Selling gambling products is suspected of helping others to defraud. It refers to the act of defrauding large amounts of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. Therefore, cheating through gambling is an act of fraud. .
Legal Analysis
According to the provisions of the "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Several Issues Applicable to the Law in Handling Cases of Opening Casinos Using Gambling Machines" to provide to others For the purpose of opening a casino, in violation of state regulations, illegal production and sales of electronic game facilities and equipment with gambling functions such as refunding coins, points, and steel balls, or their special software, if the circumstances are serious, the provisions of Article 225 of the Criminal Law shall be followed , convicted and punished for the crime of illegal business operations. Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Gambling Cases" for the purpose of making profits and under any of the following circumstances shall fall under the category of "Gathering Gambling" stipulated in Article 303 of the Criminal Law (1) Organizing more than 3 people to gamble, and the cumulative amount of gambling profits reaches more than 5,000 yuan; (2) Organizing more than 3 people to gamble, and the cumulative amount of gambling money reaches more than 50,000 yuan; (3) Organizing more than 3 people to gamble, and participating in gambling The cumulative number of people reaches more than 20; (4) Organizing more than 10 citizens of the People's Republic of China and the People's Republic of China to gamble overseas and collecting kickbacks and introduction fees.
Article 2: Anyone who establishes a gambling website on a computer network for the purpose of profit, or acts as an agent for a gambling website to accept bets, falls under the category of "opening a casino" as stipulated in Article 303 of the Criminal Law.
Article 3 If citizens of the People's Republic of China gather to gamble or open casinos in surrounding areas outside the territory of our country, with the aim of attracting citizens of the People's Republic of China as the main source of customers, this constitutes a gambling crime. Criminal liability may be pursued in accordance with the provisions of the criminal law.
Legal Basis
Article 225 of the Criminal Law of the People's Republic of China and the People's Republic of China Violates national regulations, commits one of the following illegal business activities, disrupts market order, and the circumstances If the case is serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income. Or confiscate property: (1) Operating special items, monopoly items or other restricted items as prescribed by laws and administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other laws and administrative regulations. business license or approval document; (3) illegally operating securities, futures, and insurance businesses without approval from the relevant state authorities, or illegally engaging in fund payment and settlement business; (4) other illegal business activities that seriously disrupt market order .