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| Ten Model Cases of Legally Punishing Telecom and Online Frauds and Associated Crimes Published by the Supreme People's Court | | 最高人民法院发布十起依法惩治电信网络诈骗犯罪及其关联犯罪典型案例 |
| (September 6, 2022) | | （2022年9月6日） |
| 1. Case of Committing Frauds, Organizing Others to Illegally Cross the National Border, Illegally Crossing the National Border, Providing Assistance in Information Network-Related Criminal Activities, and Covering up and Concealing Criminal Proceeds by Yi Yangfeng, Lian Zhiren, and Thirty-Six Other Defendants | | 一、被告人易扬锋、连志仁等三十八人诈骗、组织他人偷越国境、偷越国境、帮助信息网络犯罪活动、掩饰、隐瞒犯罪所得案 |
| 2. Case of Fraud Committed by Luo Huan, Zheng Tanxing, and Nineteen Other Defendants | | 二、被告人罗欢、郑坦星等二十一人诈骗案 |
| 3. Case of Fraud Committed by Shi Deshan and Eleven Other Defendants | | 三、被告人施德善等十二人诈骗案 |
| 4. Case of Fraud Committed by Wu Jiancheng and Four Other Defendants | | 四、被告人吴健成等五人诈骗案 |
| 5. Case of Fraud Committed by Defendant Huang Hao and Two Other Persons | | 五、被告人黄浩等三人诈骗案 |
| 6. Case of Fraud Committed by Zhao Mingyun and Eight Other Defendants | | 六、被告人赵明云等九人诈骗案 |
| 7. Case of Fraud and Infringement on Personal Information of Citizens Committed by Deng Qianghui and Five Other Defendants | | 七、被告人邓强辉等六人诈骗、侵犯公民个人信息案 |
| 8. Case of Infringement upon Personal Information by Chen Ling and Four Other Defendants | | 八、被告人陈凌等五人侵犯公民个人信息案 |
| 9. Case of Providing Assistance in Information Network-Related Criminal Activities by Defendant Long Jiuqi | | 九、被告人隆玖柒帮助信息网络犯罪活动案 |
| 10. Case of Providing Assistance in Information Network-Related Criminal Activities by Defendant Xue Shuang | | 十、被告人薛双帮助信息网络犯罪活动案 |
| 1. Case of Committing Frauds, Organizing Others to Illegally Cross the National Border, Illegally Crossing the National Border, Providing Assistance in Information Network-Related Criminal Activities, and Covering up and Concealing Criminal Proceeds by Yi Yangfeng, Lian Zhiren, and Thirty-Six Other Defendants | | 一、被告人易扬锋、连志仁等三十八人诈骗、组织他人偷越国境、偷越国境、帮助信息网络犯罪活动、掩饰、隐瞒犯罪所得案 |
| (1) Basic Facts | | （一）基本案情 |
| Defendant Yi Yangfeng set up so-called "Yuanfeng Group" in Burma, which operated in the form of corporation. It complied call scripts, carried out business training, equipped tools for criminal purpose, developed a reward and punishment system, and formed a criminal gang with close organization and complete structure. As "boss" of the fraud gang, Yi Yangfeng organized and lead the Group in committing cross-border telecom and online frauds, got together defendant Lian Zhiren to join the Group and gradually become person-in-charge of the Group and the two persons were ringleaders of the fraud group. Defendant Lin Yanxing served as the director, responsible for managing group leaders and providing business training and guidance; defendants Yan Bin, Fu Peijie, Qin Zhen, and Huang Renquan served as agents or group leaders, recruited and managed members, and urged and guided members in committing frauds; and defendant Yi Xiaofeng provided technical support for committing frauds. From August 2018 to December 2019, the Group recruited and inveigled several Chinese citizens to frequently cross the national border in violation of law and go back and forth between China and Burma. After massive additions of friends on a social network software, they defrauded 81 victims of money and property amounting to over 18.2 million yuan by using fraudulent means of "pig-butchering scam." | | 被告人易扬锋在缅甸创建“远峰集团”，采取公司化运作模式，编写话术剧本，开展业务培训，配备作案工具，制定奖惩制度，形成组织严密、结构完整的犯罪集团。易扬锋作为诈骗犯罪集团的“老板”，组织、领导该集团实施跨国电信网络诈骗，纠集被告人连志仁加入该集团并逐步成为负责人，二人系诈骗集团的首要分子。被告人林炎兴担任主管，负责管理组长，进行业务培训指导；被告人闫斌、伏培杰、秦榛、黄仁权等人担任代理或组长，招募管理组员并督促、指导组员实施诈骗；被告人易肖锋为实施诈骗提供技术支持。2018年8月至2019年12月，该集团先后招募、拉拢多名中国公民频繁偷越国境，往返我国和缅甸之间，用网络社交软件海量添加好友后，通过“杀猪盘”诈骗手段诈骗81名被害人钱财共计1820余万元。 |
