He helped a friend transfer 500,000 yuan and was convicted of money laundering!In addition, these operations can also become the “invisibility cloak” of money laundering. See……

2022-07-08 0 By

When we see the anti-money laundering these three words, many people may think that this is the plot of the movie and TV drama, and we have little to do with personal.But the opposite is true.Since March this year, the Three-year Action Plan on Combating money Laundering (2022-2024) jointly issued by 11 departments including the People’s Bank of China, the Ministry of Public Security, the State Supervisory Commission and the Supreme People’s Procuratorate has been fully implemented.Faced with the grim situation of money laundering crimes, the action plan requires all departments to jointly intensify efforts to punish crimes, curb the spread of money laundering and related crimes, and promote treatment at the source.At the same time, it stressed that the whole society should raise the awareness of anti-money laundering.So, what does anti-money laundering have to do with our life?According to CCTV finance and Economics recently reported that Wang Mou Xu, a citizen in Zibo, Shandong province, runs a small commodity trading company. His family had a pretty happy life.But because of helping a friend to transfer a bill, his life is completely changed.It all started two years ago.At that time, looking for Wang to transfer money is his friend Han Jun, the Han Jun is a local maternal and child health care hospital cadres.Wang said that one day Han came to him and said he wanted to use his bank card. At that time, he hesitated, but the relationship was good, and he gave han his bank card without much thought.In the afternoon, 500,000 YUAN was transferred from Wang’s bank account. Wang then transferred the 500,000 yuan to another account designated by Han according to Han’s request.He soon forgot about it.In 2021, Han mou Jun embezzlement and bribery incident.The fund flow traced by the case team shows that Han jun, in order to conceal the public, let the briber pay 500,000 yuan bribe to the account of his friend Wang Mou Xu, and then let Wang Mou Xu transfer to his wife Wang Mou account.The day after han was detained, his wife remitted the 500,000 won in U.S. dollars abroad.After confirming the bribe money, prosecutors on Han jun’s wife and Wang Xu together filed a money laundering indictment.Linzi District People’s Court of Zibo city believed that the defendant Wang Mou Xu knew that it was the income of others’ bribery crime, in order to conceal its source and nature, to help transfer funds through transfer, its behavior has constituted the crime of money laundering.Because of his surrender, he was sentenced to six months in prison, suspended for one year and fined 50,000 yuan.Zibo city of shandong province public security bureau branch of the road is the economic crime investigation brigade three squadron teng said: “when the other party puts forward to use his account to receive money, his understanding of the money should have a subjective judgment, but still help him implementation, to circumvent the relevant departments to investigate related crime, so he this behavior constitutes the money laundering.”What is money laundering?Understand: China’s criminal Law 191 provisions:Money laundering is indicate the known drug crimes, the underworld property organization crime and terrorism crime, smuggling, embezzlement and bribery crimes, destroy financial management order crime, financial fraud crime of illegal income and its proceeds to conceal, conceal its origin and nature of implementation of fund account, or to assist to convert property into cash, financial instruments, securities behavior.That is to say, the crime of money laundering is a downstream criminal act on the basis of seven types of upstream crimes, including drug, crime, terrorism, financial fraud, corruption, smuggling and destruction of financial management order. To cover up, conceal and transform the seven types of illegal income and legalize it in form is money laundering.In fact, in daily life, there are many people like Wang Mou Xu, lack of awareness and vigilance for the criminal behavior of money laundering, knowing that it is the crime of others, still provide help for the transfer.But after the murder, he denied that he knew.To this end, in 2009 the two high specifically made a clear judicial interpretation.In the case of not admitting subjective knowledge, the judicial organ can judge by integrating other abnormal evidence according to the rule of experience.Ruan Qilin, a professor at China University of Political Science and Law, said, “The judicial interpretation also makes a very strict provision that in one of the following cases, if there is no justifiable reason and it cannot be proved that it is indeed not the proceeds of crime, it can be regarded as knowingly laundering the proceeds of crime.One of them, that is to say, as a close relative of this particular person, or a close related person, to assist the transfer and his own state of assets expenditure is obviously not commensurate with the property, if there is no reasonable reason to explain, can be identified as knowing that this is illegal income, can be identified as the intent of money laundering.”In recent years, in order to strengthen the punishment of money laundering crime, the relevant legislation has also made significant adjustments.The amendment to criminal Law (xi) issued in March 2021 criminalizes “self-money laundering” for the first time. That is to say, if the upstream criminals conceal and conceal the source and nature of their criminal income after committing a crime, it also constitutes the crime of money laundering.Zheng Xinjian, director of the Fourth Procuratorial Office of the Supreme People’s Procuratorate, said: “The essence of the crime of money laundering is to cover up and conceal the source and nature of the criminal income. Once it is covered up and concealed, the illegal income will not be easy to be found, and the crime may be difficult to identify, so that he can escape criminal punishment and encourage the crime.”In practice, such as false brushing, debit cards, false invoices, etc., may become the “invisibility cloak” of money laundering behavior. It seems like “easy”, but it may let you “be jailed”.Only the whole society has the awareness of anti-money laundering, so that “crime” and “stolen goods” have no place to hide, in order to maintain national stability, social stability, more can be away from the risk of crime, protect themselves.National Business News is a comprehensive coverage of CCTV finance, CCTV news and China Youth Daily