If there is a "prior conspiracy" with the person who commits the crime of telecommunications network fraud or "knowingly" that others are committing the crime of telecommunications network fraud, and the act of helping to withdraw or transfer stolen money is suspected of fraud, and If you just "knowingly" know that the money involved in the case is illegal and criminal proceeds, and help cash out, withdraw cash, etc. to transfer the stolen money, you will be committing the crime of covering up and concealing the criminal proceeds. In addition, if the withdrawer does not know that he is transferring stolen money, it does not constitute a crime.

Whether there is "prior conspiracy" and whether it is "knowingly known" are important criteria for distinguishing the crime of fraud from the crime of covering up or concealing criminal proceeds.

The "Opinions on Several Issues Concerning the Application of Laws in the Handling of Telecommunications Network Fraud and Other Criminal Cases" (hereinafter referred to as the "Opinions") issued by the Two High Schools and the First Department clearly stipulates: "Knowingly that the proceeds from the crime of telecommunications and network fraud and the income generated therefrom" , who transfers, cashes out, or withdraws cash in any of the following ways, shall be held criminally responsible for the crime of concealing or concealing criminal proceeds or proceeds of crime in accordance with the provisions of Article 312, Paragraph 1, of the Criminal Law. However, there is evidence to prove that it is not true. Except for those who know:

1. Assisting others to convert or transfer property through illegal means such as using point-of-sale terminals (POS machines) to cash out;

2. Deposited in multiple bank accounts, or frequently transferred between different bank accounts;

3. Use multiple credit cards, fund payment settlement accounts or multiple accounts opened with non-identity certificates. Using abnormal means such as covering cameras and disguises to help others transfer, cash out, and withdraw cash for the first time;

4. After providing others with credit cards and fund payment settlement accounts that are not opened with their own identity certificates, they then help others transfer, Cashing out or withdrawing cash; 5. Anyone who commits the above acts by recharging mobile phones, trading game points, etc. at a price that is obviously different from the market will be punished as a criminal. ”

Considering that it is difficult for the court to determine whether there is a "prior conspiracy" between the person who helped the withdrawal and the person who committed the fraud when hearing cases related to telecommunications network fraud, in order to increase the intensity of the crackdown, the "Opinions" also The behavior of "knowingly knowing that others are committing telecommunications and network fraud crimes, and helping to transfer the proceeds of the fraud crime and the income generated, cash out, and withdraw cash" is also classified as a fraud offender. That is to say, in addition to "prior conspiracy", it also includes "knowingly". Unlike "prior conspiracy" which requires two-way or multi-way communication, "knowingly" only requires that the perpetrator knows or should know unilaterally. .