How to convict employees of fraud gangs

Fraud gang refers to a criminal organization in which a group of people obtain other people's property by illegal means. In a fraud gang, each member will play different roles, such as fraud planning, fraud implementation, fund transfer and so on. Therefore, each member is convicted in a different way. The following are some conviction methods commonly used by members of fraud gangs:

1. Fraud planner: The fraud planner is the leader of the fraud gang. They usually make fraud plans, arrange perpetrators and assign tasks. According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the fraud planner's behavior has constituted the crime of fraud and should be convicted and punished.

2. Fraud implementers: Fraud implementers are the main criminals in fraud gangs, and they usually commit fraud by telephone, SMS, Internet, etc. According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the fraudster's behavior has constituted the crime of fraud and should be convicted and punished.

3. Transferor of funds: Transferors of funds play an important role in fraud gangs, and they usually transfer fraudulent proceeds to other accounts by means of false transfer and remittance. According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the behavior of the remitter has constituted the crime of money laundering and should be convicted and punished.

In short, the conviction method of fraud gang members depends on their roles and behaviors in the gang, but no matter what role they play, as long as their behavior constitutes a crime, they should be convicted and punished with corresponding charges.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 148 If a party causes the other party to commit a civil juristic act against its true meaning by fraudulent means, the aggrieved party has the right to request the people's court or an arbitration institution to cancel it.

Article 149 If a third party commits a civil juristic act against its true meaning due to fraud, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.

Article 150 If one party or a third party coerces the other party to carry out a civil legal act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to cancel it.

Criminal law of the people's Republic of China

Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

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.

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; 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 ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.