The Chaoyang Intermediate People's Court accepted a criminal appeal case for aiding information network criminal activities

Article 287-2 of the Criminal Law stipulates that the crime of aiding information network criminal activities refers to providing Internet access, server hosting, network storage, communication transmission, or other technical support for their crimes, or providing assistance such as advertising and promotion, payment and settlement, knowing that others are using information networks to commit crimes, and the circumstances are serious, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine.

Recently, the Chaoyang Intermediate People's Court accepted a criminal appeal case, the appellant was dissatisfied with a district people's court to help information network criminal activities sentenced to three months of probation and a fine of 5,000 yuan, the appellant is a bookkeeping agency company in Shanghai to provide related services for enterprises, after helping a company to transfer, the actual controller defrauded a company of 2 million yuan through telecommunications fraud, the public security organs filed a case as a fraud case, but the procuratorate finally prosecuted in a letter case, The court of first instance sentenced the appellant to six months' imprisonment to criminal detention (suspended sentence) for the five defendants, and the appellant helped the client to transfer the company first, and the actual controller of the company committed fraud later, how could the appellant know that the company had committed fraud afterwards? Is it an uncertain prophet? However, the crime of aiding and believing must be to provide corresponding assistance knowing that others have committed crimes, which is a direct and intentional crime, and it is obvious that the appellant cannot have known that others committed crimes after the fact! It is recommended that the court handle this case carefully!