1. If knowing in advance is used for telecommunication network fraud, online gambling and other crimes, and it also provides services such as "running points", then it will be determined in the trial that together with the principal of fraud, it will constitute the crime of fraud, the crime of opening a casino and other crimes.
2. In order to prevent a single collection account from being banned, some platforms or users who run away from the account will purchase or borrow other people's credit cards in large quantities for running away from the account. At this time, the judicial authorities think that this behavior belongs to illegal possession of other people's credit cards, that is, they hold other people's credit cards for lack of legal basis, and a large number (more than five according to the judicial interpretation) is deemed as the crime of obstructing credit card management. Whoever, under any of the following circumstances, obstructs the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 1, yuan but not more than 1, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years, and shall also be fined not less than 2, yuan but not more than 2, yuan:
(1) Holding and transporting a large number of counterfeit credit cards while knowing that they are counterfeit credit cards, or holding and transporting a large number of them while knowing that they are counterfeit blank credit cards (judicial interpretation stipulates that there are more than 1 credit cards);
(2) illegally holding other people's credit cards in a large number (judicial interpretation stipulates more than five);
(3) fraudulently obtaining a credit card by using false identification;
(4) selling, buying or providing others with forged credit cards or obtaining credit cards by fraudulent identification.
3. If you don't know in advance that you didn't participate in the upstream crime, but you know afterwards that it is the illegal money of fraud and other crimes, and you provide the "running away" business, it constitutes a cover-up of the crime. That is, those who knowingly conceal, transfer, purchase, sell on their behalf or cover up or conceal by other means are to be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined (involving a capital flow of not more than 1,); If the circumstances are serious (involving more than 1, funds, concealing or concealing the proceeds from crime for more than ten times or three times and the total value reaches more than 5, yuan), he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Legal basis
Article 191 of the Criminal Law of the People's Republic of China, the crime of money laundering covers up and conceals the income from drug crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, crimes of corruption and bribery, crimes of disrupting financial management order and financial fraud, and the source and nature of the income generated. Whoever commits any of the following acts, the income from the above crimes and the income generated therefrom shall be confiscated and sentenced to fixed-term imprisonment of not more than five years. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined:
(1) providing a capital account;
(2) converting property into cash, financial bills or securities;
(3) transferring funds by transfer or other payment and settlement methods;
(4) transferring assets across borders;
(5) concealing or concealing the source and nature of criminal gains and their proceeds by other means.
if a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.