Case Ⅰ

　　Cross-border telecommunications network fraud case of Liang and others

　　[Basic facts]

　　From February to September 2020, Liang Mou-gang, together with He Mou-hua (another case) and others, set up fraud dens in Muse, Myanmar, to solicit criminal gangs such as telecommunication network fraud, to manage the criminal gangs, to collect "property" fees such as rent, water and electricity from the criminal gangs, and to provide personal information and short messages for citizens. In order to obtain huge illegal benefits. Meanwhile, Wang Mou (another case) led the fraud team into the fraud nest managed by Liang Mou, instructed Huang Mou (another case) and others to build a false "Easy Flower" loan App platform server, and Lin Mou used short message group sending technology to send a large number of short messages containing false "Easy Flower" loan App links to domestic telecom users. Li Mouyu, Wang Mouhui and others, under the organizational arrangement of Wang Mou and others, contacted domestic victims through "QQ" voice telephone, pretended to be customer service personnel of the loan platform to defraud the victim's trust, and induced the victim to pay the certification fee and thawing fee in the name of handling the loan, so as to defraud the victim's funds. After investigation, the fraud group used the above methods to defraud more than 1400 victims of nearly 60 million yuan.

　　In addition, it was found that Liang Mou, Wang Mou and others carried out "money laundering" through "Teda Coin" transactions and transferred the stolen money to China. Liang Moufu, Wang Moulin and others conspired with Liang Mou, Wang Mou and others in advance, knowing that it was the proceeds of telecommunication network fraud, and helped to transfer it by transferring money and collecting cash. Liang Mouhong, Wang Mouhong, Gui Mouhong and others, as relatives of Liang Mouhong, Wang Mouhong and He Mouhua, received and hid the cash and other property transferred by the relevant personnel as the proceeds of telecommunication fraud. After the incident, the public security organs seized cash, gold, funds and other property amounting to nearly 60 million yuan.

　　In mid-September 2020, three people, including Liang, ganged up and contacted the "snakeheads" of smuggling gangs in northern Myanmar, and illegally crossed the border into Ruili, Yunnan, through the border areas reached by villages in Myanmar.

　　[Proceedings]

　　On August 14, 2020, Jinyuan Branch of Taiyuan Public Security Bureau of Shanxi Province filed the case for investigation. On March 17, 2021, Jinyuan Branch of Taiyuan Public Security Bureau transferred Liang and others to Jinyuan People's Procuratorate for examination and prosecution, and Jinyuan People's Procuratorate submitted the case to Taiyuan People's Procuratorate. On July 13, 2021, the Taiyuan People's Procuratorate prosecuted 23 people, including Liang Mou, for the crime of fraud, the crime of illegally crossing the border, the crime of concealing and concealing the proceeds of crime and the proceeds of crime.

　　On December 15, 2021, the Intermediate People's Court of Taiyuan City, after hearing the case according to law, sentenced Liang Mou, the ringleader, to life imprisonment, deprivation of political rights for life and confiscation of all personal property for the crime of fraud and illegally crossing the border; Eight key members of the criminal group, including Lin Mou, Liang Moufu and Wang Moulin, were sentenced to fixed-term imprisonment ranging from 14 years, 5 months to 11 years for fraud, and fines ranging from RMB 1050000 to 300000 yuan; Seven ordinary participants, including Li Mouyu and Wang Mouhui, were sentenced to fixed-term imprisonment ranging from seven years and four months to one year and nine months for fraud, and fined from 110000 yuan to 13000 yuan; Liang Mouhong, Wang Mouhong, Gui Mouhong and other seven persons who transferred the proceeds of fraud and proceeds within the territory of China were sentenced to fixed-term imprisonment ranging from six years, three months to three years for the crime of concealing or concealing the proceeds of crime and the proceeds of crime, and were fined from 500,000 yuan to 100,000 yuan; the losses of the victims were returned in time according to law. After some defendant appealed, the second instance upheld the original judgment.

　　[Typical meaning]

　　1. We will severely crack down on cross-border telecommunications network fraud criminal groups and their ringleaders and behind-the-scenes "gold owners" in accordance with the law. In recent years, overseas fraud organizations have taken on a new form, with criminals setting up fraud dens abroad, seemingly not directly committing fraud, but by recruiting fraud gangs or personnel, providing fraud gangs with criminal sites, conditions, armed asylum, personnel management and other services, implementing management control over criminal gangs and their members, and gradually forming a relatively large one. It also collects huge amounts of money by drawing dividends or collecting related fees, and carries out fraudulent activities wantonly, which seriously infringes on the safety of people's lives and property and does great harm to society. For cross-border telecommunications network fraud groups and their ringleaders and behind-the-scenes "gold owners", we should make full use of legal weapons, maintain a high-pressure and severe punishment situation, and form a strong deterrent. We should not only strictly apply the penalty of freedom according to law to highlight the "zero tolerance" position, but also strengthen the application of property penalty to deprive the ability of recidivism to the maximum extent. If the amount of fraud is particularly huge and the circumstances of the crime are particularly serious, he shall be sentenced to life imprisonment and confiscation of all personal property according to law.

