Qianjiang Evening News · Hour News Chief Correspondent Xiao Jing Correspondent Guo Nan province inspected
, a young man born in the 90s. A credit card under his name was transferred more than 4,000 funds from March 2017 to April 2018. The total amount is over 100 million yuan.
This is a case of 100 million yuan money laundering initiated by the public security organ of Jiaojiang District, Taizhou City in handling a P2P platform fundraising fraud.
Money laundering crime, a crime that most people have only heard of in TV series and movies before, suddenly got so close to us.
(the film "Anti-Corruption Storm 3" with the theme of combating money laundering) The
case starts with a P2P platform case handled by the public security organs of Jiaojiang District, Taizhou in 2019.
A young man born in the 90s, an ordinary worker on this P2P platform entered the police's sight.
Tao has a criminal record. He was sentenced for the crime of opening a casino and lost his job.
In March 2017, he was introduced to work at the investment company of his friend Ying, and he served as a driver for his boss, Ying.
On the day of employment, Ying told Tao to apply for a new personal bank card for the company to use. Tao had hesitated, but after thinking about it, he still applied for a bank card and gave it to Ying. Certainly, the SMS reminder of the bank card is bound to his mobile phone number. A few days after
went to work, Tao’s bank card was credited with 200,000 yuan. One minute later, another 160,000 yuan was credited. Ten minutes later, the 360,000 yuan was withdrawn.
In this way, every month, the turnover of bank cards can reach tens of millions...
(picture provided by the procuratorial organ)
After working for a period of time in the company headquarters as Ying's driver, Tao Go to the company's lending business department again. The funds used by
in lending come from the company's P2P business platform. The company knows this well.
Tao actually understands at this time that his bank card company mainly uses money from the P2P third-party payment platform and transfers between the accounts controlled by the company.
was cancelled from March 2, 2017 to April 13, 2018. Tao’s account has transferred a huge amount of illegal fund-raising funds more than 4,000 times, with a total transfer amount of more than 117.46 million yuan, of which the third-party payment platform and application The amount of funds transferred from a bank card under the control of a certain company is more than 1169.2 million yuan.
In the process of case handling, because money laundering crimes are relatively rare, there is no unified sentencing guideline, and there is no clear amount standard for how to determine "serious circumstances". The Jiaojiang District Procuratorate has held several departmental meetings to discuss and pre-litigate to discuss convictions and sentencing. Discuss the application of the law, ask the superior court for instructions in time, and propose precise sentencing.
On April 9, 2020, the Procuratorate of Jiaojiang District, Taizhou City, prosecuted Tao for money laundering.
Link to Articles of Law:
[Money Laundering Crime] Article 191 of the Criminal Law of the People’s Republic of China Knowing that is a drug crime, organized crime of the underworld nature, terrorist activity crime, smuggling crime, corruption and bribery crime, destruction of financial management The proceeds of order crimes and financial fraud crimes and the proceeds generated by are to conceal or conceal their source and nature . If one of the following acts is committed, the proceeds of the above crimes and the proceeds generated shall be confiscated and sentenced to not more than five years in prison Or criminal detention, and a fine of 5% or more and less than 20% of the amount of money laundering concurrently or separately; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and the amount of money laundering shall be fined at least 5% and 2% Penalties less than ten:
(1) provides a fund account;
(2) assists in the conversion of property into cash, financial instruments, and securities;
(3) assists in the transfer of funds through transfer or other settlement methods;
( Four) assists in remittance of funds abroad;
(5) uses other methods to conceal or conceal the source and nature of the proceeds of crime and the proceeds.
If a unit commits the crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and the person in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
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