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Guiding Case No. 105: People v. Hong Xiaoqiang, Hong Liwo, Hong Qingquan, and Li Zhirong (Case of Establishing or Running a Casino)
指导案例105号:洪小强、洪礼沃、洪清泉、李志荣开设赌场案
【法宝引证码】

Guiding Case No. 105: People v. Hong Xiaoqiang, Hong Liwo, Hong Qingquan, and Li Zhirong (Case of Establishing or Running a Casino) 指导案例105号:洪小强、洪礼沃、洪清泉、李志荣开设赌场案
(Issued on December 25, 2018 as deliberated and adopted by the Judicial Committee of the Supreme People's Court) (最高人民法院审判委员会讨论通过2018年12月25日发布)
Guiding Case No. 105 指导案例105号
Keywords: 关键词
criminal; crime of establishing or running a casino; online gambling; WeChat group 刑事/开设赌场罪/网络赌博/微信群
Key Points of Judgment 裁判要点
Whoever, for profits, solicits gamblers by means of inviting persons to join a WeChat group to gamble on the results from lottery websites, sets gambling rules, uses a WeChat group for control and management, and continues to organize online gambling activities for a period of time commits the crime of " establishing or running a casino" as provided in paragraph 2, Article 303 of the Criminal Law北京大学互联网法律中心 . 以营利为目的,通过邀请人员加入微信群的方式招揽赌客,根据竞猜游戏网站的开奖结果等方式进行赌博,设定赌博规则,利用微信群进行控制管理,在一段时间内持续组织网络赌博活动的,属于刑法三百零三条
此人家庭地位极低
第二款规定的“开设赌场”。
Legal Provisions 相关法条
Paragraph 2, Article 303 of the Criminal Law of the People's Republic of China 中华人民共和国刑法》第303条第2款
Basic Facts 基本案情开弓没有回头箭
On February 14, 2016, defendants Li Zhirong, Hong Liwo and Hong Qingquan, together with Hong A (here and below, given name withheld) and Hong B (here and below, given name withheld), both fugitives from justice, used a rental building in the vicinity of the valve base in Yingdu Town, Nan'an City, Fujian Province (and later a suite on the fifth floor of the Dazhong Electric City, Huanjiang Road, Yingdu Town, Nan'an City, Fujian Province) as their premises and engaged three persons including Hong C (here and below, given name withheld) to use smart phones, computers and other equipment to establish a WeChat group (called "Xunlongjue," which was changed more than one time and finally replaced with "(New) 98' Alumni Chat") and solicit gamblers to gamble online. Hong A and Hong B, as promoters and funders, were responsible for managing the entire gang from behind the scenes; defendant Li Zhirong was primarily responsible for finance and maintenance of the gambling software; defendant Hong Liwo was primarily responsible for supporting affairs; defendant Hong Qingquan was primarily responsible for handling disputes with gamblers; and defendant Hong Xiaoqiang was a funder and solicited Chen A (here and below, given name withheld) and other gamblers to join the WeChat group for gambling. The gambling WeChat group divided the 300,000 yuan initial capital into 100 shares of capital stock and separately established ten tech shares. Specifically, defendant Hong Xiaoqiang had six shares of capital stock, defendants Hong Liwo and Hong Qingquan each had four ten tech stocks, and defendant Li Zhirong had two tech stocks. 2016年2月14日,被告人李志荣、洪礼沃、洪清泉伙同洪某1、洪某2(均在逃)以福建省南安市英都镇阀门基地旁一出租房为据点(后搬至福建省南安市英都镇环江路大众电器城五楼的套房),雇佣洪某3等人,运用智能手机、电脑等设备建立微信群(群昵称为“寻龙诀”,经多次更名后为“(新)九八届同学聊天”)拉拢赌客进行网络赌博。洪某1、洪某2作为发起人和出资人,负责幕后管理整个团伙;被告人李志荣主要负责财务、维护赌博软件;被告人洪礼沃主要负责后勤;被告人洪清泉主要负责处理与赌客的纠纷;被告人洪小强为出资人,并介绍了陈某某等赌客加入微信群进行赌博。该微信赌博群将启动资金人民币300000元分成100份资金股,并另设10份技术股。其中,被告人洪小强占资金股6股,被告人洪礼沃、洪清泉各占技术股4股,被告人李志荣占技术股2股。
