According to Liu Zhongyi, from the perspective of funding channels, the proportion of traditional tripartite payment and money laundering in corporate accounts has declined, and a large amount of money laundering is carried out through separate platforms and digital currency, especially TEDA coins.
In the same month, China judicial documents also disclosed the second-instance criminal rulings issued by Zhuzhou Intermediate People's Court (hereinafter referred to as Zhuzhou Intermediate People's Court), such as Yuan Lee and Jiang Wei (a pseudonym), who assisted in information network crimes. The trial documents show in detail the operation means of fraud gangs using TEDA coins to launder money and the cultivation of "cannon fodder".
2.8% commission.
20 18 12, 23-year-old Lee Won Jae Shenzhen company "Casner" joined this company. He just got a bachelor's degree. The company's job is to use the company and its bank card to sell TEDA coins through the Internet to help others launder money and earn commissions.
Yuan Lee platform resells TEDA coins to buyers, and the price will be about 2 points higher than when it is bought on fire coins. As a result, Lee Won Jae Platform will get a bill of 70,000 yuan, with a profit of about 200 yuan.
Under the situation of cracking down on telecommunication network fraud and tightening anti-money laundering supervision in China, such "business" is doomed not to last long.
From January to February, 2065 438+09 19 10, some bank cards in Yuan Lee were frozen by law enforcement departments. Some related victims reported that the money was transferred to the bank card in his name, and the bank cards of colleagues in the company were also frozen, so the boss dissolved the company.
The dissolution of the company and the freezing of bank cards did not stop Yuan Lee.
20 19 February, Yuan Lee took Jiang Wei, who was born in 1996 and was also from Hunan, and continued to resell TEDA coins on the platform. In the rental house in Shenzhen, Yuan Lee is responsible for providing funds, while Jiang Wei uses his own bank card binding platform to operate. The profits are distributed by Yuan Lee and Jiang Wei according to 433606.
"The reason why some people are willing to spend money to buy TEDA coins from an unknown and expensive platform is because their purchase funds are irregular and illegal." Jiang later admitted that although he knew that the money he bought was abnormal and illegal, he owed an online loan and wanted to make money in this way.
2065438+April 2009, Yuan Lee, Jiang Wei and others moved from Shenzhen to Changsha and continued to resell TEDA coins in rented houses in Changsha. In June, they began to let Xiao Daguang (a pseudonym) use his own bank card and operate it in the form of capital contribution.
After obtaining the "secret of making money", Xiao Daguang began to be independent.
In March 2020, Xiao Daguang of 1997 taught this method to Xiao Xiaoguang (a pseudonym) who was only 18 years old. They jointly funded and used a small bank card binding platform to resell coins. The profit will be distributed by Xiao Daguang and Xiao according to 433606 until September 2020.
According to the later confessions of the above four people, they all admitted that they knew that the money on the platform was illegal when they participated. After money is transferred to the card, the bank card may be frozen.
With more and more victims behind the stolen funds, law enforcement agencies began to act, and the "cannon fodder" attached to this fraudulent industrial chain was the first to bear the brunt.
On 202 1 April1day, Yuan Lee was arrested and brought to justice; On April 7, 20021year, Jiang Wei was arrested and brought to justice; On 2021April 1 1 day, Xiao Daguang and Xiao Xiaoguang surrendered voluntarily; There are still two accomplices at large.
After investigation, Yuan Lee used the four bank cards he held to carry out the above acts, and the transferred funds reached 8.34 million yuan; Jiang Wei used his 13 bank card to carry out the above-mentioned behavior, and the transferred funds totaled 78 1 10,000 yuan; Xiao Daguang used the five bank cards he held to carry out the above-mentioned behaviors, and transferred funds of15.77 million yuan; Small use of its four bank cards to carry out the above behavior, and mor
On 202 1 and 65438+February 2 1, the People's Court of Liling City, Hunan Province made a criminal judgment of (202 1) Xiang 028 1, and found that all the above four persons were guilty of "helping information network criminal activities" and had no principal offenders; The illegal income shall be confiscated and turned over to the state treasury.
In addition, Yuan Lee was sentenced to one year and six months in prison and fined 1 10,000 yuan; Xiao Daguang was sentenced to one year in prison and fined 10,000 yuan; Jiang Wei was sentenced to nine months in prison and fined 5,000 yuan; Xiao was sentenced to 7 months in prison and fined 3000 yuan.
After the verdict, Yuan Lee and Jiang Wei refused to accept it and appealed. Among them, Jiang Wei and his defenders mentioned that objectively, Jiang Wei's sale of TEDA coins cannot be regarded as payment and settlement; Jiang Wei's participation in TEDA currency trading does not constitute a crime, and the upstream crime has not been verified. The first-instance judgment found that Jiang Wei's illegal income was wrong on the basis of all the running funds of 78 1 10,000 yuan.