　　2. Severely punish those who provide domestic asset transfer assistance for cross-border telecommunications network fraud crimes according to law, and seize the proceeds of fraud and transformation of criminals to the greatest extent. The case-handling organ shall make every effort to find out the property status of the criminal group and the flow of the funds obtained from the crime, promptly and accurately seal up, seize and freeze the relevant assets, and recover the stolen goods to the maximum extent. For those who assist in transferring or concealing the proceeds of crime and transforming the proceeds of crime within the territory of China, they shall be investigated for criminal responsibility according to law for the crime of complicity in fraud or concealing or concealing the proceeds of crime and the proceeds of crime in the light of their subjective knowledge and the degree of participation in the crime.

　　Case Ⅱ

　　Cross-border telecommunications network fraud case involving Ge and others

　　[Basic facts]

　　From 2019 to 2020, a fraud criminal group headed by Zhao Mou and Zhang Mou (both handled separately) recruited more than 400 people in China to commit fraud in Cambodia. Ge Mou, as the "team boss" of the criminal group (belonging to the second level of the criminal group), invested and recruited a large number of people to form a business team, Liu Mou, Li Mou and others served as "team leader" and other positions, organizing and directing salesmen to commit fraud. The fraud group takes the group as a unit and carries out "many-to-one" precise fraud in the group's Wechat group. The salesman uses the mobile phone and micro-signal issued by the group to form a Wechat group, and then the drainage team lures the victim into the group with false publicity such as free teaching and stock recommendation, and then the business team plays the roles of "lecturer", "assistant in the group" and "ordinary shareholder" in the Wechat group through multiple micro-signals controlled by the business team. "Ordinary shareholders" speak and send screenshots according to words, advocate the level of "lecturer" stock speculation, and induce victims to invest in stock speculation on the false stock investment platform controlled by the group. After the victim invested money, the group controlled the rise and fall through the backstage, so that the victim mistakenly thought that the "investment" appreciated and could be withdrawn at any time, and then increased the investment, and then the group took the victim's money as its own by restricting the withdrawal and closing the platform. After investigation, the criminal group defrauded more than 500 victims, totaling more than 150 million yuan.

　　[Proceedings]

　　This case is a huge cross-border telecommunications network fraud case jointly listed and supervised by the Supreme Procuratorate and the Ministry of Public Security. On December 30, 2020, the Public Security Bureau of Jinhua City, Zhejiang Province, filed the case for investigation. From July 2021 to November 2023, the public security organs of Jinhua City transferred Ge and others suspected of fraud to the procuratorial organs of Jinhua City for examination and prosecution. From October 2021 to March 2024, the procuratorial organs at the two levels of Jinhua City prosecuted Ge and others on suspicion of fraud.

　　From December 2021 to May 2024, the two-level court of Jinhua City sentenced the team boss Ge Mou to life imprisonment for fraud, deprived of political rights for life, and confiscated all personal property; sentenced the team leaders Liu Mou and Li Mou to fixed-term imprisonment ranging from 14 years to 10 years and 3 months, and fined them; Another 379 team directors, team managers, team leaders and salesmen were sentenced to more than three years'imprisonment and fines. After some defendant appealed, the second instance upheld the original judgment.

　　[Typical meaning]

　　The backbone members and active participants of cross-border telecommunications network fraud criminal groups shall be severely punished according to law. In recent years, cross-border telecom network fraud criminal groups have shown new characteristics such as scale and collectivization. Some criminals are recruited by overseas criminal groups and go abroad to fraud dens. Under the management and shelter of criminal groups, they form fraud groups and carry out fraud activities wantonly, which seriously infringes on the property rights and interests of the people and does great harm to society. Other principal offenders, backbone members and active participants other than ringleaders of criminal groups who play a key role in group crime and defraud a particularly large amount of money shall be severely punished according to law. If the amount of fraud is especially huge and the circumstances are especially serious, he may be sentenced to life imprisonment according to law and confiscation of all personal property.

　　Case Ⅲ

　　Li Mou-mou and others cross-border telecommunications network fraud case

　　[Basic facts]

　　In 2018, Li Mou smuggled out of the country to Myanmar to rent a site for the implementation of telecommunications network fraud, and with the "money laundering" gang to transfer the stolen money. In the second half of 2019, Li Mou-mou invested in transforming the Jiaolin Hotel in Nandeng, Myanmar, into a fraud den integrating fraud studio, communication network connection, security and accommodation, recruiting more than 1000 fraudsters such as Rao Mou-mou to carry out telecommunication network fraud in the den, and gradually developed into a fraud with Li Mou-mou as the leading member. Liao Mou-mou, Lin Mou-mou and others are the backbone members of the telecommunications network fraud criminal group. The criminal group carried out telecommunication network fraud against citizens in China by means of "pig-butchering", false investment and financial management, and false bill-brushing, totaling more than 700 victims of more than 98 million yuan.

　　Li Mou-mou also rented part of the site of Jiaolin Hotel to other fraudulent gangs, providing living accommodation, security, technical support and other services, and set up a "card department" to help transfer the proceeds of fraudulent crimes. The criminal group headed by Li Mou-mou has collected more than 30 million yuan in rent from other fraudulent gangs.

