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2023-08-09

{"zh":"最高人民法院2016年3月4日发布电信网络诈骗犯罪典型案例","en":"On March 4, 2016, the Supreme People's Court released typical cases of telecommunications network fraud crimes"}

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电信网络诈骗犯罪典型案例

目录

1、江西省南昌市周文强等人虚构推荐优质股票诈骗案

2、河北省兴隆县谢怀丰、谢怀骋等人推销假冒保健产品诈骗案

3、福建省晋江市吴金龙等人发送医保卡出现异常虚假语音信息诈骗案

4、福建省平和县曾江权等人以台湾居民为犯罪对象诈骗案

5、福建省厦门市上官永贵等人帮助诈骗团伙转取赃款诈骗案

6、湖南省双峰县秦献粮等人发送考试改分等虚假信息诈骗案

7、海南省儋州市羊大记开设虚假机票网站诈骗案

8、海南省儋州市陈洁发布电视节目中奖虚假信息诈骗案

9、广西壮族自治区宾阳县罗仁成、罗仁胜假冒QQ好友诈骗案

 

案例1 江西省南昌市周文强等人虚构推荐优质股票诈骗案

(一)基本案情

20105月,被告人周文强为实施诈骗活动,承租了江西省南昌市红谷滩新区红谷经典大厦某楼层,并通过中介注册成立了江西三合科技有限公司。周文强将招聘来的数十名公司员工分配至公司下属名爵、德联、创达三个部门,并安排专人负责财务、后勤等事务。三个部门又各下设客服部、业务组和操盘部。其中,客服部负责群发“经公司拉升的某支股票会上涨”等虚假手机短信,接听股民电话,统计股民资料后交给业务组。业务组负责电话回访客服部提供的股民,以“公司能调动大量资金操纵股票交易”、“有实力拉升股票”、“保证客户有高收益”等为诱饵,骗取股民交纳数千元不等的“会员费”、“提成费”。操盘部又称证券部,由所谓的“专业老师”和“专业老师助理”负责“指导”已交纳“会员费”的客户购买股票,并负责安抚因遭受损失而投诉的客户,避免报案。20107月至20114月间,周文强诈骗犯罪团伙利用上述手段诈骗344名被害人,骗得钱款共计3 763 400元。

(二)裁判结果

本案由江西省南昌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。

法院认为,被告人周文强等人采用虚构事实、隐瞒真相的方法,以“股票服务”的手段骗取他人钱款,其行为已构成诈骗罪。其中,被告人周文强以实施诈骗犯罪为目的成立公司,招聘人员,系主犯。据此,以诈骗罪判处被告人周文强有期徒刑十五年,并处没收财产人民币一百万元;以诈骗罪判处陆马强等被告人十年至二年六个月不等有期徒刑。

(三)典型意义

本案是以虚构推荐所谓的“优质股票”为手段实施诈骗的典型案件。随着经济的快速发展,参与炒股的人群急速增多。有不法分子即抓住部分股民急于通过炒股“致富”的心理,通过“推荐优质股票”实施诈骗行为。被告人周文强组织诈骗犯罪团伙,先通过向股民群发股票上涨的虚假短信,后通过电话与股民联系,谎称公司掌握股票交易的“内幕信息”,可由专业技术人员帮助分析股票行情、操纵股票交易,保证所推荐的股票上涨,保证客户获益等,骗取客户交纳“会员费”、“提成费”。一旦有受损失的客户投诉、质疑,还有专人负责安抚情绪,避免客户报案。以周文强为主的诈骗团伙分工明确,被害人数众多,诈骗数额特别巨大。希望广大股民在炒股过程中,不要轻信所谓的“内幕消息”,不要盲目依赖所谓的“股票咨询服务”等,应当充分认识股票投资客观上所具有的风险性,谨慎作出投资理财的决定。

 

案例2 河北省兴隆县谢怀丰、谢怀骋等人推销假冒保健产品诈骗案

(一)基本案情

被告人谢怀丰、谢怀骋系堂兄弟,二人商议在河北省兴隆县推销假冒保健产品。201210月至20137月间,谢怀丰、谢怀骋利用从网络上非法获取的公民个人信息,聘用多个话务员,冒充中国老年协会、保健品公司工作人员等身份,以促销、中奖为诱饵,向一些老年人推销无保健品标志、未经卫生许可登记的“保健产品”。如话务员联系的受话对象确定购买某个产品后,则由负责核单的人进行核实、确认,再采取货到付款方式,通过邮政速递有限公司寄出货物,回收货款。谢怀丰等人通过上述手段,共销售3 000余人次,涉及全国20余省份,涉案金额共计1 886 689.84元。

(二)裁判结果

本案由河北省兴隆县人民法院一审,河北省承德市中级人民法院二审。现已发生法律效力。

法院认为,被告人谢怀丰、谢怀骋等人以非法占有为目的,采取虚构事实、隐瞒真相的方法,以推销假冒保健产品的手段骗取他人财物,其行为均已构成诈骗罪。被告人谢怀丰、谢怀骋系本案的发起人,谢怀丰出资租赁从事诈骗活动的房屋,购买从事诈骗的器材、设备,组织进货,谢怀骋提供熟悉推销方法的话务员,二被告人均系主犯。据此,以诈骗罪分别判处被告人谢怀丰、谢怀骋有期徒刑十一年,并处罚金人民币十万元;以诈骗罪判处陈秀杰等被告人三年至一年不等有期徒刑或单处罚金。

(三)典型意义

本案是以推销假冒保健品为手段实施诈骗的典型案件。目前,我国老年人数量不断攀升。随着生活水平的提高,老年人日益注重养生和保健,社会上针对老年人推销保健品的情况较为常见。被告人谢怀丰、谢怀骋雇佣多人,冒充老年协会、保健品公司工作人员等身份,以促销、中奖为诱饵,打电话向老年人推销假冒保健品,诈骗巨额钱财,且被骗老年人数众多,分布范围广,社会影响极为恶劣。希望广大老年朋友提高警惕,不要轻信通过电话推销保健品的人员,应通过正规渠道购买适合自己身体状况的保健品。

