“Thief” found, but no one reported “lost item”?The prosecutor has a trick up his sleeve

2022-06-24 0 By

Ren Is sharing his experience in handling cases.The rapid development and evolution of cyber crime is posing new challenges for those who handle it, which is considered the “ultimate challenge”.But for Ren Chendu, director of the Third Procuratorial Department of the Chongchuan District Procuratorate in Nantong city, Jiangsu Province, dealing with such a formidable “opponent” was nothing new.In August 2021, the book “Cybercrime Handling Manual” was released.Ren Zhuru, one of the authors, showed to the public the ideas he summarized from numerous “strange and difficult” online financial crime cases in the past years, and also integrated into the thinking and solution of the difficulties and doubts in online crime cases, but ren Zhuru did not write those wonderful case stories are more ups and downs.Found 1 “thieves”, but no one reported “losing things” for any retained in 2016 for “fang” making the network financial fraud cases, not only for his career of the first cases of “pure” cyber crime, more important is that he found in the process of case to deal with the ideas and methods of general Internet fraud crime.In April 2015, four people, including Wang Xiaohu and Wang Jintao, carried out online fraud in Malaysia by using fake financial websites such as “Shaofang”.Wang Xiaohu is mainly responsible for the establishment and maintenance of the website, answering customer service calls and transferring the victims’ investment funds, while Wang Jintao is responsible for the online customer service chat of the website. The other two are respectively responsible for transferring the victims’ investment funds and logistics support.To the case, the four suspects confessed to profit from fraud in the amount of more than 8 million yuan, according to the evidence that has been mastered at that time, the public security organs preliminary confirmed that the amount of the victim to the case is only more than 1 million yuan.In other words, the victims who have come to the case are just the tip of the iceberg. A large number of potential victims have not come to the case, and the amount of fraud is difficult to correspond with the existing evidence.In September 2016, Ren Reviewed and prosecuted the case according to law.At that time, he was still a “rookie” in cyber crime cases, facing this difficult problem, he felt very difficult, “ordinary criminal cases pay attention to the consistency of oral confession and physical evidence, the suspect’s confession, the victim’s testimony and objective evidence to form evidence chain.In cyber crime cases, it is often difficult to do so.Secondly, the public security organs have seized part of the stolen money, if the amount of crime cannot be accurately identified, not only ineffective to fight against crime, the victim withdrawal loss also has a great impact.In this case, the suspect put the server in a foreign country, the crime tools at the time of the computer, mobile phone have been destroyed and discarded, want to accurately find the victim’s information, money transfer flow has lost the opportunity.Ren Was not discouraged, and he began to seek a second plan: “If there is no evidence collected abroad, can we make up for it domestically?”He repeatedly met with public security investigators, repeatedly looked at a large number of bank cards involved in the flow data, learned that many victims registered website members to pass SMS verification, and SMS verification code platform in China.After finding a breakthrough, any retention of reasoning down SMS records, the formation of a bold idea in my mind: if there is a SMS trigger record, it shows that there is a successful registration, and the successful registration of the member is likely to be the victim of investment was cheated.Trigger records through SMS, ren Retained to find the victim’s mobile phone number, and along the mobile phone number successfully found the bank flow.However, the evidence loop is still missing key victim statements.It is like a thief admitting to stealing and finding the stolen goods, but no one reports the theft.This puts Ren In a difficult position again.”In reality, theft crimes are generally determined on the basis of the victim’s arrival, so can’t similar crimes in the virtual world be determined as well?Can the amount of the crime be determined based on the confession and the bank statements already found?”To this end, Ren has searched a number of laws, regulations and judicial cases, but found no clear evidence.After repeated research and comprehensive review of the whole case with colleagues in the case team, Ren Zhurun boldly proposed that since the suspect had made a confession, and the bank statement in the electronic data could be mutually verified, the amount of the crime could still be determined according to the existing evidence even if all the victims could not be verified.Ren’s opinion was supported by the court’s judgment.In December 2016, four people, including Wang Xiaohu, were sentenced to prison terms ranging from nine years and nine months to 13 years and fined for fraud.The defendant punished the crime, and the victim’s loss was recovered to the maximum extent.Shortly after the end of the case, the “two high one” issued “opinions on the application of law in criminal cases such as telecommunications and network fraud”, which is about the victim due to numerous objective conditions such as limitations, unable to collect the victim statement one by one, the amount of crime identification standards, and ren Retained the point of view is completely consistent.At the time, Ren was seen as having “prophetic magic” — finding the best solution to a case without a clear judicial explanation.For this statement, Ren Retained but felt that some exaggerated, “rather than divine skills, it is better to understand the spirit of criminal law, study the changes of the law, insight into the social and economic development background behind the case, combined with their own legal skills, to make a reasonable discretion and judgment of the case”.In recent years, the case of Xu Dahong and 36 others infringing on citizens’ personal information handled by Ren Was rated as the typical case of Jiangsu Procuratorial Organs protecting people’s livelihood in 2017, and the case of Cui Guoguo and others illegally absorbing public deposits involving more than 2.6 billion yuan was