　　[Proceedings]

　　This case is a huge cross-border telecommunications network fraud case jointly listed and supervised by the Supreme Procuratorate and the Ministry of Public Security. From June 2021 to September 2021, the public security organs of Longyan City, Fujian Province, successively investigated a series of cross-border telecommunications network fraud cases involving Li Mou-mou and others. From February 2022 to March 2024, the public security organs of Longyan City transferred 122 people, including Li Mou-mou, Liao Mou-mou and Lin Mou-mou, to the procuratorial organs of Longyan City for examination and prosecution on suspicion of fraud, organizing others to illegally cross the border and illegally crossing the border. From March 2022 to April 2024, the procuratorial organs of Longyan City prosecuted 122 people, including Li Mou-mou, Liao Mou-mou and Lin Mou-mou, for committing fraud, organizing others to illegally cross the border, illegally crossing the border, concealing the proceeds of crime, and helping information network criminal activities. He also put forward sentencing suggestions for severe punishment to Li Mou-mou and other "gold owners" and backbone members. More than 10 defendant, such as Fu Mou-mou, who helped transfer the proceeds of fraud in the "Card Department" of Jiaolin Hotel, were prosecuted by the procuratorial organs for the crime of fraud and the crime of illegally crossing the border.

　　From April 2022 to May 2024, the judicial organ of Longyan City, after hearing according to law, sentenced Li Momou, the "gold owner" of the criminal group, to 18 years'imprisonment and a fine of RMB 8550000 for the crime of fraud and organizing others to cross the border illegally; Nine key members, such as Liao Mou-mou and Lin Mou-mou, were sentenced to fixed-term imprisonment ranging from eight years and eight months to three years and two months, and fined from RMB 5130000 to 100000 yuan; One hundred and twelve ordinary participants, such as Rao Mou, were sentenced to fixed-term imprisonment ranging from seven years to seven months for the crime of fraud, the crime of illegally crossing the border, the crime of concealing the proceeds of crime, and the crime of helping information network crimes, as well as fines ranging from RMB 5500000 to 5000 yuan. More than 10 defendant, such as Fu Moumou, who committed crimes in the "card department" of Jiaolin Hotel, were sentenced to fixed-term imprisonment ranging from seven to three years and six months for the crime of fraud and illegally crossing the border (frontier), and fined from 600000 to 50000 yuan.

　　Judicial organs cooperate with each other and insist on recovering stolen goods throughout the whole process of criminal proceedings. The public security authorities seized nearly 200 million yuan worth of cash, as well as a large number of houses, cars, gold, expensive watches, and virtual currency; the procuratorates urged all defendant to return the stolen goods and pay more than 3.62 million yuan in compensation; the judicial authorities increased the application of the fine penalty, and the total amount of the fine penalty that has been sentenced in cases has reached more than 51.67 million yuan. The property obtained by the defendant's fraud shall be returned to the victim according to law.

　　[Typical meaning]

　　Strictly determine the amount of cross-border telecommunications network fraud group crime according to law, increase the recovery of property involved in the case and the application of property penalty, and resolutely "cut off money and blood". Some criminals not only set up their own fraud gangs to commit fraud, but also provide other fraud gangs with crime sites, communication networks, security, accommodation and other services. In this regard, the amount of fraud should be strictly determined according to law, including not only the amount of fraud of the group, but also the amount of fraud of other fraud groups that provide service guarantee. If it is difficult to verify the amount of money defrauded by other fraud gangs, it may be converted according to the amount and method of drawing dividends or collecting fees from the criminal gangs that the criminal gangs serve and guarantee; if it is impossible to convert, the amount of drawing dividends or collecting fees may be recognized as the amount of crime. We should intensify efforts to recover stolen goods and losses, screen the nature of property in a timely manner according to law, and accurately seize and freeze property involved in the case, especially concealed assets. If the funds of telecommunication network fraud have been converted into houses, cars, gold, precious watches and virtual currencies through consumption, attention should be paid to examining and screening the sources of funds for purchasing the above-mentioned assets, so as to prevent criminals from "washing" the proceeds of crime through consumption and other means. The case-handling organs should make full use of the criminal policy of tempering justice with mercy to guide the personnel in the case to return the stolen goods voluntarily and make every effort to recover the losses of the victims. We should strengthen the application of property penalty according to law, truly realize the goal of "cutting off money and blood", work together to cut off the chain of fund transfer of cross-border telecommunication network fraud crimes, and eradicate the economic soil on which fraud crimes breed and spread.

　　Case IV

　　Zeng, Guo and othersCross-border telecom network fraud

　　[Basic facts]

　　From April to September 2020, Zeng Mou-mou and Guo Mou-mou, in order to carry out cross-border telecommunications network fraud, arranged Zhou Mou-mou to smuggle into Muse, Myanmar, to find a fraud nest, and then hired Li Mou-mou and others as the head of the fraud business team, gathered more than 50 people to smuggle into Muse's fraud nest in Myanmar, gradually forming Zeng Mou-mou and Guo Mou-mou as the ringleaders. Li Mou, He Mou and others are active participants, while Li Mouqiang, Mao Mouzhi and other salesmen are general members of the fraud criminal group. The fraud criminal group uses mobile phone WeChat to add domestic victims as friends, to set up fictitious chat numbers, to cultivate feelings, and then to introduce the victim to the false investment platform "Star Hui" App, to lure the victim to invest with a high rebate, to win the victim's trust, so as to induce the victim to increase the amount of investment, and then through the platform. A total of more than 15 million yuan was defrauded. In May 2020, some ordinary members, such as Mao Mouzhi, left the nest and returned home, and did not engage in telecommunication network fraud.

　　From November 2020 to March 2021, Li and Mao gathered more than 20 people to illegally cross the border to Muse, Myanmar, to carry out fraudulent activities, and gradually formed a telecommunications fraud criminal group with Li and Mao as the ringleaders. The criminal group used the same fraud method to defraud more than 100 victims in China, with a total amount of more than 2 million yuan.