 

案例3 福建省晋江市吴金龙等人发送医保卡出现异常虚假语音信息诈骗案

(一)基本案情

20137月份,台湾地区人员“阿水”(另案处理)组织台湾被告人吴金龙等人前往老挝万象进行电信诈骗活动。该团伙在万象设置窝点,将事先编辑好的诈骗语音包通过网络电话向中国大陆各省市固定电话用户群发送语音信息,谎称被害人“医保卡出现异常,有疑问则回拨电话”。待被害人回拨时,电话转到冒充医保中心工作人员的团伙一线人员,谎称被害人的医保卡涉嫌盗刷违禁药品,要求被害人向公安机关“报案”,并引导被害人同意由其转接公安机关的报案电话,后一线人员将电话转接给冒充公安人员的团伙二线人员接听。期间,二线人员以预先更改好来电显示号码的“公安局号码”与被害人通话以取得被害人信任,后套取被害人个人信息,谎称被害人银行账户存在安全问题,并将电话转至冒充检察院工作人员的团伙三线人员,要求被害人将银行卡内的存款转到指定账户,进行所谓的“资金清查比对”,以此手段骗取被害人钱财。吴金龙等人诈骗金额共计10 192 500元。

(二)裁判结果

本案由福建省晋江市人民法院一审,福建省泉州市中级人民法院二审。现已发生法律效力。

法院认为,被告人吴金龙等人以非法占有为目的,通过互联网等电信技术方式发布虚假信息,对不特定多人实施诈骗,其行为已构成诈骗罪。其中,吴金龙负责召集、管理、培训人员,起主要作用,系主犯。据此以诈骗罪判处被告人吴金龙有期徒刑十三年六个月,并处罚金人民币二十万元;以诈骗罪判处庄靖凡等被告人十二年六个月至二年不等有期徒刑。

(三)典型意义

本案是以发送医保卡出现异常的虚假语音信息实施诈骗的典型案件。随着我国医疗保险制度的逐步完善,参保人员已逐步实现全覆盖,医保卡已成为人们经常使用的卡种,与百姓生活息息相关。被告人吴金龙等人在境外设立窝点,设置三线人员分别冒充医保中心工作人员、公安人员、检察院工作人员,先发送“医保卡出现异常,有疑问则回拨电话”的虚假语音信息,后通过三线人员的连环诈骗,套取被害人的个人信息,诱骗被害人将存款转至“指定账户”,从而骗得钱款。提醒广大医疗参保人员不要轻信医保卡出现异常的电话语音信息,更不要轻易在电话中将重要个人信息告知陌生人。

 

案例4 福建省平和县曾江权等人以台湾居民为犯罪对象诈骗案

(一)基本案情

20128月至201212月间,被告人曾江权伙同他人在福建省漳州市多个居民小区内租房作为诈骗窝点,在各窝点搭建可任意设置显示号码的网络电话平台,并安排被告人吕文忠等七人作为窝点负责人,组织窝点内人员实施诈骗。具体实施诈骗的人员分工配合,利用曾江权提供的台湾居民个人信息资料拨打电话,由冒充商店超市工作人员的窝点人员虚构台湾居民“因购物有错误付款须取消”的事实,再由冒充银行客户服务人员的窝点人员以“帮助取消上述分期付款业务”为由,诱骗台湾居民到ATM自动取款机操作,将银行存款转账到窝点人员提供的银行账户,从而骗取钱财。其中,台湾被告人颜安仁介绍能提供接收诈骗赃款的银行账户的台湾地区人员给曾江权,还用自己的银行卡为曾江权接收诈骗赃款。曾江权等人诈骗金额共计3 018 112元。

(二)裁判结果

本案由福建省平和县人民法院审理。现已发生法律效力。

法院认为,被告人曾江权等人以非法占有为目的,拨打不特定多数人电话,虚构事实骗取他人钱财。被告人颜安仁明知曾江权实施诈骗活动,而为其介绍他人提供通讯工具、网络技术支持;提供信用卡并转账、支取诈骗所得款项,帮助实施诈骗。二被告人的行为均已构成诈骗罪。被告人曾江权起组织、指挥作用,系主犯。据此,以诈骗罪判处被告人曾江权有期徒刑十一年五个月,并处罚金人民币五十万元;以诈骗罪判处颜安仁等被告人十年九个月至八个月不等有期徒刑、管制或者单处罚金。

(三)典型意义

本案是以我国台湾居民为诈骗对象的典型案件。本案中,曾江权等大陆被告人与台湾被告人相勾结,针对台湾居民进行诈骗,由台湾被告人提供台湾居民个人信息资料和网络技术支持,并且提供信用卡用于转账、支取诈骗所得款项。大陆被告人设置窝点,通过拨打电话实施具体诈骗行为。本案的发布,表明无论犯罪分子来自何地,针对何人,只要触犯我国法律,必将受到法律的惩处。

 

案例5 福建省厦门市上官永贵等人帮助诈骗团伙转取赃款诈骗案

(一)基本案情

201311月至20141月,被告人上官永贵与诈骗团伙共谋后,商定帮助诈骗团伙提取诈骗所得的赃款,以牟取非法利益。其后,上官永贵提供食宿,并支付每日数百元报酬,雇佣被告人上官福水、上官生木取款。上官永贵与诈骗团伙事先联系后,带领上官福水等人前往广东省深圳市、惠州市、东莞市等地,在银行ATM机上为诈骗团伙取款或转账,一人取款时,其他人在旁望风。上官永贵等人参与为诈骗团伙提取、转帐诈骗赃款共计8 954 413.78元。此外,20133月至8月,上官永贵还采用向不特定人发放虚假兑奖卡的手段,骗取他人财物共计88 671.09元。

