I'm not a drug god. The prototype was almost convicted of interfering with credit card management.

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On July 21, 2014, Yuanjiang procuratorate prosecuted Lu Yong for the crime of impairing credit card management and selling fake drugs. After the incident, on November 23, 2013, Lu Yong was criminally detained by Yuanjiang Public Security Bureau on suspicion of "impairing the management of credit cards", and then obtained a guarantor pending trial.

the movie "I am not the God of Medicine", which was officially released on July 5th, has earned more than 300 million yuan at the box office in less than a day. It has not only gained a lot of popularity and praise, but also triggered a public debate and heated discussion on the rationality between high-priced patented drugs and cheap generic drugs. Lu Yong, the protagonist behind the story, was almost jailed for purchasing generic drugs for patients, but the cause of the case was suspected of "obstructing the management of credit cards", a financial crime.

in 2013, the Public Security Bureau of Yuanjiang City, Hunan Province, arrested Lu Yong while investigating an online bank card trafficking gang, and later discovered Lu Yong's crime of selling counterfeit drugs. On July 21, 2014, the Yuanjiang Municipal Procuratorate prosecuted Lu Yong for the crime of obstructing the management of credit cards and selling counterfeit drugs. On January 27, 2015, Yuanjiang City Procuratorate requested the court to withdraw the prosecution. "if Lu's behavior is found to constitute a crime, it will deviate from the due values of criminal justice," the prosecutor explained in the interpretation of the basic Law that decided not to prosecute.

I am not the god of medicine

" I am not the god of medicine "movie poster

"decision Book" information shows that Lu Yong, known as "Medicine Xia" by folk jokes, bought three bank cards, including agricultural bank cards, from the Internet in 2013 in order to buy drugs and facilitate remittance to Indian generics companies, and handed one of them to the Indian company as a collection account.

the Indian company promises to provide free medicine to patients who provide account numbers. At first, two leukemia patients offered to provide their bank accounts in exchange for free medicine. Lu Yong used and managed the above bank account through the Internet Bank U Shield. After the patient paid the drug purchase money to the account, he transferred the drug purchase money to Zhang's account and informed the Indian company to send the medicine to the patient. However, soon after, the two leukemia patients heard that the transaction volume of bank cards was too large, which could lead to suspicion of money laundering, so they were no longer willing to provide for use.

therefore, in August 2013, Lu bought three bank cards opened with other people's identity information at a price of 500yuan per set through Taobao, and found that two of them could not be used because the password could not be activated, so only one agricultural bank card with the household name Xia was used to absorb funds for selling fake drugs. Lu also managed the account through the Internet Bank U Shield and transferred the patients' drug purchase money to the account designated by the Indian company.

after the incident, Lu Yong was criminally detained by Yuanjiang Public Security Bureau on November 23,2013 on suspicion of "obstructing the management of credit cards" and was later released on bail pending trial.

indictment

the plot is not serious, immunity from prosecution

the Criminal Law stipulates that the crime of obstructing the administration of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 10,000 yuan and not more than 100,000 yuan; if the number is huge or other serious circumstances exist, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200000 yuan.

what specific acts should be recognized as "large quantities" as provided for in Article 177 above? The interpretation of the specific Application of Law in Criminal cases of impairing Credit Card Management issued in 2009 gives a clear definition: those who hold or transport more than 10 or less than 100 blank credit cards knowingly know that they are counterfeit blank credit cards shall be recognized as "relatively large quantity" as stipulated in paragraph 1 (1) of Article 177 of the Criminal Law. Whoever illegally holds more than 5 credit cards but less than 50 credit cards of others shall be recognized as "a relatively large number" as stipulated in paragraph 1 (2) of Article 177 of the Criminal Law.

however, apart from the above reasons, there is something special about this case. "if Lu's behavior is found to constitute a crime, it will deviate from the due values of criminal justice," the prosecutor explained in the interpretation of the basic Law that decided not to prosecute.

does not rent, lend or sell personal bank cards

in recent years, financial crimes in the field of credit cards have emerged one after another. The financial crimes reported by the Beijing Municipal Procuratorate at the beginning of this year showed that in 2017, the municipal procuratorial organs accepted 14 financial crime cases, and the number of credit card fraud cases accounted for 47.8% of all financial crime cases. the number of cases of illegal absorption of public deposits ranked second, accounting for 36.8% of all financial crime cases. The crime of illegal absorption of public deposits, the crime of fund-raising fraud, the crime of trading using undisclosed information and the crime of fraud of loans (quick examination and approval) have increased, while the number of cases of credit card fraud, crime of impairing credit card management and insurance fraud has decreased.

prior to this, the central bank and provincial and municipal government departments have repeatedly carried out special actions to jointly crack down on the illegal trading of bank cards on the Internet. In answering a reporter's question on the special rectification action, the relevant responsible person of the central bank pointed out that on the one hand, the buying and selling of bank cards may be accompanied by illegal acts such as illegally holding a large number of bank cards and buying and selling resident identity cards. suspected of violating the crime of obstructing the management of credit cards and the crime of buying and selling resident identity cards in the Criminal Law. On the other hand, the act of buying and selling bank cards also violates the bank card business system such as the Bank Card Business Management measures of our country. The measures for the Administration of Bank Card Business stipulates that bank cards and their accounts can only be used by cardholders approved by the card-issuing bank, and may not be leased or lent.

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(Editor: ion)

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