Recently, the Jinan Intermediate People's Court finally concluded a case of illegal POS machine. The three defendants helped the customers to swipe their cards in order to earn a fee. The amount of cash in a month was 12.17 million yuan, and they were sentenced to six and a half years, six years and four and a half years by the court for illegal business operations.
After Jinan citizens Li Wei, Li Guanghua, and Zhu Feng accidentally learned about the function of the credit card, they suddenly wondered: Many credit card holders want to use cash, and credit card withdrawals are very high in major banks, generally in 2 % to 3%. If the cardholder is cashed in, the handling fee will be lower, and there will definitely be many customers, so as to earn the handling fee, it is also a small income. After the three people agreed, they jointly invested and purchased 6 POS machines. They rented two offices in Jingsan Road and Weiyi Road in Shizhong District, Jinan City, and started “businessâ€. They occasionally advertise in the media to attract customers.
Who knows that soon after the opening of business, the business will be on fire. Since the cash handling fee here is only 0.6% to 0.8%, which is much lower than the bank's handling fee, Li Wei's two offices almost every day customers. Li Wei and others used credit bureaus to help credit card holders swipe their cards and pay cash to the cardholders. In just one month, the cash amount reached 12.17 million yuan. After the mass report, the three defendants were arrested one after another.
Wang Limin, the court president of the Central District Court of Jinan City, said that the POS machine is a point-of-sale terminal settlement equipment frequently used by commodity sales or service units such as shopping malls and supermarkets. The settlement using a POS machine must be based on real transactions. If fictitious transactions, false prices, cash returns, etc. are used, the cash payment is directly paid to the credit card holder through settlement at the POS machine. If the circumstances are serious, it constitutes an illegal business operation. The criminal circumstances of Li Wei and other three people are fully consistent with the characteristics of such illegal business crimes.
Wang Limin said that from the perspective of judicial practice, there are mainly the following situations in which POS machines are used to cash out: some are for the owner to earn a fee; others are for criminals to use a false identity to handle credit cards at multiple banks, and find a cash company. "Using POS machines to swipe malicious overdrafts; there is also theft of other people's information to "clone" fake credit cards, and then scam cash on the POS machine. In either case, it violates the POS management regulations and seriously jeopardizes the safety of bank funds. As long as the circumstances are serious, it constitutes a crime.
"Card card" is a name for money
On September 25, the Han Yan fraud case, which was tried by the Central District Court of Jinan City, came into effect. The 28-year-old defendant Han Yan was sentenced to 14 years and 6 months in prison for committing fraud and fined 100,000 yuan. In this case, Han Yan was unable to carry out her fraud without the help of a POS machine.
Han Yan and his partner to do the "nurturing card" business is that when someone else's credit card expires and there is no money to repay, Han Yan will repay the cardholder and charge 1% interest every day. Soon, Han Yan "developed" 44 cards. However, such a high interest rate is not good to collect, Han Yan thought of using credit card management loopholes. One day, she found Han, who was operating a POS machine, saying that she had a “card-raising†business and needed to repay 200,000 yuan for the customer, which could give Han a 1% interest per day. As an old friend of Han Yan, Han found that Han Yan had hundreds of thousands of funds in and out every day, and he thought that Han Yan’s business was very good. Therefore, Hanmou deposited 200,000 yuan into the credit card designated by Han Yan. Han Yan also handed the card to Han as a mortgage, telling him that he can brush the money out in three days.
After Han completed the deposit, Han Yan immediately gave Han a 6,000 yuan interest. Who knows that three days later, when Han wanted to brush out the money on his credit card, he found that there was no money in the card. At this time, he contacted Han Yan and found that the other party always shut down. It turned out that Han Yan mortgaged the main card in Han, and Han Yan held the secondary card. After Han saved 200,000 yuan, Han Yan used the secondary card to brush all the money out of the POS machine and used it himself.
In this way, Han Yan fictionalized the fact that he was a "card-raising" business, and he needed funds for doing business. He used high interest rates as a bait, used false real estate licenses, and other people's credit cards as collaterals. In just three months, he defrauded four people. The funds reached 1.99 million yuan. In the end, because the debt collectors broke through the threshold every day, Han Yan often changed the mobile phone, and was always chased by the creditors. In desperation, she surrendered to the public security organs.
Wang Limin, who presided over the case, said that in this case, Han Yan first used the same features of the credit card's primary and secondary cards, using the credit card's main card as a mortgage, and borrowing money in the name of "nurturing cards." After the victim deposited the money into the main card, Han Yan took the deputy card to withdraw money. In this case, the POS machine became an important tool to help Han Yan fraud.
Supervision needs to be strengthened
Wang Limin said that with the development of modern technology, POS machines are more convenient to consume and consume, which brings convenience to people's production and life. However, while bringing convenience, it also provides opportunities for criminals. According to judicial practice, the use of POS machines for crimes is becoming more serious. These illegal and criminal acts not only disrupted the normal financial management order, but also infringed the bank's consumer credit funds and cardholder property. Therefore, it is worthy of high attention from relevant departments and cardholders.
Wang Limin said that the most common way to use POS crimes is to illegally cash out, use fake credit card cash, steal other people's credit card cash, use POS as a tool crime, and so on. For example, Wang, a citizen of Jinan who is engaged in private lending business, has created a company because he feels that the funds are not enough. He has published false job advertisements in many newspapers to defraud the applicants. Later, he used the applicant's ID card and the personal circumstances filled in at the time of the application, faked the name of the applicant, went to the major banks to apply for a bank credit card, and then cashed in on the POS machine. At the time of the incident, a total of more than 100 credit cards were handled, and more than 800,000 yuan were overdrawn.
In addition to this tangible POS crime, POS crimes committed using high-tech crimes are more worthy of attention. Wang Limin said that if Jinan citizen Wang Moumou was buying a POS machine, he was deceived unconsciously. After purchasing 4 POS machines, he passed the test machine and found that the account was quickly delivered, so he could use it with confidence. But later, customers can't always get their own credit card. After the incident, Wang Moumou was informed that the original three people selling POS machines were liar. They left the bank card sold to Wang's POS machine account, and handed the bank card that did not correspond to Wang. When Wang Moumou used the POS machine to test the machine, the three criminals transferred the amount of the card swiped to the account card of the bank card they obtained, and gained trust. Later, when Wang used four POS machines to allow customers to swipe their cards, the money went to the bank card account corresponding to the POS machine in the hands of the scammer.
Why are POS machines more and more crimes, and the amount is getting bigger and bigger? Wang Limin analyzed that it is an important factor for banks to issue credit cards. For commercial interests, many banks issue large numbers of credit cards. Sometimes I don't check the original ID card, I have a copy of my ID card, and I even apply for a credit card in batches. In addition, the application for the installation of the POS machine is not detailed. The merchants who do not meet the installation conditions are not subject to field visits. Only the formal examination of the submitted materials is carried out, causing some criminals to use false industrial and commercial business licenses and ID cards. The material successfully applied for a POS machine and engaged in illegal activities. Then there is a weak supervision of the POS machine, and there is a blind spot for supervision.
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