(二)裁判结果

本案由福建省厦门市中级人民法院审理。现已发生法律效力。

法院认为,被告人上官永贵以非法占有为目的,采用向不特定人发放虚假兑奖卡的手段,骗取他人财物,并伙同被告人上官福水、上官生木为诈骗犯罪团伙提取、转账诈骗所得赃款,其行为已构成诈骗罪。其中,上官永贵负责与诈骗团伙的上线联系取款、交款等事宜,雇佣上官福水、上官生木等人取款,在共同犯罪中起主要作用,系主犯。上官永贵还系累犯,依法应当从重处罚。据此,以诈骗罪判处被告人上官永贵有期徒刑十三年,并处罚金人民币二十万元;以诈骗罪分别判处被告人上官福水、上官生木有期徒刑八年和有期徒刑五年。

(三)典型意义

本案是帮助诈骗团伙转取赃款犯罪的典型案件。随着电信网络诈骗犯罪的蔓延,社会上出现了专门为诈骗团伙转取赃款而牟取非法利益的“职业取款人”。这类犯罪分子通过频繁更换银行卡、身份证和手机号码,辗转各地为诈骗犯罪团伙转取款,作案手段极为隐蔽,严重干扰、阻碍了司法机关打击电信网络诈骗犯罪活动。本案中,被告人上官永贵在与诈骗团伙共谋后,使用700余张银行卡,纠集、雇佣人员,专门为诈骗团伙转取赃款,其取款的行为直接关系到诈骗目的能否实现,已构成诈骗罪的共犯。本案的公布,在于说明为诈骗团伙转取赃款,依法属于共同诈骗犯罪,同样要受到法律的惩处。

 

案例6 湖南省双峰县秦献粮等人发送考试改分等虚假信息诈骗案

(一)基本案情

20144月至8月,被告人秦献粮分别伙同被告人康亮贤等人,以发送“代考”、“考后改分”等虚假信息进行诈骗。秦献粮事先购置银行卡、手机卡和QQ号,分配给康亮贤等人,而后,秦献粮找人发送虚假手机短信,谎称可以考后改分、代考等,并留下联系方式。如有人联系考后改分或代考,由康亮贤等人各自以“定金”等方式诱骗对方汇款至指定的银行账户,再将被害人信息交给秦献粮,由秦献粮冒充各地教育部门或人社部门的“领导”,以“保证金”等名义继续诱骗被害人汇款至指定的银行账户。秦献粮等人用此种手段诈骗十起,骗得金额共计60 700元。

(二)裁判结果

本案由湖南省双峰县人民法院审理。现已发生法律效力。

法院认为,被告人秦献粮伙同他人以非法占有为目的,虚构事实,诈骗被害人钱财,其行为已构成诈骗罪。在共同犯罪中,秦献粮系主犯。据此以诈骗罪判处被告人秦献粮有期徒刑五年,并处罚金人民币六万元;以诈骗罪判处康亮贤等被告人一年六个月至九个月不等有期徒刑。

(三)典型意义

本案是发送“考试改分”、“代考”虚假信息实施诈骗的典型案件。目前,各类从业资格和职业职称考试种类繁多,此类考试结果如何,直接关系到考生的就业、升职等个人利益。一些不法分子即利用个别考生或其家属的投机心态进行诈骗。本案中,被告人发送可以帮助“考后改分”、“代考”等虚假信息,以“定金”等方式先诱骗被害人汇款至指定的银行账户,而后又假冒教育部门工作人员等身份,以“保证金”等名义继续骗取被害人的财物,社会影响极为恶劣。希望广大考生及亲属以平常心面对社会竞争,不要心存侥幸,轻信此类虚假消息,应本着诚实付出的态度参加各类考试,共同促使社会进一步形成诚实守信、公平竞争的良好氛围。

 

案例7 海南省儋州市羊大记开设虚假机票网站诈骗案

(一)基本案情

20147月起,被告人羊大记伙同他人开设虚假的代购机票网站“航空票务”,以实施网络诈骗。当被害人上网搜索到虚假的代购机票网站,并拨打电话4008928000联系时,即以“代购机票机器故障”或“票号不对,未办理成功”等为由,诱骗被害人到自动取款机进行操作,转账汇款至被告人指定的账号,羊大记负责取款。羊大记等人用此种手段诈骗二起,骗得金额共计49 573元。

(二)裁判结果

本案由海南省儋州市人民法院审理。现已发生法律效力。

法院认为,被告人羊大记以非法占有为目的,伙同他人用虚构事实的方法,通过互联网骗取被害人钱财,数额较大,其行为已构成诈骗罪。据此,以诈骗罪判处被告人羊大记有期徒刑一年八个月,并处罚金人民币四千元。

(三)典型意义

本案是通过开设虚假机票网站进行诈骗的典型案件。目前选择航空方式出行的人越来越多,通过网络或电话订购机票也已成为常态。本案中,被告人通过开设虚假的机票网站,当被害人订购机票时,以“机器故障”等为由,诱骗被害人将钱款转账至被告人控制的银行账户,从而骗得钱财。希望群众在准备出行时,应向各大航空公司的正规官方网站或客服热线订票或进行退票、改签等操作,切不可贸然选择陌生网站并听从陌生电话的指挥进行转账汇款。

 