A gambler joining the WeChat group credited gambling funds to the WeChat or Alipay account of the banker (respectively under pseudonyms Bailong Counting House and Qinglong Counting House) through WeChat or Alipay to purchase points (each of which was equal to one yuan) and bet in the Wechat group on the lottery results from lottery websites such as PCEggs by means such as craps betting and odd even betting. The gambling WeChat group was open for business 24 hours a day, with dozens of gamblers for each game and daily bets amounting to several hundred thousand yuan. As of the time when the case was discovered, the gang had accepted gambling money accounting to 3,237,300 yuan. During the operation of the gambling WeChat group, dividends were distributed twice. Specifically, defendant Hong Xiaoqiang received 36,000 yuan, defendant Li Zhirong received 6,000 yuan, defendant Hong Liwo received 12,000 yuan, and defendant Hong Qingquan received 12,000 yuan. 参赌人员加入微信群,通过微信或支付宝将赌资转至庄家(昵称为“白龙账房”、“青龙账房”)的微信或者支付宝账号计入分值(一元相当于一分)后,根据“PC蛋蛋”等竞猜游戏网站的开奖结果,以押大小、单双等方式在群内投注赌博。该赌博群24小时运转,每局参赌人员数十人,每日赌注累计达数十万元。截至案发时,该团伙共接受赌资累计达3237300元。赌博群运行期间共分红2次,其中被告人洪小强分得人民币36000元,被告人李志荣分得人民币6000元,被告人洪礼沃分得人民币12000元,被告人洪清泉分得人民币12000元。
Judgment夫妻本是同林鸟 裁判结果
On March 27, 2017, the People's Court of Zhanggong District of Ganzhou City, Jiangxi Province entered the Criminal  of (No. 367 [2016], First, Criminal Division, 0702, Gan): (1) Defendant Hong Xiaoqiang was guilty of establishing or running a casino and should be sentenced to a fixed-term imprisonment of four years in addition to a fine of 50,000 yuan. (2) Defendant Hong Liwo was guilty of establishing or running a casino and should be sentenced to a fixed-term imprisonment of four years in addition to a fine of 50,000 yuan (3) Defendant Hong Qingquan was guilty of establishing or running a casino and should be sentenced to a fixed-term imprisonment of four years in addition to a fine of 50,000 yuan. (4) Defendant Li Zhirong was guilty of establishing or running a casino and should be sentenced to a fixed-term imprisonment of four years in addition to a fine of 50,000 yuan (5) The illegal income returned by the four defendants amounting to 66,000 yuan and the six mobile phones, one laptop and three desktop hosts, and other items for criminal use that were transferred with the case shall be confiscated according to the law and turned over to the state treasury. After the  was pronounced, none of the four defendants appealed. The  has come into effect. 江西省赣州市章贡区人民法院于2017年3月27日作出(2016)赣0702刑初367号刑事判决:一、被告人洪小强犯开设赌场罪,判处有期徒刑四年,并处罚金人民币五万元。二、被告人洪礼沃犯开设赌场罪,判处有期徒刑四年,并处罚金人民币五万元。三、被告人洪清泉犯开设赌场罪,判处有期徒刑四年,并处罚金人民币五万元。四、被告人李志荣犯开设赌场罪,判处有期徒刑四年,并处罚金人民币五万元。五、将四被告人所退缴的违法所得共计人民币66000元以及随案移送的6部手机、1台笔记本电脑、3台台式电脑主机等供犯罪所用的物品,依法予以没收,上缴国库。宣判后,四被告人均未提出上诉,判决已发生法律效力。
Judgment's Reasoning 裁判理由
The effective court  held that: The conduct that defendants Hong Xiaoqiang, Hong Liwo, Hong Qingquan, and Li Zhirong solicited gamblers by means of inviting persons to join a WeChat group and gamble on the results from lottery websites in the manner such as craps betting and odd even betting, set gambling rules, used a WeChat group for control and management, and continued to organize online gambling activities for a period of time, which was " establishing or running a casino" as provided in paragraph 2, Article 303 of the Criminal Law. Defendants Hong Xiaoqiang, Hong Liwo, Hong Qingquan and Li Zhirong established and ran a casino and accepted gambling funds amounting to 3,237,300 yuan. They should be determined to have "serious circumstances" as provided in paragraph 2, Article 303 of the Criminal Law and their conduct constituted the crime of establishing or running a casino. 法院生效裁判认为,被告人洪小强、洪礼沃、洪清泉、李志荣以营利为目的,通过邀请人员加入微信群的方式招揽赌客,根据竞猜游戏网站的开奖结果,以押大小、单双等方式进行赌博,并利用微信群进行控制管理,在一段时间内持续组织网络赌博活动的行为,属于刑法三百零三条第二款规定的“开设赌场”。被告人洪小强、洪礼沃、洪清泉、李志荣开设和经营赌场,共接受赌资累计达3237300元,应认定为刑法三百零三条第二款规定的“情节严重”,其行为均已构成开设赌场罪。
(Judges of the effective : Yang Fei, Song Zhengxin, and Cai Hui) (生效裁判审判人员:杨菲、宋征鑫、蔡慧)
     
     
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