Special Disclaimer: This article is an original work by Attorney Shao Shiwei. It represents only the personal views of the author and does not constitute legal consultation or legal advice on specific matters. For article reprints, legal consultations, or business exchanges, please add: sswls66
A few days ago, our team received a consultation from a university student as follows:
The two WeChat Moments posts shown above are both advertisements for daily-paid part-time job recruitment.
In the first image, the job description states: “Used for corporate tax avoidance and streamer tax avoidance.”
In the second image, the job description states: “Purchasing electronic products on behalf of others.”
The part-time work described in these two advertisements appears to be safe, profitable, and easy.
University students, who are inexperienced in society and hope to earn money through part-time work, upon seeing such information, often do not feel suspicious. Consequently, they become the most precisely targeted group for criminal syndicates committing the crime of aiding information network criminal activities (hereinafter referred to as the “Crime of Aiding Information Network Criminal Activities”).
In essence, in the first image, helping others avoid taxes is merely a pretext. As can be seen from the [requirements] described, the part-timer is required to hold their bank card and, with the assistance of staff, complete a face-scanning transfer in person. Afterward, the part-timer can receive a remuneration of 500–1,000 yuan.
In the second image, the staff may explain that they are sales personnel for the electronics store and, due to performance pressure, hope the part-timer will help facilitate transfers merely as a formality to boost sales figures. This explanation may seem reasonable. However, regardless of the reason given, the requirement is for the part-timer to use their own bank card to operate the inflow and outflow of funds belonging to others.
Since the “Card Breaking” campaign launched in October 2020, the number of cases prosecuted by procuratorial organs involving suspected crimes of aiding information network criminal activities has been rising rapidly. Currently, it has become thethird most prosecutedcharge among various types of criminal offenses.
However, if one is not sufficiently familiar with the behavioral patterns constituting the Crime of Aiding Information Network Criminal Activities as prescribed in the Criminal Law of the People’s Republic of China, lacks sufficient vigilance, and desires to “make quick money,” one can easily be exploited by criminal syndicates involved in this crime and become part of the “money laundering runners” (also known as “paofen” personnel).
Even some lawyer colleagues who do not frequently handle criminal cases have asked me why anyone would help others transfer bank funds. Are these individuals all extremely poor, taking such risks (for a few hundred yuan in benefits)?
Not necessarily. Some individuals may genuinely intend only to earn some pocket money. However, acts involving the Crime of Aiding Information Network Criminal Activities can manifest in various forms. For example, in a case previously handled by the author, the defendant (the son of a family-owned enterprise) was introduced by a friend to download a certain APP. The friend told him that by binding his
bank card and completing a series of processes including daily deposits and fund transfers, he could obtain profits. Ultimately, the defendant was sentenced to six months of fixed-term imprisonment for committing the Crime of Aiding Information Network Criminal Activities.
As for the university student who sought consultation in the images above, he was somewhat cautious and had the awareness to consult a lawyer. He also avoided corresponding risks because he had forgotten to bring his identity card.
Conclusion:
Violating criminal law due to a lack of preventive awareness, a mindset of relying on luck, and greed for petty gains is truly not worth the cost. Pies do not fall from the sky.Judicial authorities will not refrain from finding a party suspect of committing this crime merely because the actor “did not profit” or “only obtained small benefits.” The probability of such defenses being accepted is negligible.。
Therefore, if others indicate that they wish to use your identity documents, bank cards, or other personal information, you must remain highly vigilant and decisively refuse.
