Selling card numbers for petty gains, becoming an accomplice at a great loss

[2] Compiled from: Shandong High Court
 
Case review
[2] In April 2021, Ma was playing an online game at an internet cafe when the game customer service asked if he had spare bank cards, offering to buy them for 200-300 yuan each, and to provide the card number, password, and verification code. The two eventually agreed on 500 yuan per card. Ma then went to the bank to open nine bank cards and sold them to the customer service on the gaming platform, who credited 4,000 yuan to Ma's game account. Telecom fraudsters transferred large sums of money through Ma's nine bank cards, making Ma an accomplice to the telecom fraud.

 
 

[3] One victim, Cui Mouhui, stated that one day in April 2021, a person with the WeChat nickname "Xiaoxin Classmate" added him via phone number. Cui, thinking it was an acquaintance, accepted the request. "Xiaoxin Classmate" pulled him into a WeChat group where someone shared a link to the "Shisou" app. The group leader instructed members to follow public accounts to complete tasks for money. Cui earned a few hundred yuan by completing tasks and withdrawing, then began making large recharges to complete tasks. He kept recharging but could never withdraw successfully. Cui was defrauded of over 200,000 yuan, with multiple recharges going to a bank account under Ma's name.
 
 
[1] Court Opinion
[4] The court found that since April 2021, Ma, seeking profit, knowingly allowed others to use information networks to commit crimes by providing nine bank cards opened with his identity information to the game customer service and assisting in illegal transfers, illegally profiting over 4,000 yuan. It was verified that five of the involved bank cards had a total payment settlement flow (incoming) of over 3.23 million yuan, with confirmed fraud losses of over 390,000 yuan from five victims in Decheng District and other areas.
 
[5] Defendant Ma, knowing others were using information networks to commit crimes, still provided payment settlement assistance for their criminal activities, constituting a serious case of the crime of aiding information network criminal activities. He was sentenced to nine months in prison and fined 6,000 yuan; ordered to return the illegal gains of 4,000 yuan to the state treasury; and confiscated the nine bank cards in his possession.

 
 

 
"Criminal Law of the People's Republic of China"
Article 287-1 [Crime of Illegal Use of Information Networks]
Whoever uses an information network to commit any of the following acts, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine:
(1) Establishing websites or communication groups for committing fraud, teaching criminal methods, producing or selling prohibited or controlled items, or other illegal or criminal activities;
(2) Publishing information on producing or selling drugs, firearms, pornographic materials, or other prohibited or controlled items, or other illegal or criminal information;
(3) Publishing information for committing fraud or other illegal or criminal activities.
Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Where the acts in the preceding two paragraphs also constitute other crimes, the offender shall be convicted and punished in accordance with the provisions for the heavier penalty.
 
Article 287-2 [Crime of Aiding Information Network Criminal Activities]
Whoever knowingly provides technical support such as Internet access, server hosting, network storage, or communication transmission, or provides assistance such as advertising promotion or payment settlement for others committing crimes using information networks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine.
Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Where the acts in the preceding two paragraphs also constitute other crimes, the offender shall be convicted and punished in accordance with the provisions for the heavier penalty.

 
 

 
[1] The author's perspective
The crime of aiding information network criminal activities refers to the act of a natural person or unit knowingly providing technical support such as Internet access, server hosting, network storage, or communication transmission, or providing assistance such as advertising promotion or payment settlement for others committing crimes using information networks.
 
The author reminds that such easy money-making at home is not a pie in the sky; instead, it may backfire. Selling one's bank cards, phone cards, or WeChat accounts to others—these simple and effortless acts that yield high returns—may inadvertently facilitate others in committing crimes such as telecom fraud or money laundering. While causing economic losses to victims, it also drags the seller into the quagmire of aiding information network criminal activities. The public is urged to remain vigilant, enhance legal awareness, and protect personal privacy. Do not test the bottom line of the law for petty gains, or you may face severe consequences that outweigh the benefits.