In the transaction flow of nearly 38 million yuan, the court can confirm that the victim's fraud amount is only 3 1 000 yuan.
This is one of the facts of upstream crime. After the amount of fraudulent funds is successfully matched with the currency value on the small account on the platform, the order will be received, and the upstream fraudulent account will be displayed as a small account. When fraudulent funds enter a small account, the fraud team will hide in the dark net with the money.
Regarding Jiang Wei's appeal and the opinions of his defenders, Zhuzhou Intermediate People's Court said in the criminal ruling that Yuan Lee, Jiang Wei, Xiao Daguang and others provided their own bank card binding platform, and objectively provided payment and settlement assistance for others' criminal transfer funds by operating and selling TEDA coins.
On the determination of conviction threshold. Zhuzhou Intermediate People's Court pointed out that according to the first paragraph of Article 12 of the Supreme People's Procuratorate, the Supreme People's Court, "the settlement amount is more than 200,000 yuan or the illegal income is more than 10,000 yuan, and the circumstances are serious"; Paragraph 2 of Article 12 stipulates: "If it is impossible to verify whether the recipient has reached the crime level due to objective conditions, but the relevant amount has reached more than five times the standard stipulated in the preceding paragraph, or it has caused particularly serious consequences, it will help the perpetrator to pursue criminal responsibility for the crime of information network crime."
According to the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Telecommunication Network Fraud,
Fraud of public or private property of more than 3,000 yuan constitutes fraud.
"In this case, both the amount of payment and settlement and the amount of illegal income constitute serious circumstances, and in this case, 3 1.25 1.5 million yuan of fraudulent funds flowed in, and the recipients in this case reached the threshold of fraud." Zhuzhou Intermediate People's Court held that Yuan Lee and Jiang Wei subjectively knew that others used information networks to commit crimes, and objectively provided payment and settlement assistance for others' crimes. If the circumstances are serious, the helped object uses the information network to commit the crime, reaching the threshold of the crime of fraud, which is in line with the constitutive requirements of the crime of helping information network criminal activities.
In addition, Zhuzhou Intermediate People's Court said that Yuan Lee, Jiang Wei and others extracted the benefit fee according to the bank running amount, that is, 2.8% of the bank running amount, so the first-instance judgment was based on the unilateral transaction running amount to recover their illegal and criminal income, which was in line with the law.
Related question and answer: What does TEDA currency mean? TEDA currency (USDT) is a kind of virtual currency that links cryptocurrency with legal tender dollar, and it is a kind of virtual currency deposited in foreign exchange reserve account and supported by legal tender. Introduction: TEDA Coin (USDT) is a stable dollar-based token Tether Dollar (hereinafter referred to as USDT) introduced by Tether Company. USDT is 1 USD = 1 USD, and users can exchange 1 USD at any time. The tether company strictly abides by the reserve guarantee of 1: 1, that is, every time it issues 1 USDT tokens, its bank account will be guaranteed by 1 USD. Users can query funds on the tether platform to ensure transparency. TEDA currency is a kind of virtual currency, which links cryptocurrency with legal tender dollar. Each TEDA coin is symbolically associated with legal tender supported by the government. TEDA currency is a virtual currency deposited in foreign exchange reserve account and supported by legal tender. This method can effectively prevent the price fluctuation of cryptocurrency. Basically, the value of a TEDA currency is equal to $65,438 +0. Development track of TEDA coins: 2014165438+10. In late October, Realcoin Company registered in the Isle of Man and Hong Kong was renamed Tether. When 20 15 was released in February, bitfinex, the trading platform with the largest transaction volume of bitcoin futures, announced that it supported TEDA (hereinafter referred to as USDT) trading. Subsequently, the Polish Exchange, a competitive currency trading platform, also supported USDT. With the strong rise of Ethereum, P-network has the leading potential in the competitive currency trading platform, which is also helpful to promote the trading volume of USDT. The issuance and transaction of USDT uses the Omni (original primary currency) protocol, and Omni currency can be said to be the first 2.0 currency based on bitcoin blockchain in the market. Therefore, the transaction confirmation and other parameters of USDT are consistent with Bitcoin. According to Craig Schmidt, chief technology officer and co-founder of Tether, users can wire US dollars to Tether's bank account through SWIFT, or convert them into USDT through Bitfinex exchange. When exchanging dollars, the reverse operation is enough. Users can also exchange bitcoin for USDT on the above two websites. Its website claims to strictly abide by the reserve guarantee of 1: 1, that is, its bank account will be guaranteed by 1 USD for every token issued by 1 USD. In terms of compliance, all operations involving legal tender require users to complete KYC authentication. When asked how users can verify the deposits in bank accounts, Craig said that legal tender is kept by Tether Liminted Company and audited regularly, but at present, users can't directly check the deposits.