| (2) Judgment | | （二）裁判结果 |
| This case was tried by the Intermediate People's Court of Fuzhou City, Jiangxi Province in the trial of first instance and the High People's Court of Jiangxi Province in the trial of second instance. The judgment took effect. | | 本案由江西省抚州市中级人民法院一审，江西省高级人民法院二审。现已发生法律效力。 |
| The people's court was of the opinion that the criminal group leaded by defendants Yi Yangfeng and Lian Zhiren defrauded others of an extremely huge amount of property by fabricating facts and concealing the truth for the purpose of illegal possession, and thus their acts constituted a crime of fraud. In addition, Yi Yangfeng and Lian Zhiren had organized others to illegally cross the national border for several times and they themselves had illegally crossed the national border. Their acts also constituted a crime of organizing others to illegally cross the national border and a crime of illegally crossing the national border. Yi Yangfeng and Lian Zhiren were ringleaders of the fraud group and they should be punished according to all crimes committed by the group. Defendants Lin Yanxing, Yan Bin, Fu Peijie, Qin Zhen, Huang Renquan, and Yi Xiaofeng were key members of the fraud group and principal offenders and they should be punished for all crimes they participated in or organized and instructed by them. On the basis of the criminal facts of defendants, criminal nature, circumstances, and degree of social harms, Yi Yangfeng was sentenced to life imprisonment with deprival of political rights for life and confiscation of all his personal property for committing a crime of fraud, a crime of organizing others to illegally cross the national border, and a crime of illegally crossing the national border; defendant Lian Zhiren was sentenced to 16 years of fixed-term imprisonment with a fine of 580,000 yuan for committing a crime of fraud, a crime of organizing others to illegally cross the national border, and a crime of illegally crossing the national border; Lin Yanxing and other principal offenders were separately sentenced to imprisonment ranging from ten years and two months to thirteen years and two months with a fine. | | 法院认为，以被告人易扬锋、连志仁为首的犯罪集团以非法占有为目的，采取虚构事实、隐瞒真相的方法，骗取他人财物，数额特别巨大，其行为均已构成诈骗罪。易扬锋、连志仁还多次组织他人偷越国境，并偷越国境，其行为又构成组织他人偷越国境罪、偷越国境罪。易扬锋、连志仁系诈骗集团首要分子，按照集团所犯的全部罪行处罚。被告人林炎兴、闫斌、伏培杰、秦榛、黄仁权、易肖锋等人是诈骗集团的骨干分子，系主犯，按照其所参与的或组织指挥的全部犯罪处罚。根据各被告人的犯罪事实、犯罪性质、情节和社会危害程度，以诈骗罪、组织他人偷越国境罪、偷越国境罪判处被告人易扬锋无期徒刑，剥夺政治权利终身，并处没收个人全部财产。以诈骗罪、组织他人偷越国境罪、偷越国境罪判处被告人连志仁有期徒刑十六年，并处罚金人民币五十八万元；以诈骗罪、偷越国境罪等判处被告人林炎兴等主犯十三年二个月至十年二个月不等有期徒刑，并处罚金。 |
| (3) Significance | | （三）典型意义 |
| The criminal group of telecom and online fraud leaded by defendants Yi Yangfeng and Lian Zhiren committed frauds by taking avantage of corporation operation. There were a strict hierarchy, clear division of work, and distinct organizational characteristics inside the group. This fraud group located its den overseas, recruited members at home and organized them to illegally cross the national border, and wantonly defrauded domestic residents. The number of vitims was large and the amount of money involved was particularly large. Criminal groups engaging in cross-border telecom and online frauds cause great social harms, and thus are the focus of crackdowns, and their ringleaders and key members must be severely punished. The people's court sentenced ringleaders of the fraud group, Yi Yangfeng and Lian Zhiren, to life imprisonment and sixteen years of fixed-term imprisonment respectively and each of other key members to more than ten years of fixed-term imprisonment. That has reflected the policy of giving severe punishment in accordance with the law and demonstrated the function of criminal penalty to the maximum extent. | | 以被告人易扬锋、连志仁为首的电信网络诈骗犯罪集团，利用公司化运作模式实施诈骗，集团内部层级严密，分工明确，组织特征鲜明。该诈骗集团将作案窝点设在境外，从国内招募人员并组织偷越国境，对我境内居民大肆实施诈骗，被骗人数众多，涉案金额特别巨大。跨境电信网络诈骗犯罪集团社会危害性极大，系打击重点，对集团首要分子和骨干成员必须依法从严惩处。人民法院对该诈骗集团首要分子易扬锋、连志仁分别判处无期徒刑和有期徒刑十六年，对其余骨干成员均判处十年以上有期徒刑，充分体现了依法从严惩处的方针，最大限度彰显了刑罚的功效。 |
