I Guile How to calculate Serious circumstances
constitute Crime of helping information network criminal activities "Serious circumstances" shall be met, and the specific circumstances are as follows:
(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) Illegal income More than 10000 yuan;
(5) Within two years Illegal use of information network Help Information Network criminal activities . Have been responsible for endangering the safety of computer information system administrative sanction , also helping information network criminal activities;
(6) Implemented by the helped object Crime Causing serious consequences;
(7) Acquisition, sale and lease Credit Card 5 or more bank accounts, non bank payment accounts, Internet account passwords with payment and settlement functions, online payment interfaces, and online banking digital certificates;
(8) Purchase, sell or lease more than 20 mobile phone cards, flow cards and IOT cards of others;
(9) Other serious circumstances.
When committing the act specified in the preceding paragraph, it is really impossible to verify whether the object of assistance has reached the level of crime due to the restrictions of objective conditions, 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. "
2、 How to identify the crime of gang trust
Crime of helping trust: a crime of impairing the order of social management, which refers to a serious act of providing technical support such as Internet access, server trusteeship, network storage, communication transmission, or providing help such as advertising promotion, payment and settlement, knowing that others use the information network to commit crimes.
Knowing clearly is the premise of the crime, and also an important point for criminal defense lawyers. Knowing clearly "is a specific knowledge, which is a clear knowledge of the object of behavior, different from what should be known, and should be combined with the cognitive level and Actor Cognitive ability, whether the relevant behavior violates the prohibitive provisions of the law, whether the perpetrator performs management responsibilities, etc.
In recent years, the network telecommunication fraud The cases are high. After the masses are cheated by telecommunications, it is often difficult to recover the money, one of the important reasons is that“ Helpful Letter ”The existence and high incidence of crime. A large number of bank cards and telephone cards with "false names" were purchased by criminals and used to commit telecommunications fraud, Fraud amount It is also transferred through a variety of settlement tools, which brings great difficulty to crack down on crime. Here we remind you to further improve the awareness of risk prevention.
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