#Do not lend your bank card, or you may end up committing a crime

Compiled from: Luozhuang District People's Court
 
Recently, the anti-telecom fraud movie 'All In' has been showing in cinemas. The film reveals the horrifying内幕 of the overseas telecom fraud black industry chain, and some details in the movie have sparked heated discussions among the public. In the movie, after a scam syndicate defrauds a huge sum of money, in order to withdraw the stolen funds as quickly as possible, the criminals spring into action, each heading to the nearest ATM to withdraw cash. Within 10 minutes, 8 million yuan in cash was withdrawn in portions.

[1] Image source from the internet; if infringement occurs, please delete!

Why are there so many accounts and so many subordinates helping criminal gangs achieve 'high-efficiency' cash withdrawals? This brings up an important aspect of telecom fraud crimes — the crime of assisting information network criminal activities, abbreviated as: assisting crime.
 
Case review
At the end of 2022, Wang saw advertisements for 'loans for people with no credit record' in his friend circle, so he added the other party on WeChat. He learned that if a bank card was overdue and the person had no credit record, they could go to another city to get a loan, with travel expenses reimbursed, and the money borrowed would not need to be repaid.
 
Wang thought to himself: Is there really such a good deal? Anyway, there is no money in his bank card, so if he can lend out money, he can make some money, and if he can't, he won't suffer any loss. Therefore, Wang, following the other party's request, took his own bank card, traveled by train to Fuzhou, and provided his bank card, card transaction password, ID card, mobile phone number, and other information to others for use, providing payment and settlement assistance and illegally earning several hundred yuan.
 
Upon investigation, the funds flowing unidirectionally into the bank card account involved in the case amounted to over 300,000 yuan; among them, in the telecom network fraud cases reported by the victims and filed for investigation by the public security authorities, nearly 100,000 yuan of the defrauded money was transferred into the bank card account provided by Wang.
 
After trial, the court held that the defendant Wang knowingly provided payment settlement assistance to others who used the information network to commit crimes, and the circumstances were serious, constituting the crime of aiding information network criminal activities. Considering that Wang truthfully confessed to the criminal facts after being apprehended, voluntarily pleaded guilty, actively returned illegal gains, and paid fines, a lighter punishment was applied according to law. Ultimately, Wang was sentenced to six months of imprisonment, suspended for one year, and fined 6,000 yuan.
 
 
《 [1] The People's Republic of China 刑法》
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
Criminals usually take advantage of the mentality of some people who like to gain small benefits without working for them. These people, thinking that lending a bank card will not harm their own interests, ignore the negative impact of helping criminals harm others and society. In the end, they gain a tiny profit, but in return face criminal punishment.
 
In recent years, our country has vigorously publicized that buying, lending, renting, or selling bank cards and personal information to others for use are illegal activities, and may even become accomplices to others committing crimes such as telecom network fraud and money laundering. Countless real-life cases also tell us not to believe in free lunches from the sky, as they are often traps.