As for telecom fraud,in general situation,the crime of fraud will be regarded as being completed as long as the victim remits money to the account designated by the perpetrator (if the victim is able to cancel the remittance or go to the bank to stop payment within 24 hours,the fraud is regarded as being completed after 24 hours). Where there is no conspiracy in advance about the fraud,the person who helps the principal withdraw money after the completion of fraud and before the substantial accomplishment of the crime cannot be regarded as an accomplice of the crime of fraud and can only be convicted of the crime of concealing or hiding criminal gains. However,if this person helps the same principal of telecom fraud to cash out or withdraw money over and over again,even if there is seemingly no conspiracy of the crime in spoken or written communication in advance,the joint crime of fraud can be established as well. That is, although this person can only be convicted of the crime of concealing or hiding criminal gains for his act of the first withdrawal,he should be convicted of the joint crime of fraud for his subsequent withdrawals if psychologically tacit agreement is formed in fact. When an withdrawer helps the same principal of telecom fraud withdraw money over and over again,his first withdrawal constitutes the crime of concealing or hiding criminal gains and his subsequent withdrawals constitute the joint crime of fraud,but he should be only convicted of one count of offence,i. e. the crime of fraud (the amount of the concealed or hidden criminal gains cannot be incorporated into the amount of fraud). No combined punishment shall be imposed on the withdrawer for his multiple criminal acts.
Political Science and Law
Counts of Crimes