Under the guise of offering free exclusive game features, criminals lured gamers to scan a QR code, which then triggered a warning page stating that their account had been blocked. The victims were informed that they had to pay a fee within half an hour to unblock the account, or they would face permanent account suspension and their parents would risk imprisonment. This flawed fraud successfully deceived numerous minors, accumulating over RMB 50,000. How do we identify complicated fraudulent means? How to guarantee the cyber security of minors?

[Case Review]

When Yang Yang (pseudonym), a 13-year-old, was browsing information related to a game on his phone, he came across a message at the bottom of the game¡¯s homepage stating that he would receive free exclusive game features for the ¡°Mini World¡± game by adding on WeChat. Yang Yang could not wait to add on Cai¡¯s Wechat, and scanned the QR code to claim the game feature. Unexpectedly, a warning page appeared, stating, ¡°This confirmation for the claim has encountered an issue due to anomalies in this WeChat account, resulting in a scanning error. Your account is suspected of illegally acquiring game features. If you do not lift the ban within 30 minutes, your account will be locked, and a fine of RMB 20,000 will be imposed, along with a two-year imprisonment for your parents.¡± Frightened by this ridiculous warning, Yang Yang resorted to Cai for help. Cai explained that the phone¡¯s youth addiction prevention setting was activated and that he needed to contact a specialist to remove the restriction, urging Yang Yang to add on Hong¡¯s WeChat and emphasizing that this should be done without the knowledge of his elders. Following Hong¡¯s instructions, Yang Yang, without his parents¡¯ knowledge, transferred over RMB 10,000 from his father¡¯s Alipay account to the account provided by Hong. Hong then immediately blocked Yang Yang.

In fact, both Cai and Hong were part of the same fraud gang. Between February and April 2022, this gang defrauded multiple children under the age of 13, totaling over RMB 50,000. After discovering the fraud, the victims¡¯ parents reported the case to the police, who apprehended the criminal gang in another province. Following a review, the prosecution authority initiated a public prosecution with the People¡¯s Court.

[Case Study]

Shanghai Qingpu District People's Court (hereinafter referred to as ¡°Qingpu District People's Court¡±) found that the defendants, Cai and Hong (with other gang members tried separately), with the intent of illegal possession, exploited social media platforms to target minors. Collaborating in roles, they lured these young and credulous individuals by offering free game equipment. Utilizing the uniform script and methods like video chats, they deceived multiple victims into using their parents¡¯ online payment accounts to transfer money under the guise of fees to ¡°unlock anti-addiction modes¡± among other pretexts, thereby illicitly profiting.

In summary, the People¡¯s Court sentenced the defendant Cai to three years and four months in prison for the crime of fraud, and imposed a fine of RMB 10,000; the defendant Hong was sentenced to three years and three months in prison for the crime of fraud, and also imposed a fine of RMB 10,000. Defendant Hong appealed the decision, but the appellate court rejected the appeal and upheld the original verdict.

I. There Are Many Online Fraud Tricks. Be Vigilant Not To Be Deceived

The equipment, game features and other props in virtual games have a strong appeal to many minors. Criminals adopt targeted fraudulent methods such as offering ¡°free game features¡± for joining groups. Minors, with their limited ability to discern deception, are particularly vulnerable and easily fall prey to such frauds.

In this case, minors were specifically targeted for online fraud through short videos and social platforms. The defendants exploited the characteristics of minors, such as their naivety, immature judgment, and weak discernment, making them easily susceptible to deception. They capitalized on minors¡¯ love for gaming, their lack of funds for in-game purchases, and their desire to show off. Using the pretext of receiving free game features, they induced minors to pay various fees, such as the so-called ¡°unblocking fee¡± and ¡°service charge¡±, by using their elders¡¯ mobile phones. 

Additionally, they understood some minors¡¯ rebellious tendencies and encouraged them to conceal these actions from their parents, thereby achieving their criminal objectives without being detected. This not only leads to difficulties in ensuring the financial security of the minors¡¯ families but also imposes long-term psychological stress on the victims, adversely affecting their mental health.

II. Social Supervision Builds A Defense Line, and Safety Risks Are Kept in Mind

Telecommunication fraud tricks are constantly evolving, and middle and elementary school students, who typically lack the ability to identify risks and awareness of prevention, are susceptible to scams due to curiosity, playfulness, or gullibility.

In navigating the online world, it is crucial for minors and their parents to remember not to communicate extensively with unknown accounts, to refrain from disclosing personal information, to avoid scanning unknown QR codes, and not to conduct transactions or top-ups without caution. They should also be skeptical of offers that claim ¡°free gifts¡± or ¡°substantial rebates¡±. Additionally, parents should closely monitor their children¡¯s use of smartphones, computers, and other electronic devices, promptly removing any software that could harm or affect their physical and mental health. Parents must also secure their mobile phones, debit cards, and payment passwords carefully.

Moreover, social platforms should not only guide minors in proper social conduct but also establish robust systems to prevent other users from sending inappropriate content to minors via these platforms. Game platforms need to enhance their information publishing and review mechanisms and strengthen safety tools such as real-name verification, transaction validation, risk warnings, and transaction limits.

[Representative Comments]

Xu Yulan, Deputy to the Shanghai Municipal People¡¯s Congress and Principal of Qingpu Jiahe Primary School

With the popularization of the Internet and mobile communication technologies, new forms of crimes such as online fraud and telecommunication fraud have spread rapidly. Some criminals use the guise of ¡°paying to lift anti-addiction¡± to extend the tentacles of crimes to minors. And minors often tend to trust others, which undoubtedly allows the lawbreakers to conduct targeted frauds.

It is the common responsibility of the whole society to care for the healthy growth of minors. The state, society, schools and families should strengthen anti-fraud education for minors, tell fraud cases, inculcate fraud prevention knowledge, guide children to pay attention to prevention, help them establish a correct view of network security, and improve the awareness and ability of self-protection of minors. The judgment of this case in accordance with the law severely punishes the criminal acts committed against minors, forming an effective legal deterrent. At the same time, it attracts the attention of society, schools and families to guide minors to establish fraud prevention awareness and fully protect their legitimate rights and interests.

[Relevant Laws]

Criminal Law of the People¡¯s Republic of China

Article 266: Anyone who commits fraud by deceiving others to obtain public or private property, and the amount involved is significant, shall be sentenced to fixed-term imprisonment for less than three years, criminal detention, or control, and may also be fined or only fined. If the amount involved is huge or there are other serious circumstances, the offender shall be sentenced to imprisonment of more than three years but less than ten years, and shall also be fined. If the amount involved is exceptionally huge or there are other particularly serious circumstances, the offender shall be sentenced to imprisonment of more than ten years or life imprisonment, and shall also be fined or have their property confiscated. Where this Law has other provisions, such provisions shall prevail.

(Case prepared by: Huang Jie and Cui Binyu of Qingpu District People¡¯s Court)