An Analysis Of The Withdrawal-helping Telecommunication Network Fraud Case Involved Three People Including Shao Jinxin

At present,the crime of telecommunication network fraud gradually showed the tendency of being organized and in a group mode,and the members in fraud group have layered and different responsibilities and form a professional criminal group.The behavior of the withdrawals is an essential step in the crime of telecommunication network fraud,their ways of committing the crime is concealed and hidden,which seriously interferes with and hinders the judicial organs to investigate and deal with the crime of telecommunication network fraud according to law.In order to tackle the growing cases of crime of telecommunication network fraud,the judicial organ has issued regulations such as “the Interpretation on Several Issues concerning the Specific Application of Law in the Handling of Cases of Crimes of Fraud”,“ Opinions on the Application of Law in Handling Criminal Cases such as Telecommunication Network Fraud ”to regulate the behavior of helping to withdraw the money,it has functioned in guidance of handling specific cases,however it also has the consequence of causing many common cases of different judgements.Especially there is much debate as to whether the people helping to withdraw the money constitutes crime of fraud or to cover up or conceal the resulting of crime,such as the case of Shao Jinxin,Shao Wensheng and Di Meng.Through the analysis of the behavior of three people’s helping to withdraw money,this paper will systematically study the criminal responsibility standard of the behavior of the withdrawals in the crime of telecommunication network fraud.This article is divided into three sections.The first section introduces the basic facts of the case and the court’s judgment,and sums up the focus of the dispute in the case: in the telecommunication network fraud,whether the behavior of the withdrawer constitute the crime of fraud or the crime of concealing or concealing the resulting of crime.In the second section,according to the dispute focus of this case,the author analyzes four aspects of the participation time,factor of subjective understanding,prior conspiracy and count of crimes to study characteristics of behavior of the behavior of the withdrawals in the crime of telecommunication network fraud.First of all,regarding the standards of the telecommunication network fraud crimes and the determination time of the the people helping to withdraw the money.From the viewpoint of "out of control",this article believes that only if the victim remits the property to the bank account designated by the scammer and cannot cancel the transfer without any obstacles,should he be deemed to have completed the crime of fraud.There is no doubt that people helping to withdraw the money before the completion of the crime constitutes an accomplice in the fraud.Participation after the completion of the crime constitutes an accomplice,which needs to be determined in combination with his knowing situation and whether there is prior collusion with the fraudster.Secondly,regarding the identification of subjective cognition factors of the people helping to withdraw the money.They have to realize that the money they receive is the result of the crime of telecommunications network fraud,without having to know the specific details of the fraud.In addition,the analysis of the subjective and cognitive factors of the people helping to withdraw the money should be identified in combination with the subjective and objective factors.Finally,regarding the identification of prior conspiracy to assist with withdrawal cases.The people helping to withdraw the money to constitute an accomplice in the crime of fraud should require prior conspiracy as a necessary condition.When no evidence can fully prove that there is prior conspiracy between the person who helps to withdraw money and the fraudster in advance,its behavior constitutes the crime of concealing and concealing.If the people carry out a withdrawal behavior for a specific telecommunications network scammer,and then continue to carry out a withdrawal behavior for that scammer,they have formed a stable assisting relationship.The first withdrawal behavior is a commitment to subsequent withdrawal behavior,which is in line with the prior collusion case.At this time,should be treated according to include a crime,the crime of fraud is determined to constitute a crime.Through the analysis of the above four issues,concludes that the defendants Shao Jinxin,Shao Wensheng and Di Meng constitute the accomplice of fraud,rather than covering up and concealing the resulting of crime.The third section provides some aspects and thoughts on regulating the behavior of the withdrawals in the crime of telecommunication network fraud from legal perspective.First of all,it is necessary to correctly interpret the existing judicial interpretations and guidance opinions on the criminal identification of telecommunication network fraud to help cashiers.The second,it is possible to issue guidance cases and regulate prior conspiracy of the drawing cash cases and the situation of the subjective and cognitive factors of the people helping to withdraw the money,clarify the criminal identification standards for telecommunication network fraud to help withdraw money,and uniform judicial application.The last,we should not only strengthen the transfer management of banking departments,but also include non-bank payment platforms into the scope of supervision.