案例8 海南省儋州市陈洁发布电视节目中奖虚假信息诈骗案

(一)基本案情

20147月起,被告人陈洁在百度吧、阿里巴巴等网站,发布关于在“中国好声音”、“星光大道”等栏目中奖的虚假信息,同时还发布关于“抽奖活动的二等奖是真的吗”、“中国好声音有场外抽奖活动吗”、“北京市中级人民法院电话是多少”、“北京市人民法院咨询电话是多少”等虚假咨询问题,并在网上予以回复,借此在网上留下虚假的“栏目组客服电话”或“北京市中级人民法院”、“北京市人民法院”的联系电话。当被害人拨打上述虚假联系电话咨询时,陈洁冒充客服人员或法院工作人员称,被害人所咨询的信息是真实的,并告知被害人如要领奖,需将“手续费”或者“风险基金”汇入指定的银行账户。陈洁用此种手段实施诈骗二起,骗得金额共计8 800元。

(二)裁判结果

本案由海南省儋州市人民法院审理。现已发生法律效力。

法院认为,被告人陈洁以非法占有为目的,利用互联网发布虚假信息,骗取他人钱财,数额较大,其行为已构成诈骗罪。据此,以诈骗罪判处被告人陈洁有期徒刑六个月,并处罚金人民币二千元。

(三)典型意义

本案是发布电视节目中奖虚假信息进行诈骗的典型案件。观看电视节目是老百姓喜闻乐见的休闲娱乐方式,近几年来,“中国好声音”、“星光大道”等电视综艺节目的收视率甚高,利用此类电视节目进行诈骗,潜在的被害人范围较为广泛,社会影响较为恶劣。本案中,被告人不仅在百度吧等网站发布电视栏目中奖的虚假信息,同时还发布“配套”的虚假咨询问题在网上予以回复,以此打消被害人的怀疑和顾虑。而后在被害人拨打领奖电话时,以“手续费”或者“风险基金”等名义,诱骗被害人将钱款汇入指定账户。此类作案手段具有很强的蒙蔽性。希望广大群众在看到电视节目中奖之类的信息后要提高警惕,向电视台或是电视栏目组官方网站、客服电话进行核实。此外,有关网站也应切实履行监管义务,对发布信息的真实性加强审核,防止犯罪分子利用网络平台进行诈骗。

 

案例9 广西壮族自治区宾阳县罗仁成、罗仁胜假冒QQ好友诈骗案

(一)基本案情

20148月至11月,被告人罗仁成、罗仁胜利用在互联网上盗取的QQ号码或者利用将其申请的QQ号码信息更改为被害人亲属的QQ信息等方式,冒充被害人亲属的身份,以“亲友出车祸急需借钱救治”等理由,诱骗被害人汇款至其指定账户。罗仁成、罗仁胜用此种手段实施诈骗二起,骗得金额共计65 000元。

(二)裁判结果

本案由广西壮族自治区宾阳县人民法院审理。现已发生法律效力。

法院认为,被告人罗仁成、罗仁胜以非法占有为目的,通过QQ采取虚构事实、隐瞒真相的方式,骗取他人财物,数额巨大,其行为均已构成诈骗罪;罗仁胜明知是犯罪所得而予以转移,其行为还构成掩饰、隐瞒犯罪所得罪。据此以诈骗罪判处被告人罗仁成有期徒刑四年,并处罚金人民币一万元;以诈骗罪、掩饰、隐瞒犯罪所得罪判处被告人罗仁胜有期徒刑二年,并处罚金人民币五千元。

(三)典型意义

本案是假冒QQ好友身份进行诈骗的典型案件。目前QQ、微信等网络聊天软件已经替代传统方式成为社会主流沟通方式之一。这种以网络账号代表身份、“见字不见人”的聊天方式,容易被犯罪分子利用进行诈骗。本案中,被告人通过QQ号码冒充被害人亲属,以“亲友出车祸急需借钱救治”等容易使被害人心急冲动而不进行理性分析判断的借口,诱骗被害人汇款至其指定账户。希望广大QQ用户、微信用户注意对本人网络聊天工具用户信息的保护,以防被盗,一旦被盗要及时向软件运营方报案。同时,在收到亲友网上发送的要求转账之类的信息时,应认真进行核实,切不可贸然汇款。此外,网络聊天工具的运营方也应加强监管和技术革新,切实保护用户的个人信息安全。


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Typical Cases of Telecom Network Fraud Crimes

catalogue

1. A fraud case involving Zhou Wenqiang and others in Nanchang City, Jiangxi Province, falsely recommending high-quality stocks

2. Fraud case involving Xie Huaifeng, Xie Huaicheng, and others promoting counterfeit health products in Xinglong County, Hebei Province

3. Wu Jinlong and others in Jinjiang City, Fujian Province reported abnormal false voice information fraud cases when sending medical insurance cards

4. Fraud case involving Taiwanese residents as criminal targets by Zeng Jiangquan and others in Pinghe County, Fujian Province

5. Shangguan Yonggui and others in Xiamen City, Fujian Province helped the fraud gang to transfer stolen funds for fraud cases

6. Fraud case involving Qin Xianliang and others in Shuangfeng County, Hunan Province sending false information such as changing exam scores

7. Fraud Case of Yangdaji Opening a False Ticket Website in Danzhou City, Hainan Province

8. Chen Jie, Danzhou City, Hainan Province, Released False Information Fraud Case of Winning Awards in TV Programs

9. Fraud Case of Luo Rencheng and Luo Rensheng Counterfeiting QQ Friends in Binyang County, Guangxi Zhuang Autonomous Region


Case 1: A fraud case involving Zhou Wenqiang and others in Nanchang City, Jiangxi Province, falsely recommending high-quality stocks

(1) Basic facts of the case

In May 2010, the defendant Zhou Wenqiang, in order to carry out fraudulent activities, rented a certain floor of Honggu Classic Building in Honggutan New District, Nanchang City, Jiangxi Province, and registered Jiangxi Sanhe Technology Co., Ltd. through an intermediary. Zhou Wenqiang will allocate dozens of recruited company employees to the three departments of the company, namely Mingjue, Delian, and Chuangda, and assign dedicated personnel to be responsible for financial, logistics, and other affairs. The three departments each have a customer service department, a business group, and a trading department. Among them, the customer service department is responsible for sending fake mobile phone messages such as "a stock that has been promoted by the company will rise", answering shareholder calls, collecting shareholder information, and submitting it to the business team. The business team is responsible for conducting telephone follow-up visits to shareholders provided by the customer service department, using bait such as "the company can mobilize a large amount of funds to manipulate stock trading", "having the ability to promote stocks", and "ensuring high returns for customers" to deceive shareholders into paying "membership fees" and "commission fees" ranging from thousands of yuan. The trading department, also known as the securities department, is responsible for "guiding" customers who have already paid "membership fees" to purchase stocks, and for appeasing customers who have complained about losses and avoiding reporting cases. From July 2010 to April 2011, Zhou Wenqiang's fraud criminal gang used the above-mentioned methods to defraud 344 victims, obtaining a total of 3763400 yuan in money.

