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18 people were sentenced by the court and 3 people were not prosecuted because of minor circumstances

2022-08-15   

When handling the case of Ling and Yao helping 21 people with information network crimes, the Baiyin District Procuratorate of Baiyin City, Gansu Province moved the evidence gate forward by intervening in advance, and strictly implemented the criminal policy of Combining Leniency with severity, prosecuted 18 defendants according to law, and decided not to prosecute 3 minor suspect. Recently, the court sentenced the defendants Ling and Yao to one year to six months' imprisonment and fined each of them for helping information network crimes. In the middle of December 2021, Mr. Li, who lives in Baiyin District, was dragged into a "wall climbing" chat software while browsing part-time information on his mobile phone. During the chat, Mr. Li saw someone in the group explain the video of downloading and installing a "score running" software, and teach how to bind bank cards to transfer funds for profit and avoid legal attacks. After reading the detailed operation process, Mr. Li thought that the platform might be suspected of committing a crime and immediately reported to the public security organ. After the police investigation, it was found that the "running score" software took advantage of people's desire to make easy money to help defraud, gambling crimes and illegal transfer and settlement of funds. Subsequently, the police discovered a large number of users using the "score running" software through remote data inspection of the "score running" communication group in a "wall climbing" chat software, and immediately arrested them. On February 21 this year, 21 people including Ling and Yao were arrested. After arriving at the case, 21 people said that they downloaded and installed a "wall climbing" chat software and accelerator while browsing the website through their mobile phones, and then downloaded and installed the "running score" software. It is reported that Ling and others paid deposits ranging from 2000 yuan to tens of thousands of yuan in the "running score" software, and bound several bank cards of themselves and their relatives to obtain orders. After the order is successfully obtained, the bound bank card will be transferred into the same amount of money as the order. Ling and others will transfer the money in the bank card to the bank card provided by the customer service of the "score running" software, which completes a "score running" operation. After the transfer is completed, the customer service will give a rebate of 6% or 7% to Ling and others. In order to avoid the attack of the public security organs, the "running score" software constantly changed its name and icon. According to investigation, from April 2021 to February 2022, 21 people, including Ling and Yao, used the above methods to help illegal elements to illegally settle funds ranging from more than 550000 yuan to more than 11.44 million yuan. "The number of people involved in this case is large, the amount is large, the social impact is wide, and it is difficult to obtain evidence." The police handling the case said. Therefore, the public security organ issued an invitation to the procuratorial organ to intervene in advance. "Relying on the functional role of the investigation supervision and coordination office, we sent personnel to intervene in advance for many times during the investigation stage and before the examination and prosecution. We found that there were problems such as unclear sources of funds, unclear details of bank card transactions, and unclear subjective knowledge of the suspect." Introduction by the prosecutor of Baiyin District procuratorate. In order to guide the public security organs to comprehensively collect evidence, the prosecutor and the investigators reviewed the papers and made joint consultations, and put forward more than 90 written suggestions to guide the investigation. They required to clarify the level of the bank card involved in the case, extract and recover the electronic data such as chat records in the mobile phone of the suspect, and use objective evidence to confirm the illegality of the source of settlement funds and the subjective intention of each suspect, so as to speed up the follow-up of the case

Edit:Wei Li Bin Responsible editor:Yin Bing

Source:The Procuratorate Daily

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