customizable jewelry box wholesale black gold Fourth -party payment (aggregate payment) case involved

Eduardo

November 24, 2022 at 3:21 am

david yurman style jewelry wholesale Author: Lawyer Deng Xiaoyu
The fourth -party payment is not a new product. Some people are based on whether the platform has the payment business license. Pay. But as some companies with licensed licenses participate in fourth -party payment, the standard does not seem to be accurate.
Is we believe that third -party payment is between banks and merchants, and fourth -party payment is between third -party payment and merchants. Therefore, the fourth -party payment is essentially relatively third -party payment. It is an expansion of a payment platform for the service of the third -party payment platform.
The typical model is aggregating payment, that is, the fourth -party payment aggregates various three -party payment platforms, cooperative banks, telecommunications operators and other service provider interfaces to form a complementary advantage of payment channel resources, meet the needs of merchants, provide suitable merchants to provide merchants Payment solution.
but some of these payment services integrators use their own unparalleled flexibility and complementarity of payment services to perform capital settlement business for online fraud platforms, online gambling, and pornographic live broadcast industry. An important part of cyber black production.
. The general crime mode of the fourth -party payment platform
This can be roughly divided into four steps:
The first step is to build a polymerization payment platform; The platform collects the two -dimensional code for receiving the payment, while looking for a merchant with funding to pay for settlement;
The third step is to provide the QR code to collect the money for the merchant; The profit is returned to the merchant, which is divided into the platform.
The mode of operation as follows:

The crimes of the fourth party payment platform
There are many platforms for the fourth -party payment (specifically at the aggregate payment model in this article). Alipay and even Meituan can pay directly.
The people who have no payment licenses ("Get the money" without paying licenses) are not just concluding the aggregate payment platform must be guilty. The key lies in whether the platform provides technical services and moves to the following four disagreements:
. According to China, according to China The Division of the People's Bank of China Payment and Settlement of the "Notice on the Cleaning and Remediation of the" Payment Payment "service of violations of regulations" (Circular [2017] No. 4). "Institution", there are four clear red lines on the aggregate payment:
: must not engage in core businesses such as merchant qualification review, acceptance agreement signing, and receiving business transaction processing; Merchant settlement funds, engage in or disguised special merchant funds settlement;
: must not be forged, tampered with or concealed trading information;
: Sensitive information of special merchants and consumers must not be collected;
From the above "four do not allow", it can be seen that the co -provisions of the aggregate payment company can only be a technical service agency that provides a third -party payment channel for merchants. It cannot precipitate funds, let alone provide payment and funds for merchants. The crime and non -crime of the fourth -party payment platform can be seen.
three, fourth -party payment cases of conviction
(1) Let's first look at several typical illegal business models
illegal business model (1): virtual small and micro business households r

Cloud X platform, developing a polymer mobile payment collection software cloud payment app with POS machine functions that support card -free payment. Without obtaining the "Payment Business License", the cloud X platform with cloud XAPP as the main body will be put into operation, engaged in bank card receipt, UnionPay payment, and code -scanning payment business. Personal registered membership virtual as small and micro -merchants. Through UnionPay payment, code scanning payment, etc., it provides members with false trading services such as credit card cash withdrawal, and earns the rate of difference between the membership of the membership card and the upstream payment channel. Essence And through the connection of upstream banking institutions and payment institutions, provide capital settlement payment channels for the Cloud X platform.

illegal business mode (2): The shell interface

The judgment shows that in November 2010, the defendant's unit was established by the defendant Zeng and Wei. Essence After that, Zeng (a real controller of a company) instructed the defendant Cheng Mou to organize the company's employees to acquire shell corporate information and private enterprise seals, and obtained a large number of WeChat and Alipay payment interfaces for charging. At the same time, without obtaining the relevant state departments permitted by the Lei Mou company, the WeChat and Alipay payment interfaces were promoted on the Internet through the defendant Tao, Xiao, Xiongmou and others to provide the Internet illegally providing the Internet for others to provide the Internet for the network. Payment and settlement business. Constines illegal operations.

