How much water does it take to commit a gang trust crime

1、 How much water does it take to commit a gang trust crime

If the crime of "helping trust" is involved and the amount of funds involved does not exceed 200000 dollars, criminal responsibility may still be faced. Specifically, if information is suspected of assisting Cybercrime Activity crime, and the involved capital flow reaches more than 200000 dollars, it has already met Filing a case Standards.

After comprehensive judgment according to the amount involved in the case and other relevant circumstances, the sentence can be less than three years according to law fixed-term imprisonment or criminal detention At the same time fine Or a single penalty. The rules for determining the flow of funds in the "gang trust" crime are as follows:

First of all, the flow of funds in the crime of "helping and trusting" refers to the total amount of funds flowing into credit cards through the implementation of information network crimes;

Secondly, one of the threshold for the crime of "helping trust" is that the payment settlement amount reaches 200000 dollars, which is a further characterization after the capital flow reaches 200000 dollars;

Finally, if any evidence It is proved that some funds in the fund flow are not used for collection or payment and should be eliminated. The so-called "helping trust" crime refers to clearly knowing that others are using the information network to commit criminal acts, but still providing them with technical support such as Internet access, server hosting, network storage, communication transmission, and even providing convenient conditions such as advertising promotion, payment and settlement. Those with serious circumstances will be regarded as criminal acts. The full name of the crime of "Gang Xin" is“ Crime of helping information network criminal activities ”It can be seen from its full name that although the crime is not a direct crime, it has provided substantive help for criminal acts. Although the punishment is less severe than that for direct crimes, those with serious circumstances can still be sentenced to fixed-term imprisonment or criminal detention of less than three years in accordance with the law, as well as a fine or a single fine.

The People's Republic of China criminal law 》Article 287

[Crime of helping information network criminal activities] Whoever knowingly uses information network to commit a crime and provides technical support such as Internet access, server hosting, network storage, communication transmission, or assistance such as advertising promotion, payment and settlement, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph. If the act mentioned in the preceding two paragraphs constitutes another crime, the offender shall be convicted and punished in accordance with the provisions on heavier punishment.

2、 How much does the crime of helping trust cost? Conviction and sentencing

According to relevant laws statute , for cases where the amount of payment and settlement is more than 200000 yuan, and for cases where the amount of funds provided through advertising and other means is more than 50000 yuan, and Illegal income Any case of more than 10000 yuan may be sentenced to criminal responsibility, because these circumstances have met the definition of "serious circumstances" in the legal rules.

Article 12 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Illegal Use of Information Networks and Assistance in Criminal Activities of Information Networks

Anyone who knowingly uses information network to commit a crime and provides assistance for his crime shall be deemed as Article 287-2 of the Criminal Law in any of the following circumstances

The "serious circumstances" specified in the first paragraph:

（1） Providing help to more than three objects;

（2） The settlement amount is more than 200000 yuan;

（3） Providing more than 50000 yuan in the form of advertising;

（4） The illegal income is more than 10000 yuan;

（5） Within two years, he has been punished for illegal use of information network, helping information network criminal activities, and endangering the security of computer information system administrative sanction , also helping information network criminal activities;

（6） The crime committed by the object of assistance has caused serious consequences;

（7） Other serious circumstances.

If it is really impossible to verify whether the object of assistance has reached the level of crime due to the restriction of objective conditions when the act specified in the preceding paragraph is carried out, but the total amount of the relevant amount has reached more than five times the standard specified in items 2 to 4 of the preceding paragraph, or has caused particularly serious consequences, the perpetrator shall be investigated for criminal responsibility for the crime of helping information network criminal activities.

Law is a universal constraint, which not only protects our rights and interests, but also regulates our behavior. Each of us should fully understand and understand the law in order to better protect our rights and better live in this society ruled by law. As the title of this article puts forward, "How much water will be punished for the crime of helping trust". The study and understanding of law is a long-term task, which needs our constant efforts and exploration. We should cherish this process and regard it as an opportunity for self-improvement so as to better adapt to social development and change.