(2) Judgment results

This case was first instance by the Intermediate People's Court of Nanchang City, Jiangxi Province, and second instance by the Higher People's Court of Jiangxi Province. It has now taken legal effect.

The court believes that the defendant Zhou Wenqiang and others used the method of fabricating facts and concealing the truth to defraud others of money through "stock service", and their behavior has constituted the crime of fraud. Among them, the defendant Zhou Wenqiang established a company with the purpose of committing fraud, recruited personnel, and was the main culprit. Based on this, the defendant Zhou Wenqiang was sentenced to fifteen years in prison for the crime of fraud and also to confiscation of property of one million yuan; Lu Majiang and other defendants were sentenced to imprisonment ranging from ten years to two years and six months for fraud.

(3) Typical significance

This case is a typical case of fraud committed through the fictional recommendation of so-called "high-quality stocks". With the rapid development of the economy, the number of people participating in stock trading has rapidly increased. If there are illegal elements, they will seize the mentality of some shareholders who are eager to "get rich" through stock trading and commit fraud by "recommending high-quality stocks". The defendant Zhou Wenqiang organized a fraud criminal gang, first sending false SMS messages to the shareholders about stock price increases, and then contacting them over the phone, falsely claiming that the company has "insider information" about stock trading. Professional technical personnel can help analyze the stock market, manipulate stock trading, ensure the recommended stock price increases, ensure customer benefits, and defraud customers of paying "membership fees" and "commission fees". Once there are complaints or doubts from customers who have suffered losses, a dedicated person is responsible for calming their emotions and avoiding customer reporting. The fraud gang led by Zhou Wenqiang has a clear division of labor, a large number of victims, and a particularly large amount of fraud. I hope that the majority of investors in the stock trading process do not trust so-called "insider information" or blindly rely on so-called "stock consulting services". They should fully understand the objective risks of stock investment and make investment and financial decisions with caution.


Case 2: Fraud case involving Xie Huaifeng, Xie Huaicheng, and others in Xinglong County, Hebei Province in promoting counterfeit health products

(1) Basic facts of the case

The defendants Xie Huaifeng and Xie Huaicheng are cousins, and they are discussing the promotion of counterfeit health products in Xinglong County, Hebei Province. From October 2012 to July 2013, Xie Huaifeng and Xie Huaicheng used the personal information of citizens illegally obtained from the internet to hire multiple telephone operators, impersonating staff members of the China Elderly Association and health product companies, and using promotion and winning prizes as bait to promote "health products" without health product labels or health permit registration to some elderly people. If the recipient contacted by the operator determines to purchase a certain product, the person responsible for verifying and confirming the order will then use the cash on delivery method to send the goods through Postal Express Limited and collect the payment. Xie Huaifeng and others sold over 3000 people through the above means, involving more than 20 provinces across the country, with a total amount of 1886689.84 yuan involved.

(2) Judgment results

This case was first instance by the People's Court of Xinglong County, Hebei Province, and second instance by the Intermediate People's Court of Chengde City, Hebei Province. It has now taken legal effect.

The court believes that the defendants Xie Huaifeng, Xie Huaicheng, and others used illegal possession as the purpose, fabricated facts, concealed the truth, and sold counterfeit health products to defraud others of their property, all of which constituted the crime of fraud. The defendants Xie Huaifeng and Xie Huaicheng are the initiators of this case. Xie Huaifeng invested in leasing houses engaged in fraudulent activities, purchasing equipment and equipment engaged in fraud, and organizing procurement. Xie Huaicheng provided operators familiar with sales methods. Both defendants are the main offenders. Based on this, the defendants Xie Huaifeng and Xie Huaicheng were sentenced to eleven years in prison and a fine of RMB 100000 respectively for the crime of fraud; Chen Xiujie and other defendants were sentenced to imprisonment ranging from three to one year or a single fine for fraud.

(3) Typical significance

This case is a typical case of fraud committed through the promotion of counterfeit health products. At present, the number of elderly people in China is constantly increasing. With the improvement of living standards, elderly people are increasingly paying attention to health preservation and care, and it is common in society to promote health products for the elderly. The defendants, Xie Huaifeng and Xie Huaicheng, employed multiple individuals to impersonate staff members of the Elderly Association and health product companies, using promotions and winning prizes as bait to sell counterfeit health products to the elderly by phone, defrauding huge amounts of money, and being deceived by a large number of elderly people, with a wide distribution and extremely negative social impact. I hope that elderly friends should be vigilant and not trust those who promote health products over the phone. Instead, they should purchase health products that are suitable for their physical condition through legitimate channels.