| 2. Case of Fraud Committed by Luo Huan, Zheng Tanxing, and Nineteen Other Defendants | | 二、被告人罗欢、郑坦星等二十一人诈骗案 |
| (1) Basic Facts | | （一）基本案情 |
| Since 2018, Huang [REDACTED] organized hundreds of persons to commit cross-border telecom and online frauds in Cambodia, Mongolia, and other countries and formed a criminal group, in which there were departments of business, technology, logistics, and background service. In particular, the business department took charge of searching for potential victims and inveigling them to invest on a fraudulent trading platform through WeChat and other methods. After receiving an order, the background service department defrauded a victim of money by fabricating market fall and in other ways. The victims were defrauded of over 600 million yuan in total by the criminal group. From March to October 2019, defendants Luo Huan, Wang Yafei, and other 17 persons joined the background service department of the group. In particular, Luo Huan served as person-in-charge of the background service department and was responsible for the overall work; as a key member of the background service department, Wang Yafei was responsible for arranging matching of agents and order takers and other work; and other defendants were responsible for making money statistics, providing customer service, and taking orders. The money involved defrauded by Luo Huan and other persons amounted to over 170 million yuan. Defendants Zheng Tanxing and Zheng Wen were from an unlawful private bank. Knowing that Luo Huan and other persons committed frauds, they still provided them with bank cards for a long time and transferred the fraud money for Luo Huan and other persons. | | 2018年以来，黄某某组织数百人在柬埔寨、蒙古等国实施跨境电信网络诈骗犯罪并形成犯罪集团，该诈骗集团设立业务、技术、后勤、后台服务等多个部门。其中，业务部门负责寻找被害人，通过微信聊天等方式，诱骗被害人到虚假交易平台投资。后台服务部门接单后，通过制造行情下跌等方式骗取被害人钱款。该犯罪集团诈骗被害人钱财共计6亿余元。2019年3月至10月，被告人罗欢、王亚菲等19人先后加入该集团的后台服务部门，罗欢任后台服务部门负责人，负责全面工作；王亚菲系后台服务部门的骨干成员，负责安排代理和接单人员对接等工作；其余被告人分别负责钱款统计、客服、接单等工作。罗欢等人涉案诈骗金额1.7亿余元。被告人郑坦星、郑文2人系地下钱庄人员，明知罗欢等人实施诈骗，仍长期将银行卡提供给罗欢等人使用，并对罗欢等人诈骗钱款进行转移。 |
| (2) Judgment | | （二）裁判结果 |
| This case was tried by the Primary People's Court of Tongzhou District, Nantong City, Jiangsu Province in the trial of first instance and the Intermediate People's Court of Nantong City, Jiangsu Province in the trial of second instance. The judgment took effect. | | 本案由江苏省南通市通州区人民法院一审，江苏省南通市中级人民法院二审。现已发生法律效力。 |
| The people's court was of the opinion that defendant Luo Huan and other persons actively joined the criminal group knowing that it organized and committed telecom and online frauds. With a particularly large amount of fraud money involved, their acts constituted a crime of fraud. On the basis of the criminal facts of all defendants, criminal nature, circumstances, and degree of social harms, defendant Luo Huan was sentenced to 15 years of fixed-term imprisonment with a fine of 1 million yuan for committing a crime of fraud; and defendants Wang Yafei, Zheng Tanxing, and other persons were sentenced to imprisonment ranging from 12 years to three years with a fine for committing a crime of fraud. | | 法院认为，被告人罗欢等人明知犯罪集团组织实施电信网络诈骗犯罪，仍积极参加，诈骗数额特别巨大，其行为均已构成诈骗罪。根据各被告人的犯罪事实、犯罪性质、情节和社会危害程度，以诈骗罪判处被告人罗欢有期徒刑十五年，并处罚金人民币一百万元；以诈骗罪判处被告人王亚菲、郑坦星等人十二年至三年不等有期徒刑，并处罚金。 |
