If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. According to the law, the crime of helping information network criminal activities refers to the act of knowing that others provide Internet access, server hosting, network storage, communication transmission and other technical support. Commit crimes for them, or provide assistance in advertising promotion, payment and settlement. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. Interpretation of the crime of helping information network criminal activities Knowing that others use information network to commit crimes and provide assistance for them to commit crimes, in any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 287 bis of the Criminal Law: (1) Providing assistance to more than three objects; (two) the payment and settlement amount is more than two hundred thousand yuan; (three) the use of advertising to provide funds of more than fifty thousand yuan; (four) the illegal income of more than ten thousand yuan; (5) Having received administrative punishment for illegally using information network, helping information network criminal activities, endangering the security of computer information system, and helping information network criminal activities within two years; (six) the crime committed by the object of assistance has caused serious consequences; (7) Other serious circumstances. Due to the limitation of objective conditions, it is really impossible to verify whether the assisted object has reached the level of crime, but the relevant amount has reached more than five times the standard specified in items 2 to 4 of the preceding paragraph, or it has caused particularly serious consequences, so as to help the perpetrator to be investigated for criminal responsibility for the crime of information network crime.

In 20 16, the People's Bank of China issued the Implementation Plan for Special Remediation of Risks of Non-bank Payment Institutions (Yinfa [2065 438+06] 165 438+02) and the Notice on Strengthening Payment and Settlement Management to Prevent New Crimes in Telecommunication Networks (Yinfa [2016) Since then, third-party payment platforms such as Alipay and WeChat no longer become direct payment channels in gambling sites, and the industrial chain of illegal fourth-party payment platforms came into being.

(A) the definition of the fourth-party payment platform

Illegal fourth-party payment platform is an online payment platform between third-party payment and merchants. Without obtaining a payment and settlement license, a large number of fake merchants or individual payment accounts are registered by "grafting" regular and licensed third-party payment platforms (such as WeChat and Alipay) or banks, and a "comprehensive payment and settlement channel" is illegally built by technical means. Its main business is to provide collection and settlement for online gambling, telecom fraud and illegal futures platforms.

(B) Sub-platform operation mode

1. The user provides the QR code for payment.

Running sub-platform is an illegal fourth-party payment platform. To register as a user, you need to provide a personal payment code and pay a deposit to the platform. The running sub-platform uses these QR codes to collect money. Whenever the user receives a sum of money, the corresponding deposit will be relatively reduced, thus completing the "running off the platform" action of one in and one out. The so-called "running points" means using the user's QR code to collect money for others and earn commissions. Therefore, a large number of users' personal accounts have become channels for money laundering and black ash production.

2. Closed loop of platform scheduling and capital flow

Illegal online payment platform gangs form a closed-loop capital flow path of "gamblers-platform members-running platforms-overseas gambling sites". The monthly capital involved is as high as 200 million yuan. When a gambler logs in overseas gambling sites and needs to recharge his gambling funds, overseas gambling sites will push the recharge information to the "running sub-platform". The running sub-platform will adopt a similar mechanism to send orders to the network car, and issue orders for capital circulation on the platform. Registered members of "Running Sub-platform" can grab orders. When the members successfully grab the order, the gambler's gambling money will be transferred to the platform members, who will transfer the gambling money to the designated account according to the instructions of the gang, and finally flow to overseas gambling sites through complex trading links.

3. Collect commissions and develop offline and layer-by-layer distribution.

Overseas gambling sites will return 2.5- 10% of each fund to the platform, and the platform will return 1-2% to the registered members of the platform. Finally, the platform will make a profit by earning the commission difference.

Running a sub-platform to develop members is carried out in the form of similar network pyramid schemes. Introducers (also known as code dealers) are the superiors of members, and developing members can earn a corresponding percentage of commissions. They usually recruit people who are willing to provide personal payment codes in the form of various WeChat groups and QQ group advertisements. At present, the running sub-platform supports various QR codes such as WeChat, Alipay, Bank Card and China UnionPay Express.