Case 3: Wu Jinlong and others in Jinjiang City, Fujian Province sent medical insurance cards with abnormal false voice information fraud case

(1) Basic facts of the case

In July 2013, Taiwanese personnel "A Shui" (handled separately) organized Taiwanese defendant Wu Jinlong and others to travel to Vientiane, Laos to engage in telecommunications fraud activities. The gang set up a dens in Vientiane, sent voice messages to fixed telephone users in provinces and cities of Chinese Mainland via internet phone with pre edited fraud voice packets, falsely claiming that the victim "had abnormal medical insurance cards, and would call back if in doubt". When the victim calls back, the phone is transferred to a frontline member of the gang who impersonates a staff member of the medical insurance center, falsely claiming that the victim's medical insurance card is suspected of stealing prohibited drugs. The victim is required to "report" to the public security organ and guide the victim to agree to transfer the report phone to the public security organ. The frontline member then transfers the phone to a second-line member of the gang who impersonates a public security officer to answer. During this period, the second line personnel called the victim with the "Public Security Bureau number" that had been pre changed to display the phone number, in order to gain the victim's trust. Later, they obtained the victim's personal information, falsely claiming that the victim's bank account had security issues, and transferred the call to the third line personnel of the gang who impersonated the prosecutor's office staff. They requested the victim to transfer the deposits in the bank card to the designated account for the so-called "fund inspection and comparison", Using this means to defraud the victim of their money. Wu Jinlong and others defrauded a total of 10192500 yuan.

(2) Judgment results

This case was first instance by the People's Court of Jinjiang City, Fujian Province, and second instance by the Intermediate People's Court of Quanzhou City, Fujian Province. It has now taken legal effect.

The court believes that the defendant Wu Jinlong and others, with the purpose of illegal possession, published false information through telecommunications technology such as the Internet and committed fraud against unspecified individuals, and their behavior constitutes the crime of fraud. Among them, Wu Jinlong is responsible for convening, managing, and training personnel, playing a major role and being the main culprit. According to this, the defendant Wu Jinlong was sentenced to 13 years and 6 months in prison for the crime of fraud, and a fine of RMB 200000 was also imposed; The defendants Zhuang Jingfan and others were sentenced to imprisonment ranging from twelve years, six months to two years for the crime of fraud.

(3) Typical significance

This case is a typical case of fraud committed by sending false voice information with abnormal medical insurance cards. With the gradual improvement of China's medical insurance system, insured personnel have gradually achieved full coverage, and medical insurance cards have become a commonly used card type, closely related to people's lives. The defendant Wu Jinlong and others set up a shelter overseas, setting up third line personnel to impersonate medical insurance center staff, public security personnel, and procuratorate staff. They first sent false voice messages saying "If there is an abnormality in the medical insurance card, call back if there is any doubt", and then used the third line personnel's serial fraud to extract the victim's personal information, luring the victim to transfer their savings to the "designated account", thereby obtaining money. Remind medical insured personnel not to trust abnormal phone voice messages on their medical insurance cards, and not to easily inform strangers of important personal information over the phone.


Case 4: A fraud case involving Zeng Jiangquan and others in Pinghe County, Fujian Province, targeting Taiwanese residents as criminal targets

(1) Basic facts of the case

From August 2012 to December 2012, the defendant Zeng Jiangquan, together with others, rented houses in multiple residential areas in Zhangzhou City, Fujian Province as fraud dens. They built network phone platforms in each dens that could display numbers at will, and arranged for the defendant Lv Wenzhong and seven others to be the responsible persons of the dens to organize personnel within the dens to carry out fraud. The personnel responsible for the specific implementation of fraud are divided into different roles and cooperate. They use the personal information provided by Zeng Jiangquan for Taiwanese residents to make phone calls, and the personnel who impersonate store and supermarket staff fabricate the fact that Taiwanese residents have to cancel payments due to shopping errors. Then, the personnel who impersonate bank customer service staff use the excuse of "helping to cancel the aforementioned installment payment business" to lure Taiwanese residents to operate ATMs, Transfer bank deposits to the bank account provided by the warehouse personnel, in order to defraud money. Among them, Taiwan defendant Yan Anren introduced a Taiwanese person who could provide a bank account for receiving fraudulent proceeds to Zeng Jiangquan, and also used his own bank card to receive fraudulent proceeds for Zeng Jiangquan. Zeng Jiangquan and others defrauded a total of 3018112 yuan.

(2) Judgment results

This case is being tried by the People's Court of Pinghe County, Fujian Province. It has now taken legal effect.

The court believes that the defendant Zeng Jiangquan and others used illegal possession as the purpose, dialed the phone number of an unspecified majority, fabricated facts, and defrauded others of money. The defendant, Yan Anren, was aware of Zeng Jiangquan's fraudulent activities and provided communication tools and network technology support for introducing others to him; Provide credit cards and transfer and withdraw fraudulent proceeds to assist in the implementation of fraud. The actions of both defendants have constituted the crime of fraud. The defendant, Zeng Jiangquan, played an organizing and directing role and was the principal offender. Based on this, the defendant Zeng Jiangquan was sentenced to eleven years and five months in prison for the crime of fraud, and a fine of 500000 yuan was also imposed; Yan Anren and other defendants were sentenced to imprisonment, public surveillance, or a single fine ranging from ten years and nine months to eight months for the crime of fraud.

(3) Typical significance

This case is a typical case of fraud targeting Taiwanese residents in China. In this case, Zeng Jiangquan and other mainland defendants colluded with the Taiwan defendant to commit fraud against Taiwanese residents. The Taiwan defendant provided personal information and network technology support for Taiwanese residents, and provided credit cards for transfer and withdrawal of fraudulent proceeds. The defendant in mainland China has set up a dens to carry out specific fraudulent activities by making phone calls. The release of this case indicates that no matter where the criminals come from or who they target, as long as they violate the laws of our country, they will be punished by the law.