　　[Proceedings]

　　This case is a huge cross-border telecommunications network fraud case jointly listed and supervised by the Supreme Procuratorate and the Ministry of Public Security. On August 7, 2021, the Public Security Bureau of Lianyuan City, Hunan Province, filed the case for investigation. On May 16, 2022, the Lianyuan Public Security Bureau transferred 24 people, including Zeng and Guo, to the Lianyuan People's Procuratorate for examination and prosecution. On June 16, 2022, the People's Procuratorate of Lianyuan City prosecuted Zeng Mou-mou, Guo Mou-mou and others for the crime of fraud, organizing others to cross the border illegally, and the crime of crossing the border illegally, and put forward sentencing suggestions for Zeng Mou-mou, Guo Mou-mou, Li Mou-mou and Mao Mou-mou to be severely punished according to law. For Mao Mouzhi and others who illegally crossed the border to the fraud dens, those who chatted in the fraud dens in the early stage and then left the fraud dens were prosecuted for the crime of fraud and the crime of illegally crossing the border.

　　On March 17, 2023, the People's Court of Lianyuan City, after hearing the case in accordance with the law, sentenced the ringleaders of the criminal group, Zeng Mou, Guo Mou, Li Mou and Mao Mou, to fixed-term imprisonment ranging from 18 years and 6 months to 14 years and 10 months for the crime of fraud and organizing others to illegally cross the border, and imposed fines ranging from 600000 yuan to 400000 yuan; Key members of criminal groups, active participants Zhou Mou-mou and He Mou-mou were sentenced to fixed-term imprisonment ranging from 13 years to 10 years and 6 months for the crime of fraud, organizing others to illegally cross the border and illegally crossing the border, and fined from 300000 yuan to 210000 yuan; Seventeen ordinary participants, including Li Mouqiang and Mao Mouzhi, were sentenced to fixed-term imprisonment ranging from eight years and three months to one year and two months for the crime of fraud and illegally crossing the border, and fined from 70000 yuan to 25000 yuan. After some defendant appealed, the second instance upheld the original judgment.

　　[Typical meaning]

　　Criminals who go abroad to commit fraud shall be severely punished according to law. With the intensification of the crackdown on domestic telecommunications network fraud crimes, a large number of domestic fraud dens have been transferred abroad. Under the temptation of "high salary", some domestic personnel go abroad to commit the crime of telecommunication network fraud, which should be severely punished according to law. In view of the long chain and many links of telecommunication network fraud crime, the actors cooperate with each other to complete the crime, so the actors argue that they only carry out advertising promotion, chat drainage and other acts, and do not directly carry out fraud, which does not affect the identification of fraud. If a perpetrator participates in an overseas fraud gang and then leaves the fraud nest, the perpetrator shall bear criminal responsibility for the amount of the crime committed by the criminal group during his participation in the commission of the crime. If the evidence in the case cannot find out the specific amount of fraud committed by the perpetrator, nor can it find out the amount of fraud committed by the fraud group during the period of his participation in the crime, but if the perpetrator has left the country for more than 30 days in a year or has left the country for many times, he may be investigated for criminal responsibility for the crime of fraud according to law.

　　Case Ⅴ

　　Liu Mou-mou and others cross-border telecommunications network fraud case

　　[Basic facts]

　　From July 2019 to May 2021, in order to seek illegal interests, Jiangmou (another case) successively invested in leasing places and recruiting people to use false investment platforms to commit telecommunication network fraud in Mengbo, Myanmar, Madewang, Cambodia, Phnom Penh, Manila, Philippines and Miluo City, Hunan Province. The fraud group consists of team leaders, team leaders, salesmen and other levels, and has special logistics security personnel. The fraud is carried out in stages, each of which lasts about two months. It has been found that nine team leaders of the criminal gang have organized 212 people to participate in fraud, and each team leader has organized fraud for 1 to 6 periods. Among them, Liu Mou-mou, Zhang Mou-mou and other nine team leaders are responsible for grouping team members, appointing team leaders, arranging specific work, statistical performance and distributing the proceeds of crime, docking logistical support, etc. According to the team fraud amount of 1% commission, involving more than 3800 victims, the total amount of fraud is more than 270 million yuan. Wen Mou-mou, Zhong Mou-mou and other 13 people are group leaders, responsible for providing speech skills, managing and guiding salesmen to commit fraud, according to 2% of the amount of fraud in this group; 192 salesmen, such as Li Mou-mou and Wang Mou-mou, are responsible for explaining the knowledge of stocks and virtual currencies on WeChat exchange groups and live broadcasting rooms, inducing victims to invest in stocks and virtual currencies on false MT4 and Central Plains Securities platforms, and constantly deceiving victims to invest by controlling the increase of platforms to give small withdrawals. According to the commission of 1% to 10% of the amount of fraud in this group, there are 7 logistics security personnel such as Xing and Liang, who are responsible for maintaining the order of the fraud site, picking up and delivering salesmen, guaranteeing accommodation, purchasing furniture, computers, telephone cards, maintaining the network and computers, etc.

