[Shanghai First Intermediate People's Court Clarifies Criminal Liability for Telecom Fraud Traffic Drivers, Principal Offender Sentenced to 13 Years]
On August 18, the Shanghai First Intermediate People's Court announced a case involving telecom network fraud with virtual currency settlements, clarifying the criteria for determining the complicity of traffic drivers in telecom fraud. The defendant in the case assisted an overseas fraud organization in conducting traffic-driving activities, resulting in victims being defrauded of over 2.34 million yuan. The principal offender was sentenced to 13 years in prison and fined 300,000 yuan.
The Shanghai First Intermediate People's Court stated that whether traffic drivers constitute accomplices to fraud or the crime of illegally using information networks depends on whether they formed a criminal intent connection and stable collaborative division of labor with upstream fraud groups. Judicial practice should comprehensively consider the role of traffic drivers in the criminal chain, their profit methods, and abnormal behaviors, distinguishing general network services from conspiratorial fraud activities.