Case 5: Shangguan Yonggui and others in Xiamen City, Fujian Province helped a fraud gang to transfer stolen funds for fraud

(1) Basic facts of the case

From November 2013 to January 2014, the defendant, Shangguan Yonggui, conspired with the fraud gang and agreed to help them extract the stolen funds obtained from the fraud in order to seek illegal benefits. Afterwards, Shangguan Yonggui provided accommodation and paid hundreds of yuan per day, and hired the defendants Shangguan Fushui and Shangguan Shengmu to withdraw funds. After contacting the fraud gang in advance, Shangguan Yonggui led Shangguan Fushui and others to Shenzhen, Huizhou, Dongguan, and other places in Guangdong Province to withdraw or transfer funds for the fraud gang through bank ATMs. When one person withdraws funds, others are watching. Shangguan Yonggui and others participated in extracting and transferring fraudulent funds for the fraud gang, totaling 89541378 yuan. In addition, from March to August 2013, Shangguan Yonggui also used the method of issuing false prize redemption cards to unspecified individuals to defraud others of a total of 88671.09 yuan in property.

(2) Judgment results

This case is being tried by the Intermediate People's Court of Xiamen City, Fujian Province. It has now taken legal effect.

The court believes that the defendant Shangguan Yonggui, for the purpose of illegal possession, used the method of issuing false redemption cards to unspecified individuals to defraud others of their property, and collaborated with the defendant Shangguan Fushui and Shangguan Shengmu to extract and transfer the proceeds of fraud for the criminal gang. His behavior has constituted a crime of fraud. Among them, Shangguan Yonggui is responsible for contacting the online fraud gang for withdrawal and payment, and hiring Shangguan Fushui, Shangguan Shengmu, and others to withdraw funds. He plays a major role in joint crimes and is the main culprit. Shangguan Yonggui is still a recidivist and should be punished severely according to law. Based on this, the defendant Shangguan Yonggui was sentenced to 13 years in prison and a fine of RMB 200000 for the crime of fraud; The defendants, Shangguan Fushui and Shangguan Shengmu, were sentenced to eight years in prison and five years in prison respectively for the crime of fraud.

(3) Typical significance

This case is a typical case of helping a fraud gang to transfer stolen funds. With the spread of telecommunications network fraud crimes, there have been "professional withdrawals" in society who specifically seek illegal benefits for fraudulent gangs to transfer stolen funds. This type of criminal element frequently changes bank cards, ID cards, and mobile phone numbers to transfer funds to and from fraudulent criminal gangs in various places. The means of committing the crime are extremely covert, seriously disrupting and hindering the judicial authorities' crackdown on telecommunications network fraud criminal activities. In this case, the defendant Shangguan Yonggui colluded with the fraud gang and used more than 700 bank cards to gather and hire personnel to specifically transfer stolen funds for the fraud gang. His withdrawal behavior directly affects the achievement of the fraud purpose and has become an accomplice in the crime of fraud. The announcement of this case aims to clarify that the transfer of stolen funds to a fraudulent gang is a joint crime of fraud according to law and should also be punished by law.


Case 6: Fraud case involving Qin Xianliang and others in Shuangfeng County, Hunan Province sending false information such as changing exam scores

(1) Basic facts of the case

From April to August 2014, the defendant Qin Xianliang, together with the defendant Kang Liangxian and others, engaged in fraud by sending false information such as "proxy exams" and "post exam score changes". Qin Xianliang purchased a bank card, mobile phone card, and QQ number in advance and assigned them to Kang Liangxian and others. Later, Qin Xianliang sent false mobile phone messages to someone claiming that they could change their scores or take the exam on behalf of others after the exam, and left their contact information. If someone contacts them to change their scores or take the exam on their behalf after the exam, Kang Liangxian and others will each use methods such as "deposit" to lure the other party to transfer money to the designated bank account, and then hand over the victim's information to Qin Xianliang. Qin Xianliang will impersonate the "leaders" of various education or social security departments, and continue to lure the victim to transfer money to the designated bank account under the name of "deposit". Qin Xianliang and others used this method to swindle ten times, resulting in a total amount of 60700 yuan.

(2) Judgment results

This case is being tried by the People's Court of Shuangfeng County, Hunan Province. It has now taken legal effect.

The court believes that the defendant Qin Xianliang, in collaboration with others, fabricated facts for the purpose of illegal possession and defrauded the victim's money, which constitutes the crime of fraud. In the joint crime, Qin Xianliang was the main culprit. Based on this, the defendant Qin Xianliang was sentenced to five years in prison and a fine of RMB 60000 for the crime of fraud; Kang Liangxian and other defendants were sentenced to imprisonment ranging from one year, six months to nine months for fraud.

(3) Typical significance

This case is a typical case of fraud caused by sending false information such as "changing exam scores" or "proxy exams". At present, there are various types of professional qualification and title exams, and the results of these exams are directly related to the personal interests of candidates such as employment and promotion. Some unscrupulous individuals use the speculative mentality of individual candidates or their families to engage in fraud. In this case, the defendant sent false information such as "post exam score change" and "proxy exam", using methods such as "deposit" to lure the victim into remitting money to a designated bank account, and then impersonating the identity of an education department staff member to continue to deceive the victim's property under the name of "deposit", which has a very negative social impact. I hope that the majority of candidates and their relatives will face social competition with a calm heart, not take chances and believe such false information. They should participate in various exams with an honest and dedicated attitude, and work together to promote a good atmosphere of honesty, trustworthiness, and fair competition in society.


Case 7: Fraud Case of Yangdaji Opening a False Ticket Website in Danzhou City, Hainan Province

(1) Basic facts of the case

Starting from July 2014, the defendant Yang Daji, together with others, opened a fake ticket purchasing website called "Air Ticketing" to carry out online fraud. When the victim searched for a fake ticket purchasing website online and called 4008928000 to contact, they used the excuse of "ticket purchasing machine malfunction" or "incorrect ticket number, unsuccessful processing" to lure the victim to operate at an automatic teller machine, transfer and remit funds to the defendant's designated account, and Yang Daji was responsible for withdrawing the funds. Yang Daji and others used this method to swindle two times, resulting in a total amount of 49573 yuan.