　　[Proceedings]

　　This case is a huge cross-border telecommunications network fraud case jointly listed and supervised by the Ministry of Public Security and the Supreme People's Procuratorate. On November 4, 2020, the Banan District Branch of Chongqing Public Security Bureau filed a case for investigation. From July 2022 to January 2024, the Banan District Branch successively transferred Liu Mou-mou and others to the People's Procuratorate of Banan District for examination and prosecution on charges of fraud and illegally crossing the border. From June 2022 to February 2024, the People's Procuratorate of Banan District prosecuted Liu Mou-mou and others on suspicion of fraud, organizing others to illegally cross the border and illegally cross the border, and put forward sentencing suggestions for Liu Mou-mou, Zhang Mou-mou and other key members of the criminal group.

　　From July 2022 to March 2024, the People's Court of Banan District, after trial according to law, sentenced the team leaders Liu Mou-mou and Zhang Mou-mou to fixed-term imprisonment ranging from 13 to 10 years and fines ranging from 480000 to 300000 yuan for fraud; Group leaders Wen, Zhong and others were sentenced to eight to seven years of imprisonment and fined more than 70,000 yuan for the crime of fraud and organizing others to illegally cross the national border (frontier); salesmen Li, Wang and others were sentenced to four to two years of imprisonment and fined 40,000 to 20,000 yuan for the crime of fraud and illegally crossing the national border (frontier); Logistics security personnel Xing Mou-mou and Liang Mou-mou were sentenced to fixed-term imprisonment ranging from three years and six months to two years and nine months for fraud, and fined from 36000 yuan to 28500 yuan.

　　With the cooperation of the case-handling organs, it was found out that Jiangmou was the "gold owner" of the criminal gang at large, and that Jiangmou had "legalized" the fraudulent funds by purchasing virtual currency, gold, shares held by others and funds, so that the fraudulent funds were frozen and recovered in time according to law, and the value of the property involved in the case was more than 135 million yuan. After some defendant appealed, the second instance upheld the original judgment.

　　[Typical meaning]

　　Criminals engaged in service work in overseas fraud dens shall be punished accurately according to law. With the gradual scale, corporatization and park of overseas fraud criminal groups, the number of people involved in the implementation of fraud is increasing, and the number of people engaged in order management, technical support and life services in fraud dens is also increasing, which provides important support for the daily operation of criminal groups and the implementation of fraud activities, and their behavior is also harmful to society. For the personnel engaged in service guarantee work, we should accurately screen and treat them differently, which should be strict and lenient. For those who provide catering, accommodation, security property, technical support and other services in cross-border telecommunications network fraud dens, the evidence in the case can prove that they subjectively know that they are providing services for fraud dens, and continue to provide life services and technical support for a long time. If the service guarantee provided plays an important role in supporting and promoting the organization and management of fraud criminal groups, the maintenance of order and the implementation of fraud, it should be recognized as an accomplice in the crime of fraud. If the cooks, cleaners and other general workers who have entered the criminal dens of fraud for a short time and engaged in general service and labor work do not receive normal remuneration significantly higher than labor activities they engage in, and their behavior has little effect on the implementation of fraud, it can be considered that the circumstances are obviously minor, the harm is not serious, and it is not considered a crime.

　　Case VI

　　Cross-border telecommunications network fraud case involving Wang and others

　　[Basic facts]

　　At the beginning of 2019, Wang Mou, Xie Mou, Min Moujia, Min Mouyi, Min Moubing and Min Mouding conspired in China and agreed to set up a fraud den in northern Myanmar to carry out telecommunication network fraud activities. On May 12, 2019, Min Moujia ordered Min Moubing and Min Mouding to gather seven people, including Sumou, to fly from Wuhan City, Hubei Province, to Xishuangbanna Dai Autonomous Prefecture, Yunnan Province, to contact the "snakehead" to smuggle to Mengla City, Myanmar, and set up a telecommunications fraud criminal group in the eastern wing. The criminal group deceives the victim's trust by "recommending stocks", then drains the victim to the "Yiqun International" false platform to speculate in futures, and through the cooperation of micro-signals such as teacher's number, assistant's number and water army's number, it jointly deceives the victim to invest in the false platform, maliciously causing the victim's funds in the platform account. Finally, the platform is closed to defraud the victim of the remaining funds in the platform account. As of late July 2019, a total of 18 investors in China had been defrauded of more than 10.2 million yuan. Among them, Wang Mou and Min Moujia are behind-the-scenes organizers and investors, responsible for recruiting managers and technicians, organizing domestic and foreign personnel to carry out fraudulent activities; Xie Mou and Min Mouyi set up a drainage company in China, assisted by Hu Mou to find shareholders and drain to the false investment platform; Min Moubing, as the logistics supervisor, is responsible for the logistics support of the dens, and Min Mouding, as the technical supervisor, is responsible for providing technical support for telecommunication network fraud; in addition, seven salesmen, including Su Mou, are responsible for the implementation of specific fraud activities.

　　[Proceedings]

　　On August 8, 2019, the Kunshan Public Security Bureau of Jiangsu Province filed the case for investigation. From November 2019 to May 2020, the public security organs transferred 10 people suspected of fraud and organizing others to illegally cross the border for examination and prosecution. From April 2020 to June 2020, the People's Procuratorate of Kunshan City, after examination, added seven fraud facts, added the amount of fraud to more than 500000 yuan, and added the amount of crime to more than 10.2 million yuan. Ten people, such as Min Moujia, were prosecuted successively for the crime of fraud and organizing others to cross the border illegally. In July 2022, the People's Procuratorate of Kunshan City, after examining and considering that Wang Mou, Xie Mou and Min Mouyi, three behind-the-scenes "gold owners" of the fraud group, were suspected of committing crimes, decided to make additional arrests. In September of the same year, the public security organs transferred Wang Mou, Xie Mou, Min Mouyi and others suspected of fraud and illegally crossing the border for examination and prosecution. In September of the same year, the People's Procuratorate of Kunshan City prosecuted Wang Mou, Xie Mou, Min Mouyi and others on suspicion of fraud and illegally crossing the border, and put forward sentencing suggestions for severe punishment to the behind-the-scenes "gold owners" and backbone members.

