How Should the Amount Involved in 'Foreign-Targeted' Telecom Fraud Be Determined?

2024-04-24 724 0人评论

  Recently, when the People's Procuratorate of Xinmi City, Henan Province, guided the public security organ in accordance with the law to investigate a telecom network fraud case, the relevant evidence of the amount involved was fixed from more than 2 million yuan to nearly 50 million yuan.

  In July 2022, the relevant department of the Zhengzhou public security organ detected abnormal phenomena in a rented house in Quliang Town, Xinmi City, and instructed the Xinmi public security organ to go to the scene to check, unexpectedly discovering that a gang suspected of telecom fraud was hidden there. It turned out that in February 2022, Yang, Liu, Zhu and others jointly funded the recruitment of personnel in a rented house in Quliang Town, Xinmi City, to form a telecom fraud team targeting foreigners; the recruited personnel, following script texts, used overseas chat software to lure them into downloading fake investment software for financial management, and by controlling withdrawals, illegally possessed their funds.

  When the Xinmi public security organ submitted the persons involved to the Xinmi City Procuratorate for review and arrest in accordance with the law, the Xinmi City Procuratorate found that the main crime location of the case was abroad, there were many persons involved, the amount was large, and the relevant evidence was difficult to fix. After reporting to and obtaining approval from the chief procurator, it instructed the case-handling personnel to intervene in the investigation at the first opportunity and guide the public security organ to promptly fix the relevant evidence. In accordance with the case-handling model of "early intervention + integration of arrest and prosecution + whole-process tracking" innovated by the Xinmi City Procuratorate, the case-handling personnel accurately mapped out the structure of the criminal group's members, unified the evidence standards, unified the sentencing standards, and unified the interpretation of the law and reasoning, guided the public security organ to extract and analyze the data of the seized servers involved, focused on determining the fraudulent nature of the platform based on the role permissions, determined the fraud amount according to the difference between the victims' recharge amount and withdrawal amount, and established the facts of their fraud crimes.

  "Foreign-related fraud requires stable technical support and more professional script texts, yet among the persons involved who were caught, there were clearly no such technical personnel or talents. Judging from their division of business, they could only play a frontline fraud role and were insufficient to support a complete telecom fraud chain," Wang Lingling, director of the Second Procuratorate Department of the Xinmi City Procuratorate, found many doubts during the case handling.

  In order to clarify the ins and outs of the matter, when Wang Lingling led the case-handling team to interrogate the relevant persons involved, they discovered major clues that the behind-the-scenes boss Zhu and others were suspected of fraud, and promptly reported them to the public security organ. After the public security organ arrested Zhu and others, it also arrested Tu and others who carried out fraud in Shenzhen and provided maintenance for the fraud software.

  At this point, the amount involved in this telecom fraud case was fixed from more than 2 million yuan to nearly 50 million yuan, and the number of persons involved increased from more than 20 to more than 100. It turned out that in February 2022, in the face of the situation of severe crackdowns on telecom fraud in China in accordance with the law, Tu targeted foreigners for telecom fraud and, after conspiring with Liu and one other person, the two were responsible for helping him build the fraud platform and providing later platform maintenance services. The platforms involved all defrauded foreigners into investing in the form of fake funds, and by restricting their withdrawals and other means, once the investment amount accumulated to a certain level, the platform was shut down to possess the funds in the platform. Tu recruited personnel in Shenzhen and used the platform to commit fraud, while authorizing Zhu to use the platform and taking a share from it. Zhu gathered personnel to form a fraud gang engaged in online "killing foreign targets" work.

  According to the case-handling personnel, "killing foreign targets" is a new type of telecom network fraud in which criminals target foreigners, use translation software and chat software to pretend to date and make friends with foreign men, gain the victims' trust, and then defraud them of money; it is a variant of the "pig-butchering scam." Because the victims are mostly abroad and it is inconvenient to report to the police, not only is it difficult to detect the gang members who work at night and hide by day, but communication issues with the victims such as language, culture, and time differences also make it more difficult for law enforcement personnel to collect and integrate evidence. In addition, the organizers of cross-border telecom fraud crimes often hide behind the scenes, and it is relatively difficult to accuse and prove the crime, which further requires case-handling personnel to comprehensively sort out the evidence, clarify the organizational structure, actively conduct inquiries, and interpret the law and reasoning.

  Recently, after the Xinmi City Procuratorate initiated a public prosecution, Tu and others were sentenced by the court to fixed-term imprisonment of 14 years and 6 months to 13 years and 6 months for fraud, and fined 2 million yuan to 1 million yuan; the remaining persons involved are still under further review and handling.

评论 (0)

TOP