ГРУПКОД-АНГ

Transferring a bank card, Alipay and WeChat accounts to others can lead to fines and imprisonment

The unemployed Wang was without financial resources, but accidentally Wang found out that when providing bank cards for use by others, each card can receive a commission of 50 to 100 yuan per day. Thinking that if there is no money in his bank account, then there should be no problem, so Wang gave his 5 bank cards and 3 of his family's bank cards to others and made a profit of more than 10,000 yuan.

 

However, these bank accounts were later illegally used for criminal activities. Some of the accounts have been involved in telecommunications fraud cases, and large sums of money have often been transferred and withdrawn. Wang was later arrested by the public security authorities on suspicion of committing a crime. The court ruled that Wang, knowing that others were using information networks to commit crimes, still provided bank cards to help others, which is a crime for facilitating illegal behavior.

 

Specific provisions are contained in the second paragraph of article 287 of the Criminal Code: knowing that other persons use information networks to commit crimes, providing technical support such as Internet access, server hosting, network storage, messaging or providing advertising or other assistance in committing crimes, under aggravating circumstances - is punishable by imprisonment for a term of up to three years, as well as a fine.

 

The common crime is mainly to provide payment and settlement assistance for information network criminal activities, such as providing bank cards, Alipay accounts, personal collection codes and so on. In the criminal activities of the information network, due to the huge amount of funds involved, a large number of bank cards and other payment instruments are needed to transfer accounts, so criminals will recruit others to force other people to transfer their own bank cards for "paid use".

 

Of course, this is not only about the provision of bank cards. Pursuant to Article 7 of the "Opinion on Certain Law Enforcement Issues in Criminal Cases such as Telecommunications Fraud", the purchase, rental and sale of mobile phone cards, Alipay accounts, WeChat, etc. can also be identified as providing "assistance" to a criminal activities of criminals in information networks.

 

Often, some people make a profit by lending or selling bank cards for a small profit. Actually giving or selling bank cards to others with compensation, but giving your own bank cards for free is also illegal and may violate criminal law.

 

In accordance with Article 28 of the Bank Card Management Measures, bank cards and their accounts may only be used by cardholders that have been approved by the issuing bank and may not be rented or lent. Therefore, even if it is gratuitous use, it violates the relevant rules.

 

In addition, according to the relevant judicial interpretations, under the following circumstances, it can be established that the offender knows that other persons use the information network to commit crimes. For example, providing programs, tools or other technical support and assistance specifically for illegal and criminal purposes; providing technical support and assistance to others to evade supervision or investigation.

 

Also, if the circumstances are serious, aiding and abetting is a crime. For example, assisting more than 3 facilities, paying and withdrawing more than 200,000 yuan, illegal profits of more than 10,000 yuan, renting or selling 5 bank accounts and more than 20 mobile phone cards.

 

That is, issuing 5 bank cards or bank cards provided for collection of more than 200,000 yuan is a crime of aiding.

 

How do you avoid the guilty trap?

Firstly, take good care of your bank card, mobile phone card, ID card, u-shield for online banking, etc., and do not sell or lend them to others. Also, don't throw away your credit card transaction receipts and don't send photos or videos with credit card and payment information.

 

Secondly, do not follow suspicious or dangerous web links and scan QR codes of unknown origin with caution. At the same time, do not believe any propaganda using paid bank cards as a ploy.

TPL_IN
Created: 31 March 2022

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