(2) Judgment results

This case is being tried by the People's Court of Danzhou City, Hainan Province. It has now taken legal effect.

The court believes that the defendant Yang Daji, with the purpose of illegal possession, colluded with others to use fictitious facts to defraud the victim's money through the internet, resulting in a large amount of money. His behavior has constituted the crime of fraud. Based on this, the defendant Yang Daji was sentenced to one year and eight months in prison for the crime of fraud, and a fine of RMB 4000 was also imposed.

(3) Typical significance

This case is a typical case of fraud through the establishment of a fake airline ticket website. Currently, more and more people choose to travel by air, and booking tickets through the internet or phone has become the norm. In this case, the defendant used a false airline ticket website to deceive the victim into transferring money to a bank account controlled by the defendant under the pretext of "machine malfunction" when the victim ordered the ticket, thereby obtaining money. We hope that when preparing for travel, the public should book tickets or perform ticket refunds, changes, and other operations from the official websites or customer service hotlines of major airlines. They should not rashly choose unfamiliar websites and follow the instructions of unfamiliar phones for transfer and remittance.


Case 8: Chen Jie, Danzhou City, Hainan Province, released a TV program winning false information fraud case

(1) Basic facts of the case

Since July 2014, the defendant Chen Jie has published false information on websites such as Baidu Bar and Alibaba regarding winning awards in columns such as "Voice of China" and "Xingguang Avenue". At the same time, he has also published false inquiries about "Is the second prize in the lottery really true", "Does Voice of China have an off-site lottery activity", "What is the phone number of the Beijing Intermediate People's Court", and "What is the consultation phone number of the Beijing People's Court", And provide a response online, in order to leave false "customer service phone numbers" or contact phone numbers for "Beijing Intermediate People's Court" or "Beijing People's Court" online. When the victim dialed the false contact phone number for consultation, Chen Jie impersonated customer service personnel or court staff to claim that the information the victim consulted was true, and informed the victim that if they wanted to receive the prize, they would need to transfer the "handling fee" or "risk fund" to the designated bank account. Chen Jie used this method to commit two scams, obtaining a total of 8800 yuan.

(2) Judgment results

This case is being tried by the People's Court of Danzhou City, Hainan Province. It has now taken legal effect.

The court believes that the defendant Chen Jie used the internet to publish false information for the purpose of illegal possession and defrauded others of money, with a relatively large amount. His behavior has constituted the crime of fraud. Based on this, the defendant Chen Jie was sentenced to six months in prison and a fine of RMB 2000 for the crime of fraud.

(3) Typical significance

This case is a typical case of fraud by publishing false information about winning prizes in TV programs. Watching TV programs is a popular way of leisure and entertainment for the general public. In recent years, the ratings of TV variety shows such as "China's Voice" and "Xingguang Avenue" have been very high. Using such TV programs to commit fraud has a wide range of potential victims and a relatively negative social impact. In this case, the defendant not only posted false information about winning TV programs on websites such as Baidu Bar, but also responded online with "matching" false consultation questions, in order to dispel the victim's doubts and concerns. Then, when the victim dials the receiving phone number, they use the names of "handling fees" or "risk funds" to lure the victim into transferring the money to the designated account. This type of crime method has strong deception. I hope that the general public should be vigilant when they see information about winning TV programs and verify it with the official website or customer service hotline of the TV station or program group. In addition, relevant websites should also fulfill their regulatory obligations, strengthen the verification of the authenticity of published information, and prevent criminals from using online platforms for fraud.


Case 9: Fraud Case of Luo Rencheng and Luo Rensheng Counterfeiting QQ Friends in Binyang County, Guangxi Zhuang Autonomous Region

(1) Basic facts of the case

From August to November 2014, defendants Luo Rencheng and Luo Rensheng used QQ numbers stolen on the internet or changed the QQ number information they applied for to the victim's relatives' QQ information, impersonating the identity of the victim's relatives, and using reasons such as "relatives and friends urgently need to borrow money for treatment in a car accident" to deceive the victim into remitting money to their designated account. Luo Rencheng and Luo Rensheng used this method to commit two scams, resulting in a total amount of 65000 yuan.

(2) Judgment results

This case is being tried by the People's Court of Binyang County, Guangxi Zhuang Autonomous Region. It has now taken legal effect.

The court believes that the defendants Luo Rencheng and Luo Rensheng, who used QQ to fabricate facts and conceal the truth for the purpose of illegal possession, fraudulently obtained property from others, resulting in a huge amount of money. Both of their actions have constituted the crime of fraud; Luo Rensheng knowingly transferred the proceeds of crime, and his behavior also constitutes concealment or concealment of the crime. According to this, the defendant Luo Rencheng was sentenced to four years in prison and fined RMB 10000 for the crime of fraud; The defendant Luo Rensheng was sentenced to two years in prison and a fine of RMB 5000 for the crime of fraud, concealment, and concealment of the proceeds of the crime.

(3) Typical significance

This case is a typical case of fraud committed by impersonating the identity of QQ friends. At present, online chat software such as QQ and WeChat have replaced traditional methods as one of the mainstream communication methods in society. This type of chat method, which represents identity through online accounts and "sees words but not people," is easily exploited by criminals for fraud. In this case, the defendant impersonated the victim's relatives through their QQ number, using excuses such as "relatives and friends in car accidents urgently need to borrow money for treatment" that could easily make the victim anxious and impulsive and not make rational analysis and judgment, to lure the victim into remitting money to their designated account. I hope that QQ and WeChat users can pay attention to protecting their online chat tool user information to prevent theft. Once stolen, they should promptly report to the software operator. At the same time, when receiving information such as requests for transfer from relatives and friends online, it should be carefully verified and no hasty remittance is allowed. In addition, the operators of online chat tools should also strengthen supervision and technological innovation to effectively protect the personal information security of users.


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