The report also reported: Shenzhen X Beibei Company to pick up the payment channel from third -party payment institutions such as WeChat and Alipay by registering multiple "shell companies", and then integrating these payment methods into a QR code Send it to merchants. The funds are first entered the account of the company. Xibei settled the funds to the merchant according to the delivery time agreed with the merchant, and charged a certain service fee; the service fee amount was determined according to the customer's situation and the agreed settlement time, which is generally about 1%of the total amount of the collection.

illegal business mode (3): "Running points"

The people's procuratorate in Zhizheng District, Yantai City for review and investigation, the defendant Luo, Song, Zhou, etc. From October 2018 to April 2019, we organized the development and operation of the three platforms: "scratching eggs", "typing exercises", and "fun running". Through Internet technology docking, it provided commissioned receivables and payment services for illegal websites. The defendants Wu, Liao, Zhao, and other defendants, such as the defendant Luo, Huang, became the head of the regiment, the head of the group, the head of the group, etc. In accordance with the platform instructions, the WeChat QR code was collected (that is, the illegal platform accepts the recharge of the customer). After the receipt is successful, the bank card is withdrawn to WeChat, and then uses online banking and mobile banking to transfer to the designated bank The account method completes the payment settlement of funds. After investigation, the amount involved was more than 1.5 billion yuan.

It the above content is not difficult to see that if the fourth -party payment platform is provided with the access to the payment interface service, it also forms a capital pool, and through the accounts that it controls, it provides withdrawal, transfer, etc. to the platform merchants, transfer, etc. The settlement service, which is essentially providing monetary funds settlement business, is identified as illegal operational crimes without controversy.

(2) Other crimes of the fourth -party payment platform
In practice, the fourth party's operation chain of the black production is often very long. The interface agent and the single -pull personnel have no intention of sharing crimes, or violated different crimes due to the behavior of each person.

(1) Helping information network crime activities

In the three types of illegal business models in the previous article, the essence of the platform's suspected illegal operation is "engaged in funds settlement business", if Relevant platforms are built, only merchant virtual, setting the shell interface, running a two -dimensional code, or outsourcing the payment interface to the agent, and arranging the single personnel to find illegal merchants with the need for payment settlement services at the back end.
mainly assisted illegal industrial merchants to obtain a payment interface, but it should not touch the settlement of funds. Such behaviors should not be convicted in illegal operation. However, the crime of providing "payment settlement help" or suspected help of information network crime activities.

(2) Crime of infringing the personal information of citizens
In the running score and shell interface mode, the fourth -party payment platform builders purchased personal information of citizens through the black field and black market, registered for third parties Pay account and settle funds.
During the service process, some platforms illegally collect merchant information and transaction information, and then sell or provide the collected citizen's personal information to others. These actions may constitute the crime of infringing on personal information of citizens.

(3) Money laundering
The construction of the fourth -party payment platform does not form a polymerization payment software platform, but instead of fictional transactions through the grafting e -commerce platform business households. That is, the platform arranges personnel to enter the regular e -commerce platform to become a merchant in batches, fictional commodity types and prices, with the guise of e -commerce shopping, through technical matching, as online gambling and pornographic websites to enter online gold channels to achieve the purpose of capital transfer.
If the PDD money laundering incident last year is typical:

n
(4) Opening a casino, fraud, and organized obscene performance (common commitment)
It fourth -party payment platform itself is a gambling website, pornographic website, and fraud website supporting industry. The platform, as a part of the industrial chain, has the "conspiracy" of the platform and the upstream industry, which can naturally constitute a criminal of related crimes.
but there are also some fourth -party payment platforms, just a merchant who knows that the platform docking is engaged in illegal activities, and still helps them implement funds payment and settlement behaviors. Crime to help information network criminal activities be regulated? It is also a topic worth discussing.

