1、 How to count the crime of helping trust as serious
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) Illegal use of information network and help information within two years Cybercrime Activities and hazards to computer information system safety administrative sanction , also helping information network criminal activities;
(6) The crime committed by the object of assistance has caused serious consequences;
(7) Acquire, sell or lease more than 5 pieces of credit cards, 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 that it is the premise of the crime and also the criminal defense lawyer The important argument is that "knowing" is a specific knowledge, which is a knowledge of the object of the act. It is different from what should be known. It should be combined with the cognitive level of ordinary people and the cognitive ability of the actor, whether the relevant acts violate the prohibitive provisions of the law, whether the actor performs his management duties, etc.
In recent years, the network telecommunication fraud The incidence of cases is high. After the masses suffer from telecom fraud, it is often difficult to recover their money. One of the important reasons is the existence and high incidence of "helping trust" crime. A large number of bank cards and telephone cards with "false names" were purchased by criminals and used to carry out telecommunications fraud. The amount of fraud was transferred through a variety of settlement tools, which made it very difficult to combat crime. Here we remind you to further improve the awareness of risk prevention.
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