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        China Orient Intensively Conducts Anti-money Laundering Campaigns: Anti-money Laundering Warning Cases (I)

        According to the unified arrangements and requirements for related work of the Business Management Department of the People's Bank of China, China Orient intensively propagandas the anti-money laundering for 2020 in July this year, made more efforts to offer the propaganda and education on anti-money laundering, and advanced anti-money laundering work towards in-depth so as to contribute its efforts for effectively curbing the money laundering crime and practically maintaining economic and financial security as well as social stability. We will, this time, select the cases that involve anti-money laundering published by China Judgments Online (wenshu.court.gov.cn) and give a warning of their harm and consequences through case study so as to raise the public's vigilance and ability to identify the criminal activities of money laundering.

        Case I: Assisting the Transfer of Illegally Raised Funds for the Purpose of Money Laundering

        Result of case judgment

        According to the announcement on China Judgments Online in June 2020, the Hangzhou Intermediate People's Court of Zhejiang Province judged a case of assisting the transfer of illegally raised funds for the purpose of money laundering. According to Article 191 of the Criminal Law of the People's Republic of China and other provisions, Lei was sentenced to a fixed-term imprisonment of three years and six months and a fine of RMB 3.6 million and the defendant Li Sheng was sentenced to a fixed-term imprisonment of three years and a fine of RMB 1.7 million.

        Money laundering process and method

        In February 2017, although Lei and Li knew well that Zhu raised funds for the purpose of cheating and illegally absorbing public savings, they still provided several bank cards of their own to Zhu for receiving the illegally raised funds. During the period from June 2017 to January 2018, in order to obtain a gratuity of RMB 10,000 per month, both Lei and Li assisted Luo, who was punished in separate action, in transferring illegally raised funds at banks and by means of withdrawal and deposit on the same counter (in order to avoid leaving any mark in the transfer among bank cards, Lei and Li successively withdrew and deposited cash on the same counter of a bank through collaboration), withdrawal and transfer, etc.

        Case II: Cheating and Money Laundering

        Result of case judgement

        According to the announcement on China Judgments Online in June 2020, the Baoding Intermediate People’s Court of Hebei Province made the second trial verdict against the fraud crime committed by Huang. Huang, as the appellant, believed that he was not the organizer and planner of the crime in the case (see the text below for details) and shall be treated as an accomplice. Huang also requested the court of the second instance to be given probation as he admitted guilt and punishment and actively compensated for the loss caused by the crime, and thought he was only a first offender and casual offender and the original sentence was too heavy. The Baoding Intermediate People's Court held that the appellant Huang still actively participated in money laundering and transport although he knew well the act of Huang was a telecom fraud and he had committed a crime of fraud since the fraud involved a huge amount of money. The appellant Huang got active involved in criminal activities; his participation in money laundering and transporting the illicit money was a key link in telecommunication fraud. He would not be recognized as an accomplice in accordance with law as he did not play a supplementary role in the crime. So, his ground for appealing to be treated as an accomplice was unsustainable and shall not be adopted. In accordance with Article 236 of the Criminal Procedure Law of the People's Republic of China, his appeal was rejected and the original sentence was upheld. So, Huang was finally sentenced to a fixed-term imprisonment of four years and a fine of RMB 20,000.

        Money laundering process and method

        On October 16, 2018, for the purpose of telecommunications fraud, Fang contacted the defendant Huang via Zeng, who had been judged, to launder and transport the illicit money he got through fraud. Although Huang knew well that he was conducting fraud, he still purchased from Wang and via others the four-in-one suites (including ID card copies, bank cards, mobile phone cards and UKEYs) of seven people including Wu, who had been judged. On October 17, 2018, Fang cheated Qiu out of RMB 269,000 for ordering mattresses by pretending to be a fire officer online. Part of the money had been transferred to the online gambling platform by Huang and others. The cash was withdrawn after it was transferred several times and sent to Fang by Huang by car. 

        (The cases mentioned this time are quoted from China Judgments Online)

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