1 thought on “customizable jewelry box wholesale black gold Fourth -party payment (aggregate payment) case involved”

Eduardo
November 24, 2022 at 3:21 am

david yurman style jewelry wholesale Author: Lawyer Deng Xiaoyu
The fourth -party payment is not a new product. Some people are based on whether the platform has the payment business license. Pay. But as some companies with licensed licenses participate in fourth -party payment, the standard does not seem to be accurate.
Is we believe that third -party payment is between banks and merchants, and fourth -party payment is between third -party payment and merchants. Therefore, the fourth -party payment is essentially relatively third -party payment. It is an expansion of a payment platform for the service of the third -party payment platform.
The typical model is aggregating payment, that is, the fourth -party payment aggregates various three -party payment platforms, cooperative banks, telecommunications operators and other service provider interfaces to form a complementary advantage of payment channel resources, meet the needs of merchants, provide suitable merchants to provide merchants Payment solution.
but some of these payment services integrators use their own unparalleled flexibility and complementarity of payment services to perform capital settlement business for online fraud platforms, online gambling, and pornographic live broadcast industry. An important part of cyber black production.
. The general crime mode of the fourth -party payment platform
This can be roughly divided into four steps:
The first step is to build a polymerization payment platform; The platform collects the two -dimensional code for receiving the payment, while looking for a merchant with funding to pay for settlement;
The third step is to provide the QR code to collect the money for the merchant; The profit is returned to the merchant, which is divided into the platform.
The mode of operation as follows:

The crimes of the fourth party payment platform
There are many platforms for the fourth -party payment (specifically at the aggregate payment model in this article). Alipay and even Meituan can pay directly.
The people who have no payment licenses ("Get the money" without paying licenses) are not just concluding the aggregate payment platform must be guilty. The key lies in whether the platform provides technical services and moves to the following four disagreements:
. According to China, according to China The Division of the People's Bank of China Payment and Settlement of the "Notice on the Cleaning and Remediation of the" Payment Payment "service of violations of regulations" (Circular [2017] No. 4). "Institution", there are four clear red lines on the aggregate payment:
: must not engage in core businesses such as merchant qualification review, acceptance agreement signing, and receiving business transaction processing; Merchant settlement funds, engage in or disguised special merchant funds settlement;
: must not be forged, tampered with or concealed trading information;
: Sensitive information of special merchants and consumers must not be collected;
From the above "four do not allow", it can be seen that the co -provisions of the aggregate payment company can only be a technical service agency that provides a third -party payment channel for merchants. It cannot precipitate funds, let alone provide payment and funds for merchants. The crime and non -crime of the fourth -party payment platform can be seen.
three, fourth -party payment cases of conviction
(1) Let's first look at several typical illegal business models
illegal business model (1): virtual small and micro business households r

Cloud X platform, developing a polymer mobile payment collection software cloud payment app with POS machine functions that support card -free payment. Without obtaining the "Payment Business License", the cloud X platform with cloud XAPP as the main body will be put into operation, engaged in bank card receipt, UnionPay payment, and code -scanning payment business. Personal registered membership virtual as small and micro -merchants. Through UnionPay payment, code scanning payment, etc., it provides members with false trading services such as credit card cash withdrawal, and earns the rate of difference between the membership of the membership card and the upstream payment channel. Essence And through the connection of upstream banking institutions and payment institutions, provide capital settlement payment channels for the Cloud X platform.

illegal business mode (2): The shell interface

The judgment shows that in November 2010, the defendant's unit was established by the defendant Zeng and Wei. Essence After that, Zeng (a real controller of a company) instructed the defendant Cheng Mou to organize the company's employees to acquire shell corporate information and private enterprise seals, and obtained a large number of WeChat and Alipay payment interfaces for charging. At the same time, without obtaining the relevant state departments permitted by the Lei Mou company, the WeChat and Alipay payment interfaces were promoted on the Internet through the defendant Tao, Xiao, Xiongmou and others to provide the Internet illegally providing the Internet for others to provide the Internet for the network. Payment and settlement business. Constines illegal operations.

