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Lending a card? Beware of the Torture!

author:Chongqing Water Politics and Law

As long as you use your bank card to swipe the "running water"

Can you easily earn a "benefit fee"?

Are you tempted?

Watch out!

A "job" that seems to make money "lying down"

In fact, the red line of the law has been violated

Lending a card? Beware of the Torture!

Case review

When Wang Moumou swiped videos through an app on his mobile phone

Add a stranger as a WeChat friend

For the purpose of obtaining illegal benefits

Wang Moumou provided his bank card number according to the other party's requirements

Lending a card? Beware of the Torture!

June 20th

Tens of thousands of yuan were credited to Wang's bank account

Wang Moumou knew that others were using bank accounts

In the case of engaging in illegal or criminal activities

Still giving bank accounts in their own names to criminals

And according to the requirements of the other party, all the funds in the account will be withdrawn and handed over to the other party

Lending a card? Beware of the Torture!

Zhongshan Road Police Station, Yushui Bureau, Xinyu Public Security Bureau

After multi-party cooperation and careful research and judgment

The suspect Wang Moumou was arrested in a hotel in Xinyu

presently

Criminal suspect Wang Moumou has been taken criminal compulsory measures in accordance with law

The case is being further processed

Lending a card? Beware of the Torture!

1. What is "two cards"?

The so-called "two cards", in short, refers to mobile phone cards and bank cards.

Among them, mobile phone cards include the phone cards of the three major operators of China Mobile, China Telecom and China Unicom, the phone cards of virtual operators, and the Internet of Things cards.

Bank cards include personal bank cards, corporate accounts and settlement cards, and accounts of non-bank payment institutions (i.e., third-party payment platforms such as WeChat and Alipay, which are highly used by us).

2. What is the "two-card" crime?

It refers to the illegal and criminal activities of renting, selling, and buying and selling "two cards".

3. What are the crimes involved in the "two cards" crime?

The crimes of aiding information network criminal activities, obstructing the management of credit cards, stealing, buying, and illegally providing credit card information, infringing on citizens' personal information, covering up and concealing criminal proceeds, and crimes such as fraud and opening casinos.

Lending a card? Beware of the Torture!

4. What laws will be violated by participating in the "two cards" crime?

Article 287-2 of the Criminal Law of the People's Republic of China stipulates that [the crime of aiding information network criminal activities] refers to clearly knowing that others are using information networks to commit crimes, providing them with technical support such as Internet access, server hosting, network storage, and communication transmission, or providing assistance such as advertising and promotion, payment and settlement, and where the circumstances are serious, a sentence of up to three years imprisonment or short-term detention and/or a fine is to be given.

According to Article 312 of the Criminal Law, if a person lends a bank card or mobile phone card knowing that it is the proceeds of crime and the proceeds thereof, but still helps fraudsters transfer funds, then it may also constitute the crime of covering up or concealing criminal proceeds, and the maximum sentence is between three and seven years imprisonment and a fine.

5. What punishment will be imposed for participating in the "two cards" crime?

Legal liability:

Bank cards, business accounts and phone cards are all subject to real-name system, such as the sale of bank cards, business accounts and phone cards in their own names for a small price, and the sellers are used to engage in money laundering, tax evasion, fraud and other illegal and criminal activities, which will not only lead to personal credit damage, but also bring huge legal risks to themselves, and even bear criminal liability.

Disciplinary Measures:

Units and individuals designated by the public security organs as renting, lending, selling, or purchasing bank accounts and relevant organizers, or units and individuals that open bank accounts or payment accounts by impersonating the identities of others or fictitious agency relationships, shall be suspended for 5 years from all non-counter business in their bank accounts and payment accounts, and must not open new accounts for them. For untrustworthy users who are determined by the public security organs to rent, lend, or sell phone cards, and are used for telecommunications network fraud and cause losses, the three major basic operators are to implement the implementation of only one phone card, and must not handle mobile phone card access business for 5 years.

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