　　From February 2021 to December 2022, the Kunshan People's Court, after trial according to law, sentenced Min Moujia, the "gold owner", to 14 years'imprisonment and a fine of 260000 yuan for the crime of fraud and organizing others to illegally cross the border; Wang Mou, the "gold owner", was sentenced to 13 years and 3 months in prison and fined 310,000 yuan for the crime of fraud and illegally crossing the border. Min Moubing, the logistics supervisor, and Min Mouding, the technical supervisor of the fraud den, were sentenced to 11 years in prison and fined 210,000 yuan for the crime of fraud and organizing others to illegally cross the border; Xie Mou and Min Mouyi, the organizers of domestic drainage personnel, were sentenced to 10 years'imprisonment and a fine of RMB 200000 yuan for fraud; Hu Mou, the assistant drainage personnel, was sentenced to 8 years' imprisonment and a fine of RMB 150000 yuan for fraud; Seven other persons, such as Sumou, who committed telecommunication network fraud abroad, were sentenced to fixed-term imprisonment ranging from seven to five years and six months and fined for the crime of fraud. Now the judgment has come into effect.

　　[Typical meaning]

　　We will thoroughly investigate cross-border telecommunications network fraud crimes, pursue and prosecute behind-the-scenes "gold owners" and actual controllers in accordance with the law, and ensure thorough investigation. Cross-border telecommunication network fraud crime presents the characteristics of industrialization and collectivization, with a long chain of crimes and many levels. The case handlers should pay attention to thoroughly investigating the crime, ensure that the crime is thoroughly investigated, and find out the organizational structure, criminal mode, personnel situation and status of the criminal group according to law, so as to fully tap the clues of upstream and downstream crimes and find out the facts of the crime in an all-round way, and discover the omission of criminal suspect or criminal facts. In particular, those who omit the hidden "gold owners" or actual controllers behind the scenes should be promptly pursued and prosecuted and severely punished according to law.

　　Case VII

　　Zhang, Huang and othersCases of swindling and illegally crossing the border

　　[Basic facts]

　　From the beginning of 2019 to April 2021, "Chen Feng" (another case) set up a telecommunication network fraud crime nest for Chinese residents in the old street "wine room" of Kokang Autonomous Region (hereinafter referred to as Kokang) in northern Shan State of Myanmar, and formed a fraud gang by direct operation and agency. Recruiters pretend to be loan company staff through chat software such as WeChat and use false App such as "Zhaolian Finance" to defraud victims'property in China on the grounds that they need to pay "membership fee" and "margin" for online loans.

　　From July 2019 to December 2020, six people, including Zhang Moumou and Huang Moumou, were smuggled to Kokang successively. Among them, Zhang Mou-mou, Huang Mou-mou and Ning Mou-mou (another case) conspired in Tianmen City, Hubei Province. Zhang Mou-mou paid the smuggling fee in advance and contacted the intermediary who illegally crossed the border. Under the arrangement of the intermediary, the three people jointly took a bus to Baoshan City, Yunnan Province, and registered in a hotel in Baoshan City on November 26, 2020. Later, under the intermediary arrangement, Zhang Mou-mou led Huang Mou-mou and Ning Mou-mou to cooperate with each other to smuggle to Kokang and join the "wine room" fraud dens one after another. Among them, Zhang Mou-mou served as the business team leader, responsible for the specific implementation of fraud and assisting the management team salesmen, Huang Mou-mou, Duan Mou-mou and other five people served as salesmen, false App background administrators, through the network to implement fraud.

　　After investigation, the cumulative time for the above-mentioned defendant to go abroad for fraud crimes within one year is more than 30 days. Among them, Zhang Mou-mou and Huang Mou-mou are more than 130 days, Duan Mou-mou, Fan Mou-a and Su Mou-mou are more than 90 days, and Fan Mou-b is more than 60 days.

　　[Proceedings]

　　On January 20, 2021, Xinwu Branch of Wuxi Public Security Bureau of Jiangsu Province filed the case for investigation. On August 29, 2023, the public security organs transferred six people, including Zhang Mou-mou and Huang Mou-mou, for examination and prosecution on suspicion of fraud and illegally crossing the border. On December 1, 2023, the People's Procuratorate of Xinwu District of Wuxi City prosecuted three people, Zhang Mou-mou and Huang Mou-mou, on suspicion of fraud and illegally crossing the border, and Duan Mou-mou, on suspicion of fraud.

　　The People's Court of Xinwu District of Wuxi City, after hearing the case according to law, sentenced three defendant, Zhang Moumou and Huang Moumou, to fixed-term imprisonment ranging from one year to six months and fines ranging from 5000 yuan to 10000 yuan, for the crime of fraud and the crime of illegally crossing the border; Three defendant, Duan Mou and others, were sentenced to fixed-term imprisonment ranging from seven months to six months and fines ranging from 4000 yuan to 3000 yuan for fraud. After the first trial was pronounced, none of the defendant appealed, and the judgment came into effect.