The report also reported: Shenzhen X Beibei Company to pick up the payment channel from third -party payment institutions such as WeChat and Alipay by registering multiple "shell companies", and then integrating these payment methods into a QR code Send it to merchants. The funds are first entered the account of the company. Xibei settled the funds to the merchant according to the delivery time agreed with the merchant, and charged a certain service fee; the service fee amount was determined according to the customer's situation and the agreed settlement time, which is generally about 1%of the total amount of the collection.

illegal business mode (3): "Running points"

The people's procuratorate in Zhizheng District, Yantai City for review and investigation, the defendant Luo, Song, Zhou, etc. From October 2018 to April 2019, we organized the development and operation of the three platforms: "scratching eggs", "typing exercises", and "fun running". Through Internet technology docking, it provided commissioned receivables and payment services for illegal websites. The defendants Wu, Liao, Zhao, and other defendants, such as the defendant Luo, Huang, became the head of the regiment, the head of the group, the head of the group, etc. In accordance with the platform instructions, the WeChat QR code was collected (that is, the illegal platform accepts the recharge of the customer). After the receipt is successful, the bank card is withdrawn to WeChat, and then uses online banking and mobile banking to transfer to the designated bank The account method completes the payment settlement of funds. After investigation, the amount involved was more than 1.5 billion yuan.

It the above content is not difficult to see that if the fourth -party payment platform is provided with the access to the payment interface service, it also forms a capital pool, and through the accounts that it controls, it provides withdrawal, transfer, etc. to the platform merchants, transfer, etc. The settlement service, which is essentially providing monetary funds settlement business, is identified as illegal operational crimes without controversy.

(2) Other crimes of the fourth -party payment platform
In practice, the fourth party's operation chain of the black production is often very long. The interface agent and the single -pull personnel have no intention of sharing crimes, or violated different crimes due to the behavior of each person.

(1) Helping information network crime activities

In the three types of illegal business models in the previous article, the essence of the platform's suspected illegal operation is "engaged in funds settlement business", if Relevant platforms are built, only merchant virtual, setting the shell interface, running a two -dimensional code, or outsourcing the payment interface to the agent, and arranging the single personnel to find illegal merchants with the need for payment settlement services at the back end.
mainly assisted illegal industrial merchants to obtain a payment interface, but it should not touch the settlement of funds. Such behaviors should not be convicted in illegal operation. However, the crime of providing "payment settlement help" or suspected help of information network crime activities.

(2) Crime of infringing the personal information of citizens
In the running score and shell interface mode, the fourth -party payment platform builders purchased personal information of citizens through the black field and black market, registered for third parties Pay account and settle funds.
During the service process, some platforms illegally collect merchant information and transaction information, and then sell or provide the collected citizen's personal information to others. These actions may constitute the crime of infringing on personal information of citizens.

(3) Money laundering
The construction of the fourth -party payment platform does not form a polymerization payment software platform, but instead of fictional transactions through the grafting e -commerce platform business households. That is, the platform arranges personnel to enter the regular e -commerce platform to become a merchant in batches, fictional commodity types and prices, with the guise of e -commerce shopping, through technical matching, as online gambling and pornographic websites to enter online gold channels to achieve the purpose of capital transfer.
If the PDD money laundering incident last year is typical:

n
(4) Opening a casino, fraud, and organized obscene performance (common commitment)
It fourth -party payment platform itself is a gambling website, pornographic website, and fraud website supporting industry. The platform, as a part of the industrial chain, has the "conspiracy" of the platform and the upstream industry, which can naturally constitute a criminal of related crimes.
but there are also some fourth -party payment platforms, just a merchant who knows that the platform docking is engaged in illegal activities, and still helps them implement funds payment and settlement behaviors. Crime to help information network criminal activities be regulated? It is also a topic worth discussing.

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