| (3) Significance | | （三）典型意义 |
| Telecom and online frauds are generally committed in long-term established dens. With specific organizers and conductors, fixed key members, a strict structure, distinct hierarchy, and clear division of work in all links, the members perform their own duties and are well connected. Under most circumstances, a criminal group has been formed. Those playing roles of organization and direction shall be legally determined as ringleaders of the criminal group and key members playing primary roles, including persons-in-charge in various links, shall be generally determined as principal offenders and be punished according to all crimes they have joined or organized and directed. In this case, all departments in the criminal group leaded by Huang [REDACTED] had a clear division of work and jointly committed telecom and online frauds under mutual collaboration. In particular, the background service department and the illegal private bank were all indispensable in the chain of crime. The people's court determined that Luo Huan (person-in-charge of the background service department), Wang Yafei (a key member), and Zheng Tanxing (a person from an unlawful private bank) were principal offenders and sentenced each of them to more than ten years of fixed-term imprisonment. That has reflected the policy that ringleaders and key members of a criminal group engaging in telecom and online frauds should be legally and severely punished. | | 电信网络诈骗一般是长期设置窝点作案，有明确的组织、指挥者，骨干成员固定，结构严密，层级分明，各个环节分工明确，各司其职，衔接有序，多已形成犯罪集团，其中起组织、指挥作用的，依法认定为犯罪集团首要分子，其中起主要作用的骨干成员，包括各个环节的负责人，一般认定为主犯，按照其所参与或者组织、指挥的全部犯罪处罚。本案中，黄某某犯罪集团各部门之间分工明确，相互协作，共同完成电信网络诈骗犯罪，其中后台服务部门和地下钱庄均系犯罪链条上不可或缺的一环。人民法院对负责后台服务的负责人罗欢、骨干成员王亚菲、地下钱庄人员郑坦星依法认定为主犯，均判处十年以上有期徒刑，体现了对电信网络犯罪集团首要分子和骨干成员依法严惩的方针。 |
| 3. Case of Fraud Committed by Shi Deshan and Eleven Other Defendants | | 三、被告人施德善等十二人诈骗案 |
| (1) Basic Facts | | （一）基本案情 |
| From March to May 2019, defendant Shi Deshan incited defendant Liu Deng and other persons to illegally cross the national border into Burma and provided them with assistance. They established a fake futures investment platform and formed a telecom and online fraud team in which defendant Shen Jie served as the team leader and defendant Yu Qiang and other persons served as team members. By establishing stock exchange WeChat groups, they added many victims to the groups and opened live streaming to offer courses of stock and futures investment. After worming their way into the victims' confidence, they, in the name of Guangzhou Jinkong Network Technology Co., Ltd., inveigled the victims to remit funds to the fake trading platform on the ground of investing in futures and then closed the platform and transferred the funds. This group defrauded 29 victims of over 8.2 million yuan in total. After the occurrence of this case, relatives of defendants Shi Deshan and Liu Deng disgorged the illicit money of over 760,000 yuan on their behalf. | | 2019年3月至5月，被告人施德善指使并帮助被告人刘登等偷越国境到缅甸，搭建虚假期货投资平台，组建以被告人沈杰等为组长、被告人余强等为组员的电信诈骗团队，通过建立股票交流微信群方式，将多名被害人拉入群内开设直播间讲解股票、期货投资课程，骗取被害人信任后，冒用广州金控网络科技有限公司名义，以投资期货为由，诱骗被害人向虚假交易平台汇入资金，后关闭平台转移资金。该团伙诈骗被害群众29人钱款共计820余万元。案发后，被告人施德善、刘登等的亲属代为退赔76万余元。 |
| (2) Judgment | | （二）裁判结果 |
| This case was tried by the Primary People's Court of Shizhong District, Jinan City, Shandong Province in the trial of first instance. The judgment took effect. | | 本案由山东省济南市市中区人民法院一审。现已发生法律效力。 |
