I. Core Defense Challenges in This Case

1. Higher sentencing tiers come with higher probation thresholds.

   According to judicial interpretations, concealing or disguising criminal proceeds amounting to over 10 million yuan constitutes "serious circumstances," with a statutory sentencing starting point of three years' imprisonment. The amount involved in this case far exceeds this threshold, making the basic conditions for applying probation insufficient; a reduction in sentencing tier must be achieved through statutory mitigating circumstances.

2. The party is at a high level, making leniency difficult to apply.

   Ms. Fu serves as the team's primary liaison, overseeing all fund transfers; Mr. Li recruits "card farmers" as an intermediary. Both play more critical roles than typical card farmers, making it harder to secure a conviction as an accessory and obtain a significantly reduced sentence.

3. Stricter judicial crackdown on funds involved in telecom fraud

   Assisting in the transfer of illicit funds from telecom fraud constitutes a downstream offense targeted by judicial authorities. Courts apply stricter standards when considering probation for such cases; leniency must be sought through demonstrated remorse and substantiated mitigating circumstances.

II. Core Defense Contributions by Lawyer Qun Heng in the First Instance

Tailoring individualized defense strategies for the two defendants, attorneys Cheng Daqun and Chen Hongyi conducted a comprehensive, precision-focused defense throughout the entire process:

1. Anchor on the core determination of an accessory and break through statutory sentencing tiers.

   Both attorneys thoroughly reviewed the case files to reconstruct the chain of evidence and precisely dissect the hierarchical structure of upstream and downstream crimes. Both emphasized that the client merely participated in the downstream assistance phase, acted under the command and coordination of upstream individuals, and earned only a small fee. The client had no control over the source or final destination of the illicit funds and played a secondary, accessory role in the joint crime. This constitutes the core legal basis for classifying the client as an accomplice, thereby reducing the statutory sentencing range from above three years to below three years.

2. Guide full restitution and compensation to strengthen the foundation for probation application.

   Lawyer Cheng Dqun guided Mr./Ms. Fu's family to return illicit gains totaling 2.6 million yuan to the court, and Lawyer Chen Hongyi guided Mr./Ms. Li's family to return 2 million yuan. In both cases, the amounts exceeded the individual illegal gains and corresponding victim losses, clearly demonstrating remorse through action. These efforts became key discretionary factors for the court to apply probation.

3. Coordinate with the plea of guilt and punishment procedure to seek a suspended sentence recommendation.

   The two lawyers engaged in thorough discussions with the handling prosecutors regarding sentencing recommendations. By systematically explaining the law and highlighting multiple mitigating factors—including accessory status, truthful confession, full restitution of illicit gains, and first-time/occasional offending—they successfully prompted the prosecution to revise its sentencing recommendation, ultimately securing probation-inclusive sentences for both defendants.

4. Courtroom defense to solidify probation rulings

   During the trial, both attorneys presented comprehensive defense arguments focusing on the defendants' roles as accomplices, degree of subjective malice, restitution and remorse, social harm, and conditions for rehabilitation. They fully demonstrated that both individuals met the statutory criteria for probation. The court accepted all defense arguments.

III. Court Judgment

After review, the Gongshu District People's Court of Hangzhou City accepted all defense arguments presented by both attorneys. The court determined that both defendants were accomplices and, considering their voluntary confession, acceptance of punishment, and restitution of illicit gains, imposed reduced sentences with probation in accordance with the law:

1. Defendant Fu was convicted of concealing or disguising the proceeds of crime and sentenced to 1 year and 10 months in prison, suspended for 2 years and 6 months, and fined RMB 5,000.

2. Defendant Li was convicted of concealing or disguising the proceeds of crime, sentenced to one year and five months in prison with a two-year probation period, and fined 3,000 RMB.

   Both defendants are not required to serve prison time and may return to normal life and work.

IV. Professional Case Handling Tips

1. Lending out bank cards, assisting in cash withdrawals, or converting shopping cards into cash through third-party purchases may constitute the crime of concealing or disguising criminal proceeds if you are aware that the funds originate from illegal activities. If the involved transaction volume exceeds 10 million yuan, it is deemed "serious circumstances," resulting in an enhanced sentence of over three years. Do not risk crossing the criminal threshold for minor financial gains.

2. In cases of concealing or disguising criminal proceeds, identifying an accessory is the key to breaking through sentencing tiers. Precisely defining the defendant's role and contribution within the upstream-downstream crime chain is critical for securing a reduced sentence or probation.

3. Full restitution and voluntary acceptance of guilt and punishment are key prerequisites for securing a suspended sentence. Engaging a lawyer early to plan the restitution timeline and sentencing negotiation strategy can maximize your chances of a lighter sentence.

Consultation Guide

The Criminal Law Department of Zhejiang Qunheng Law Firm specializes in criminal defense within Hangzhou, with expertise in defending cases involving concealment of criminal proceeds, aiding information network criminal activities, and other financial crimes related to bank cards and funds. We are well-versed in the sentencing standards of local courts, including those in Gongshu District, and provide comprehensive defense services throughout the investigation, prosecution, and trial stages. For consultations on criminal cases, please schedule an online appointment or visit our office.