the anchor "gambled during live broadcast"! beijing no. 1 intermediate people's court: it constitutes the crime of opening a casino
2024-09-22
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at present, the means of online gambling crimes are constantly being updated. some online anchors are tempted by the interests and take risks to carry out illegal activities such as "live broadcast with gambling", tricking fans to download gambling software and participate in online gambling. the reporter learned from the beijing no. 1 intermediate people's court that the court concluded a typical case and issued a reminder.
yin, a live streamer on the yizhibo platform, was well-known on the platform, and attracted mu and others to join and "apprentice". in the live broadcast room, the live broadcast team headed by yin attracted a large number of fans by exposing tattoos, online fights, and pornographic live broadcasts.
later, yin and others directed fans of the live broadcast room to a social software, and then released qr codes and links to fans through the social software, falsely claiming that scanning the qr code would download a game, and participating in the game would give them a chance to win a smartphone. in fact, the software downloaded by scanning the qr code was various types of gambling software. the anchor promoted the gambling software by spreading qr codes and organizing fans to place bets, and then participated in the profit sharing of the gambling software.
yin, mu and others made profits ranging from more than 400,000 yuan to several thousand yuan through the above means. the court held that the above defendants used social tools to promote gambling software and participated in the profit sharing of gambling software, and their actions constituted the crime of opening a casino.
according to the "opinions on several issues concerning the handling of cross-border gambling crime cases" issued by the supreme people's court, the supreme people's procuratorate and the ministry of justice, those who knowingly use gambling websites or applications and have any of the following circumstances shall be treated as accomplices in the crime of opening a casino: providing software development, technical support, internet access, server hosting, network storage space, communication transmission channels, advertising, membership development, fund payment and settlement and other services for gambling websites or applications; acting as an agent for gambling websites or applications and developing players, members, and offline players.
yin used his "identity" as an online anchor to constantly use money to lure people around him to join the "live broadcast team", and quickly attracted fans and accumulated popularity through vulgar content such as online fights and pornographic live broadcasts. after successfully "raising the account", yin and others continued to divert the "fans" of the live broadcast platform to other social platforms, put qr codes on the live broadcast platform and social software to promote gambling software, develop "players" and offline, and induce "fans" to download gambling software and recharge to participate in gambling. the "live broadcast team" headed by yin then obtained a share of the profits, which constituted the crime of opening a casino.
screenshots of gambling software extracted from the mobile phones of the people involved in the case showed that in just a few days, the team performance of some of the people involved in the case reached hundreds of thousands of yuan, which was extremely harmful to society.
according to the second paragraph of article 303 of the criminal law of the people's republic of my country, anyone who opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined.
the judge reminded that cyberspace is not a lawless place. live broadcast practitioners should strengthen their professional ethics and regulate their professional behavior. live broadcast platforms should strengthen the standardized management of online anchors and promote the healthy and orderly development of the live broadcast industry. for the general public, they should consciously resist the temptation of gambling and stay away from gambling, and they should not participate in the promotion of gambling software for petty profits, thus becoming accomplices of criminals.