| The people's court was of the opinion that for the purpose of illegal possession, defendants Shi Deshan and Liu Deng gathered Shen Jie and nine other persons to defraud unspecific victims of an extremely huge amount of property by fabricating facts and concealing the truth by network-based means outside the territory of China, which constituted a crime of fraud. In the joint crime, Shi Deshan and Liu Deng were principal offenders. As Liu Deng fell under circumstances of voluntary surrender, truthfully confessed to the whereabouts of the illicit money controlled by Shi Deshan, and provided the public security organ with clues to investigation, he was given a mitigated punishment in accordance with the law. Shi Deshan and other persons disgorged partial or entire illicit money through their relatives or by themselves and thus each of them may be given a lighter punishment in accordance with the law. On the basis of the criminal facts of all defendants, criminal nature, circumstances, and degree of social harms, defendant Shi Deshan was sentenced to ten years and six months of fixed-term imprisonment with a fine of 300,000 yuan for committing a crime of fraud; and defendants Liu Deng, Shen Jie, Yu Qiang, and other persons were sentenced to imprisonment ranging from three years to nine years and six months with a fine for committing a crime of fraud. | | 法院认为，被告人施德善、刘登纠集沈杰等10人以非法占有为目的，采取虚构事实、隐瞒真相的方法，在境外通过网络手段向不特定多数人骗取财物，数额特别巨大，其行为均已构成诈骗罪。施德善、刘登在共同犯罪中系主犯。刘登具有自首情节并如实供述其所知晓的施德善控制的赃款下落，为公安机关提供了侦查线索，对刘登依法予以减轻处罚。施德善等人通过亲属或本人退缴部分或全部赃款，依法予以从轻处罚。根据各被告人的犯罪事实、犯罪性质、情节和社会危害程度，以诈骗罪判处被告人施德善有期徒刑十一年六个月，并处罚金人民币三十万元；以诈骗罪判处被告人刘登、沈杰、余强等人九年六个月至三年不等有期徒刑，并处罚金。 |
| (3) Significance | | （三）典型意义 |
| In this case, defendants Shi Deshan and Liu Deng organized personnel to commit telecom and online frauds in a foreign country and defrauded domestic victims of money amounting to over 8 million yuan. The people's court accurately determined the case facts, thoroughly investigated the whereabouts of the illicit money involved, coordinated with the public security organ and the procuratorial organ, seized and froze the illicit money involved of over 4.63 million yuan in a timely manner, and encouraged defendants to disgorge the illicit money and pay compensation by flexibly applying the penalty adjustment functions. At the stage of trial, relatives of defendants Shi Deshan and Liu Deng disgoraged partial illicit money on behalf of them. The people's court distributed the money recovered to the victims on a pro-rata basis and ordered the principal offenders involved to continue to get the shortfall recovered. The accessory offenders involved should assume the joint and several liability for recovery to the extent of the illicit money they obtained. In this case, property losses amounting to over 5.39 million yuan were recovered, reaching high ratio of recovery of the illicit money and losses. While trying the case in accordance with the law, the people's court upheld the idea of justice for the people and made efforts to recover the illicit money and losses, encouraged defendants to actively disgorge the illicit money and pay compensation, returned the money recovered to the victims in a timely manner, and recovered economic losses to the victims to the maximum extent. The above efforts have achieved good legal effects and social effects. | | 本案被告人施德善、刘登组织人员前往境外实施电信网络诈骗犯罪，骗取境内被害群众钱款800余万元。人民法院准确认定案件事实，彻查涉案赃款流向，与公安、检察机关协调配合，及时查扣、冻结涉案赃款463万余元，并灵活运用刑罚调整功能，鼓励被告人退赃退赔。在审判阶段，被告人施德善、刘登等人的亲属代为退赔部分赃款，人民法院按照比例发还各被害人，不足部分责令本案主犯继续退赔，本案从犯在各自分得赃款范围内承担连带退赔责任。全案共计挽回财产损失539余万元，追赃挽损率较高。人民法院在依法审判案件的同时，坚持司法为民和全力追赃挽损，鼓励被告人积极退赃退赔，及时返还被害人，最大限度挽回被害群众的经济损失，取得了良好的法律效果和社会效果。 |
| 4. Case of Fraud Committed by Wu Jiancheng and Four Other Defendants | | 四、被告人吴健成等五人诈骗案 |
| ．．．．．． | | ．．．．．． |
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