫌诈骗罪，移送杭州市余杭区人民检察院审查起诉。同年9月21日，杭州市余杭区人民检察院对周某奇、尤某杰以帮助信息网络犯罪活动罪提起公诉。同年12月18日，杭州市余杭区人民法院作出一审判决，以帮助信息网络犯罪活动罪分别判处被告人周某奇、尤某杰有期徒刑二年二个月，并处罚金。针对本案犯罪分子向学生、社会人员大量收购实名制电话卡的情况，杭州市余杭区人民检察院一方面向相关学校制发检察建议，提出加强教育管理的意见；另一方面通过线上线下相结合的方式，走进学校、工地、城乡结合部，对青年学生、打工人员、无业人员开展警示教育，引导树立正确的就业观，防止落入“犯罪”陷阱。
3. Significance		三、典型意义
(1) The problem of violations and crimes related to "cards" is prominent, and presents serious danger to society. At present, the problem of illegal sale and leasing of SIM cards and bank cards ("cards") is relatively prominent. Many criminals use purchased "cards" as criminal tools to defraud victims of funds or transfer stolen money, cover up the facts of the crime, and evade investigation by the judicial authorities. This kind of conduct, seriously endangering social security and stability and seriously undermining the foundation of social credibility, must be controlled at source, severely combated and prevented. Multiple measures shall be adopted to resolutely curb the proliferation of "cards" violations and prevent the spread of the crime of telecommunications network fraud.		（一）涉“两卡”违法犯罪问题突出，社会危害严重。当前，非法出售、出租电话卡、银行卡（简称“两卡”）问题较为突出。不少犯罪分子将收购的“两卡”作为犯罪工具，用于骗取被害人资金或转移赃款，掩盖犯罪事实，逃避司法机关追查。这种行为严重危害社会安全稳定，严重侵蚀社会诚信根基，必须从源头管控，从严打击防范，多管齐下，坚决遏制“两卡”泛滥，防止电信网络诈骗犯罪滋生蔓延。
(2) Actively launching the "card cutting" campaign and endeavoring to cut off the chain of the crime of telecommunications network fraud. In order to curb crimes involving "cards," in October 2020, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Industry and Information Technology, the People's Bank of China and other authorities jointly arranged and launched the "card cutting" campaign to strictly crack down on the illegal and criminal activities of sales and leasing of "cards," with a focus on the crackdown on criminal gangs that exclusively engaged in the illegal purchase and sale of "cards" and persons engaged in telecommunications, banking and other industries who colluded with them. The procuratorial authorities shall strengthen cooperation and coordination, in conjunction with the relevant authorities, investigate and punish criminal gangs implicated in the "cards" violations in accordance with the law, jointly resort to remedies in key regions where cards-related crimes are rampant, promote the punishment of dishonest persons implicated in the "cards" violations and crimes, spare no effort in cutting off the chain of black market activities of applying for and selling "cards," and resolutely eradicate the breeding ground of the crime of telecommunications network fraud.		（二）积极开展“断卡”行动，全力斩断电信网络诈骗犯罪链条。为遏制涉“两卡”类犯罪，2020年10月起，最高人民法院、最高人民检察院、公安部、工业和信息化部、中国人民银行等部门联合部署开展“断卡”行动，依法从严打击非法出售、出租“两卡”违法犯罪活动，重点打击专门从事非法收购、贩卖“两卡”活动的犯罪团伙，以及与之内外勾结的电信、银行等行业从业人员。检察机关要加强协作配合，会同相关部门，依法查办涉“两卡”违法犯罪团伙，联合整治涉“两卡”犯罪猖獗的重点地区，推动惩戒涉“两卡”违法犯罪失信人员，全力斩断“两卡”开办贩卖的黑灰产业链，坚决铲除电信网络诈骗犯罪滋生的土壤。
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