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

[2] Compiled from: Shandong High Court
 
Case review
In April 2021, while Ma was playing an online game at an internet cafe, the game's customer service representative asked him whether he had any spare bank cards and offered to purchase them for two to three hundred yuan each. Ma provided the card numbers, passwords, and verification codes to the representative, and they ultimately settled on a price of five hundred yuan per bank card. Ma subsequently went to banks to open nine bank cards and sold them to the representative on the gaming platform, who then recharged four thousand yuan into Ma's game account. Telecom and internet fraudsters used Ma's nine bank cards to transfer a large amount of funds, making Ma an “accomplice” to telecom and internet fraud.

 
 

One of the victims, Cui Mouhui, stated that one day in April 2021, a person with the WeChat nickname “Xiao Xin Tong Xue” added him via his mobile phone number. Cui Mouhui assumed it was someone he knew and accepted the request. “Xiao Xin Tong Xue” then added him to a WeChat group, where someone posted a link to the “Shi Sou” app. The group owner instructed members to follow a public account and complete tasks to earn money. Cui Mouhui completed the tasks and successfully withdrew a few hundred yuan. He then began making large deposits to complete tasks, continuously topping up his account, but was never able to withdraw funds successfully. Cui Mouhui was defrauded of over 200,000 yuan in total, and the bank card account used for multiple deposits was registered under the name Ma Mou.
 
 
[1] Court Opinion
The court, upon trial, ascertained that since April 2021, Ma, for the purpose of obtaining benefits, knowing that others were using information networks to commit crimes, provided nine bank cards opened with his personal identity information to a game customer service representative and assisted the other party in conducting illegal transfer activities, illegally profiting over RMB 4,000. It has been verified that the total transaction flow (credits) of five involved bank cards amounted to over RMB 3.23 million, and the defrauded amounts of five complainants from Decheng District and other locations, totaling over RMB 390,000, have been confirmed.
 
Defendant Ma, knowing that others were using information networks to commit crimes, still provided payment and settlement assistance for their criminal activities. The circumstances were serious, constituting the crime of assisting information network criminal activities. He was sentenced to nine months of fixed-term imprisonment and fined RMB 6,000; ordered to disgorge illegal gains of RMB 4,000, which shall be turned over to the state treasury; and nine bank cards in his possession were confiscated.

 
 

 
"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.