　　[Typical meaning]

　　Criminals who smuggle out of the country and engage in telecommunication network fraud shall be severely punished according to law. Overseas telecommunication network fraud criminal groups often recruit a large number of people under the banner of high salaries to engage in telephone calls, chat drainage and other work, attracting people to "pan for gold", but actually carry out fraudulent activities. Some people in China, knowing that overseas fraud dens commit fraud and other criminal activities, still covet "high salaries" to go there, and in order to go to overseas fraud dens and evade border inspection, take the way of border smuggling or fraudulent entry and exit documents with fictitious reasons to smuggle out of the country. For such acts, they should be severely punished according to law for the crime of fraud and the crime of illegally crossing the border (border), and cut off the channels for transporting fraud personnel for fraud groups.

　　Case VIII

　　The case of Chen Mou-mou and others defrauding and illegally crossing the border

　　[Basic facts]

　　From 2018 to 2022, Wang Moumou (another case) and others organized and gathered a large number of domestic personnel to go to the Philippines to set up fraud dens, through the control of "UK" "treasure lottery" and other false online gambling platforms, in order to control the win or lose in the background, to implement telecommunications network fraud against domestic residents. From 2018 to 2019, Chen Mou-mou and Zhong Mou-mou left the country many times to participate in the above-mentioned criminal gangs, serving as "group leader" and "acting group leader" respectively, responsible for promoting fraudulent gambling websites and mobile phone applications on the Internet, with a cumulative time of 9 months and 7 months respectively. In addition, it was found that when Chen Mou-mou left the country for the second time and Zhong Mou-mou left the country for the second and third time, he applied for entry and exit documents on the grounds of tourism, and went to the telecommunications network fraud dens after leaving the Philippines. Chen returned to China in November 2019 and was arrested by the public security organs in May 2023 due to this case; Zhong returned to China in January 2020 and voluntarily surrendered in May 2023 due to this case.

　　[Proceedings]

　　On April 25, 2023, Jing'an Branch of Shanghai Public Security Bureau filed the case for investigation. On August 2, 2023, Jing'an Branch transferred Chen Mou-mou and others to Jing'an District People's Procuratorate for examination and prosecution on suspicion of fraud and illegal border crossing. On August 29, 2023, the People's Procuratorate of Jing'an District prosecuted Chen Mou-mou and Zhong Mou-mou for the crime of fraud and illegally crossing the border.

　　On December 26, 2023, the People's Court of Jing'an District, after trial according to law, sentenced Chen to one year and seven months in prison and fined him 24,000 yuan for the crime of fraud and illegally crossing the border (frontier); sentenced Zhong to one year and eight months in prison and fined him 26,000 yuan for the crime of fraud and illegally crossing the border (frontier). Now the judgment has come into effect.

　　[Typical meaning]

　　Criminals who commit fraud by leaving the country for illegal purposes under the cover of legal reasons shall be severely punished according to law. If the perpetrator fraudulently obtains the entry-exit documents for false reasons such as traveling, visiting relatives, studying, working and doing business, and then goes to the criminal nest of telecommunication network fraud to engage in telecommunication fraud activities, it belongs to the situation of using the entry-exit documents defrauded by false reasons to enter or leave the country (border), which should be recognized as the act of illegally crossing the country (border). Conviction and punishment according to law.

　　Case Ⅸ

　　Tang Mou's fraud case

　　[Basic facts]

　　At the end of September 2020, Tang Mou-mou went to northern Myanmar. Knowing that others had committed the crime of telecommunication network fraud, he joined several telecommunication network fraud dens successively, gathered and organized domestic "running points" personnel and "Kanon" to provide assistance for the transfer of funds for telecommunication network fraud activities. His behavior was related to 60 victims such as Zhao Mou-wen, involving more than 1.73 million yuan. In July and August 2023, Tang Moumou knew that he was wanted by the public security organs of our country, and repeatedly expressed his willingness to return home and surrender to the police of the police station where his household registration was located. In October 2023, Tang Mou walked 4 days to Nansan Port, Lincang City, Yunnan Province, and was arrested and brought to justice by the public security organs when entering the country.

　　[Proceedings]

　　On May 7, 2021, the Public Security Bureau of Wulian County, Shandong Province, filed the case for investigation. On February 29, 2024, the Wulian County Public Security Bureau transferred Tang Mou to the Wulian County People's Procuratorate for examination and prosecution on suspicion of fraud. On March 25, 2024, the People's Procuratorate of Wulian County prosecuted Tang Mou for committing fraud to the People's Court of Wulian County. During the trial, the defender of Tang Mou-mou proposed that Tang Mou-mou was beaten by others in the fraud nest and was a coerced accomplice, so he should be given a mitigated punishment or exempted from punishment. According to the procuratorial organ, Tang Mou-mou actively provided assistance for fraudulent activities, had certain personal and communication freedom in the nest, and the corporal punishment did not reach the level of being coerced to participate in the crime, so it was not appropriate to identify him as a coerced accomplice.

　　On May 13, 2024, the People's Court of Wulian County made a first-instance judgment, which found that Tang Mou-mou surrendered himself. Although his actions during the period of fraud dens were partially restricted, the restrictions were the management requirements of fraud dens. Tang Mou-mou actively committed crimes and should not be recognized as a coerced accomplice. Considering the facts and circumstances of his crime, he was sentenced to six years and five months'imprisonment for fraud. And a fine of RMB 150000 yuan. Tang Mou-mou did not appeal and the judgment came into effect.

