The fourth-party payment, also known as aggregate payment, refers to a new type of payment through the aggregation of relevant banks, third-party payment platforms, cooperative telecom operators and other payment tools. The fourth-party payment platform is between the third-party payment institution or itsPokerbotsBetween his payment institutions and end users, by integrating the transaction channels of the third-party payment platform, the advantages of payment channel resources are complementary.
Recently, a reporter from the Beijing News learned that the Beijing No. 3 Intermediate people's Court concluded a case involving fourth party payment. The defendant, Wang, was convicted of illegal business operation and sentenced to three years' imprisonment and a fine of 100,000 yuan.
Set up aggregate payment channels to illegally provide fund settlement services for gambling websites
A reporter from the Beijing News learned that between 2019 and 2020, the defendant Wang, in Chaoyang District and other places in Beijing, without obtaining the qualification of payment and settlement business, worked with others to set up a payment and settlement platform with a third-party payment platform as an interface, set up aggregate payment channels, and made use of the accounts of shell companies such as a company opened by him to illegally provide capital settlement services for customers such as gambling websites and collect service fees for profit. The settlement amount is more than 2900 million yuan. The defendant Wang surrendered to the public security organ on February 2, 2021 and voluntarily signed the letter of admission of punishment. During the court hearing, the defendant Wang actively refunded the illegal gains.
The court held that in this case, the company set up by the defendant Wang and others was mainly engaged in illegal fourth-party payment business, and took it as the main business to engage in the secondary liquidation of funds, which was in line with the constitution of the crime of illegal business operation. At the same time, the defendant knows full well that the illegal website connected is a gambling platform and provides payment and settlement assistance for his crime, and the circumstances are serious, and his behavior also constitutes the crime of helping information network crime, according to the punishment principle of imaginative joint offense, the defendant should be convicted and punished for the crime of illegal business operation. According to the facts of the defendant Wang's crime, the nature and circumstances of the crime, and the degree of harm to society, the court of first instance sentenced Wang to commit the crime of illegal business operation and sentenced him to three years' imprisonment and a fine of 100,000 yuan. The Beijing third Intermediate people's Court rejected Wang's appeal in accordance with the law and upheld the original verdict.
Judge: it is urgent to strengthen the supervision and governance of the fourth-party payment platform.
The judge suggested that the fourth-party payment, which is born with the rapid development of mobile payment, is flexible and convenient. However, due to its lack of strict regulatory mechanism, some lawbreakers illegally use the fourth party payment to engage in network black ash industry money laundering and so on. According to the specific situation, this kind of behavior may constitute the crime of illegal business operation, the crime of money laundering, the crime of helping information network crime, the crime of concealing the crime and so on.
According to the provisions of the measures for the Administration of payment Services of non-financial institutions, "non-financial institutions that provide payment services shall obtain a" payment business license "in accordance with the provisions of these measures and become payment institutions. Without the approval of the people's Bank of China, no non-financial institution or individual may engage in or engage in payment business in a disguised form. " Therefore, the fourth-party payment platform can engage in payment business after obtaining the relevant payment permission after the approval of the people's Bank of China.
However, in accordance with the requirements of the notice of the people's Bank of China on carrying out illegal "aggregate payment" service clean-up and rectification work, aggregate payment is strictly defined as a "order collection outsourcing organization". It stipulates that "the receiving institution shall not hand over the qualification examination, the signing of the acceptance agreement, the transaction processing of the receiving business, the capital settlement, the risk monitoring, the generation and management of the master key of the accepting terminal, and the handling of errors and disputes to the outsourcing service organization." Therefore, once the fourth-party payment platform crosses the prescribed red line to engage in the above business, it will become an illegal platform.
It is urgent to strengthen the supervision and governance of the fourth-party payment platform. As a fourth-party payment platform, it should also restrict its own behavior and shall not carry out relevant business without obtaining the relevant business qualification or license; should consciously abide by the obligations of anti-money laundering and merchant qualification examination; and should abide by the regulatory policy, establish a legal and compliant internal management system.