written into the work report of Jiangsu Procuratorate.Handle huang Yang to use “ant flower bai” fraud case by CCTV special report.If the financial fraud case of “Shaofang” is the “whetstone” for Ren Zuan to practice his internal skills, the fraud case of “Tmall Points” makes Ren zuan keenly notice the close connection between cyber crime and the development of Internet economy, thus opening up the pattern of his case handling.In 2017, a special case made Ren feel the undercurrent surging behind online shopping.At that time, lawless Lu Jiong and others used tmall points preferential activities, using a batch of fictitious new user identity, by buying from selling to cash in Tmall points.Civil dispute or criminal offence?At the beginning of the case, the public security organs were divided.As procuratorial personnel handling cases, Ren Retained invited to intervene in advance.Lu Jiong and others involved in the means to obtain money without legitimate legal basis, but how to qualitative, ren Retained between uncertain.Ren zhurun consulted a large number of materials and proposed that the main suspects, Lu Jiong and others, constituted the crime of fraud rather than “unjust enrichment” in civil relations, which was accepted by the public security organs.According to the opinion of The retention of the public security organs to successfully complete the investigation and evidence collection work, Lu Jiong and others using the way of brush integral fraud cat company nearly 7 million truth surfaced.The case was rated as one of the top ten typical cases of legal supervision by jiangsu Procuratorate, and was released to the public as a typical case of protecting private economy by Jiangsu Procuratorate.After the completion of the “Tmall Points” fraud case, Ren Shou rose to fame and became a star in the field of cyber crime.Chongchuan District Procuratorate also set up a professional case handling team for financial network crimes soon after, and appointed Ren Zhurun as the head of the team.For the term retained, however, is the focus of the next working train of thought of optimization, “we should accelerate the transformation from legal knowledge to the network knowledge, a heavier division is responsible for the weight reciprocal transformation, from sitting on the judgment seat case to experience case, review from passive to active verification shift, from individual soldiers to shift operations team”.As the head of the case team, Ren Always takes the initiative to think about all aspects of the financial network crime prosecution work, “professional” is the word he talks most.Once, Ren Retained in the early intervention stage and the public security case officers to a corporate headquarters evidence.When he walked into the corporate headquarters, his heart was in shock.There are not only a large number of security technical team elite, the data and technical support provided by many procuratorial organs in the handling of the problem.He thought that if we can learn from and cooperate with these experts, the quality and efficiency of the prosecution will be greatly improved.Under Ren’s proposal, chongchuan District Procuratorate led the establishment of the first financial cyber crime research base in Jiangsu Province in August 2018. Senior security experts and several legal experts of the company were employed as members of the academic committee and technical committee.With the high quality platform and technology support of the base, Renzhuanhe case team began to multiply the results of case handling and integrate them into social governance work.In recent years, they deal with the more typical case successively as the highest inspection telecom network fraud cases, the procuratorial organs legal supervision of jiangsu province, Internet ten judicial innovation cases of typical cases and was named to the justice department interpretation case by case, written by financial network crime investigation reports, typical cases, and white paper, also became the local party committee government the important basis of network crime.Ren (third from left) is talking with a colleague about a gang fraud.The “Internet economy” and the “new economy” are sweeping in, bringing with them “negative products” of cyber crimes.”People enjoy the convenience brought by the ‘new economy’, but often fall into the ‘new’ trap because they don’t know the law,” Ren Found.So, fighting crime through professional criminal cases is one thing, but how to let people know what not to do online is also very important.”In dealing with a network fraud case, ren Retained awareness of the law is more intense.”Their own TWO-DIMENSIONAL code can not provide, unknown source of two-dimensional code can not sweep, otherwise not only money will be lost, but also may be involved in crime.””As long as grandparents can listen to one or two words and guide them to manage their money properly, as long as we can reduce the amount of illegal finance, our work will not be in vain,” ren said.In April 2021, Chongchuan District Procuratorate led the postal, public security, street and Express industry associations to hold a special publicity activity named “Nantong Post and Delivery Industry” Joint Promotion Meeting and Prevention of Telecom and Network Fraud “, which was also initiated by Ren’s suggestions.In the process of handling the case, he found that a number of bank card packages involved in the case were transferred through the way of mailing, so combined with the actual development of the proposal, hoping to appeal to the city’s mailing enterprises to strictly implement the acceptance inspection system.”In the future, the black and gray industry associated with network financial crimes will be the focus of research and attack, which puts forward higher requirements for us.”Ren was directing his team at the electronic data lab to extract and analyze data.The electronic data laboratory is well equipped with data recovery and preliminary analysis functions.Ren enjoys watching the flood of data flowing across the screen: he is always stoked by a career that demands so much brain and patience.Cybercrime, after all, is moving so fast that it is catching up every minute.(The names of the people involved in the article are pseudonyms.This article was originally published by fangyuanmagazine. Please mark the author in a prominent position and indicate the source :fangyuanmagazine.Editor | Xiao Lingyan House Jia Jia Design | Liu Yanwen | Ge Mingliang