　　[Typical meaning]

　　1. The whole chain severely punishes the "accomplices" of telecommunication network fraud and eradicates the soil of crime to the greatest extent. Some criminals, knowing that others commit the crime of telecommunication network fraud, still provide them with the help of fund transfer, technical support, drainage and promotion, which has become an important link in the black and grey industry chain of telecommunication network fraud, and continue to "transfuse blood and supply food" for the crime of telecommunication network fraud, which should be severely punished according to law. For those who have provided relatively stable assistance in transferring funds, technical support, drainage and promotion for the crime of fraud for a long time and have formed a stable cooperative relationship, they shall be held accountable as accomplices in the crime of fraud according to law.

　　2. Accurately identify the circumstances of coerced accomplices and voluntary surrender according to law to ensure that they are not indulged. If the perpetrator argues that he is a coerced accomplice on the grounds of being beaten by others in the nest, he should pay attention to examining and judging whether the reason for the beating is the failure to complete the fraudulent "performance" required by the nest or the refusal to carry out fraudulent activities. If the perpetrator plays an active role in the fraud dens, has certain personal and communication freedom, and is not coerced to participate in the crime or fails to reach the level of coercion, it is not appropriate to identify him as a coerced accomplice. For those who contact the public security organs to surrender during the period of fraud dens, knowing that they have been wanted, but still voluntarily go to the port and provide real identity information to enter the country, and then are arrested by the public security organs, and truthfully confess all the facts of the crime after being brought to justice, they should be recognized as surrender according to law and given lenient punishment.

　　Case X

　　Zhang's fraud case

　　[Basic facts]

　　In February 2021, when Zhang was working in Cambodia, he was introduced to a "industrial park" in Sihanouk City to join the "God of Wealth" fraud group as a salesman. The criminal group targeted the domestic female group, fabricated the image of successful men through the circle of friends and Wechat group, induced the victim to recharge on the false investment platform of "Jintianli" controlled by the group, and defrauded the victim of money. After Zhang joined the criminal group, he was responsible for maintaining the micro-signal used for fraud, and had emotional exchanges with the victim in the early stage, which was handed over to other accomplices for further fraud after cheating the victim's trust. After investigation, the fraud group has nearly 200 members, defrauding more than 100 victims in China of about 100 million yuan. In October 2021, Zhang quit the fraud group and continued to work in the park. In June 2022, after Zhang returned to China, the public security organs captured Zhang according to the criminal clues they had grasped earlier.

　　[Proceedings]

　　On November 3, 2021, Minhang Branch of Shanghai Public Security Bureau filed the case for investigation. Zhang truthfully confessed the fact that he joined the overseas fraud group, was responsible for maintaining the number of drainage, defrauding the victim's trust and other criminal facts, and provided important clues such as the main structure and division of labor of the fraud group, the mode of fraud, the characteristics of behavior, the name of the fraud App platform used, the introducer and the identity of the head of the department, which the public security organs had not yet grasped. On August 17, 2022, the People's Procuratorate of Minhang District held that Zhang had a good attitude of confession and repentance, and that his bail pending trial was sufficient to prevent social danger, and made a decision not to approve Zhang's arrest. On August 29, 2022, the public security organ transferred Zhang to the procuratorial organ for examination and prosecution on suspicion of fraud.

　　On September 5, 2022, the People's Procuratorate of Minhang District prosecuted Zhang for fraud. Considering that Zhang Mou, as a member of the bottom of the criminal group, can voluntarily confess the relevant information of the criminal group that the public security organs have not yet grasped, although it does not constitute meritorious service, it plays a certain role in cracking the criminal group and arresting the principal criminal of the criminal group, and confesses guilt and punishment, and returns the illegal income, it should be given a lenient punishment, so it is suggested to the people's court to apply probation to him. On September 14, 2022, the People's Court of Minhang District found Zhang guilty of fraud and sentenced him to two years'imprisonment, two years' probation and a fine of RMB 5000. Zhang did not appeal and the judgment came into effect.

　　According to the clues provided by Zhang Mou, the public security organs have intensified the investigation and handling of cases and border provention and control, exerted the demonstration effect of leniency in confession and punishment, and urged the perpetrators who have arrived to provide clues to criminal groups on their own initiative. Successfully persuaded several members of the fugitive "God of Wealth" group to voluntarily surrender, and captured more than 70 members of the fraud group, including three ringleaders of the group, effectively cracking down on transnational telecommunications network fraud groups.

　　[Typical meaning]

　　While severely punishing the crime of cross-border telecommunication network fraud according to law, we should give policies and outlets to those who play an important role in detecting cases and arresting the ringleaders, and deal with them leniently according to law. For cross-border telecommunication network fraud crimes, the case-handling organs should make full use of the lenient system of confession and punishment, and urge members of criminal groups who have arrived at the case to provide clues and materials related to criminal groups on their own initiative. A person who provides information that the organ handling the case has not yet grasped and plays an important role in cracking a criminal group and arresting the principal criminal of a criminal group shall be recognized as having rendered meritorious service according to law and given a lenient punishment by a wide margin; or a person who has not rendered meritorious service may still be given a lenient punishment by a wide margin.

　　[Editor in charge: Shang Xin]