Research on the Coupling of Internet Gambling and

Telecommunications Fraud Crimes

Muhan Peng

The School of International Law, China University of Political Science and Law, Beijing, China

Keywords: Online Gambling, Telecommunications Fraud, Cybercrimes.

Abstract: In recent years, there has been a clear trend of the combination of online gambling and telecommunications

fraud. Generally speaking, the number of cases involving the combination of the two and the level of public

attention to them have both been on the rise. There are couplings between the two in many aspects such as

means, subjects, organizational structures, and capital flow channels, which has also given rise to many

practical dilemmas. At the theoretical level, there are difficulties in distinguishing between different charges,

clarifying the relationships among them, and determining the number of crimes. At the practical level, law

enforcement officers have long been troubled by the difficulties in apprehending suspects and recovering

stolen goods. In response to these theoretical and practical dilemmas, on the one hand, it is necessary to clarify

the concepts, logic, and train of thought, and use typical cases to guide judicial judgments. On the other hand,

there is an urgent need to establish an all - round and multi-level cooperation model. This includes promoting

cross - border collaborative governance, strengthening international judicial cooperation, cracking down on

the outflow of funds, and safeguarding the property interests of the general public.

1 INTRODUCTION

With the rapid development of the information society,

there have been significant changes in the current

crime structure. The proportion of traditional illegal

crimes has been continuously decreasing, while the

proportion of new types of cybercrimes represented

by telecom network fraud and online gambling has

increased substantially. These cases occur frequently,

involve a wide range of aspects, result in large losses,

and have drawn strong reactions from the public. This

phenomenon is also reflected in film and television

works. A realistic-themed movie titled No More Bets,

which exposes the inside stories of telecom network

fraud and online gambling, came into being and set

off a movie-watching craze, with its box office

continuously rising. The intense popularity of this

film also, to a certain extent, reflects the in-depth

concern and profound loathing of the general public

towards telecom network fraud and online gambling.

Therefore, it is necessary to conduct further research

and analysis of these two types of crimes.

On the one hand, online gambling and telecom

fraud have similarities in terms of their means. Both

online gambling crimes and telecom fraud crimes

take advantage of the anonymity and convenience of

the Internet. Similar to other cybercrimes, online

gambling and telecom fraud usually occur in the

virtual cyberspace. Criminals don't have to risk

exposing themselves when carrying out criminal

activities. Precisely because of this, the difficulty of

relevant arrest operations and evidence collection

work has been significantly increased compared with

traditional crimes. Criminals can evade the review

and supervision of the network department by means

such as disguising IP addresses and using overseas

servers. Criminals often also employ technologies

such as secure and confidential communication,

which makes their criminal acts extremely covert. As

a result, a large number of black and gray industrial

chains have emerged (Zhang & Deng, 2021).

On the other hand, there is a high degree of

overlap and synergy between online gambling and

telecom fraud in terms of their subjects and

organizational structures. In numerous actual cases,

the relevant criminals are not only involved in

organizing online gambling but also engaged in

telecom fraud activities. This overlap of criminal

subjects causes gambling and fraud behaviors to

interweave with each other, forming a complex

Peng, M.

Research on the Coupling of Internet Gambling and Telecommunications Fraud Crimes.

DOI: 10.5220/0014293200004859

Paper published under CC license (CC BY-NC-ND 4.0)

In Proceedings of the 1st International Conference on Politics, Law, and Social Science (ICPLSS 2025), pages 20-26

ISBN: 978-989-758-785-6

criminal network. Take the "pig butchering scam" (a

type of telecom network fraud) as an example. This

kind of crime has already formed a complete black

industrial chain, and there is a clear division of labor

within the organization. Generally, it is divided into

the telephone operation group, the information supply

group, the technical group, and the money laundering

group (Bo, 2020). The division of labor within the

organization is extremely clear. It involves tasks such

as searching for potential victims of fraud, providing

technical support, carrying out actual fraud activities,

and laundering the ill-gotten gains, thus forming a

complete chain of "gambling/fraud — money

laundering". If not curbed, the scale of this gray

industry is bound to expand further, and the safety of

people's lives and property will suffer significant

damage (Li, 2024).

In addition to the above mechanisms, the channels

of fund transfer are also one of the common features

of online gambling and telecom fraud. In online

gambling crimes, the gambling funds are likely to be

transferred via third-party platforms like WeChat Pay

and Alipay. Similarly, in telecom fraud crimes,

fraudsters generally make use of such payment

methods to transfer the ill-gotten gains.

2 THE LEGAL DILEMMAS OF

THE COMBINATION OF

FRAUD AND GAMBLING

Broadly speaking, gambling crimes can generally be

divided into three categories: the crime of gambling,

the crime of operating a gambling den, and the crime

of organizing and participating in gambling outside

the country (territory). Gambling refers to the act of

placing bets and other means to seek uncertain results

in a probabilistic event that cannot be predicted by all

parties, so as to win more gambling funds.

Subjectively, the purpose of making profits is

required, and objectively, there should be the acts of

gathering people to gamble, making a living by

gambling, or operating a gambling den. The crime of

fraud has no subdivided charges. Subjectively, it

requires criminal intent, and objectively, it requires

the act of defrauding property, including both private

property and public funds. The range of sentencing is

determined according to the amount of money

involved.

2.1 The Issue of Differentiating

Between Crimes and Charges

As mentioned before, there are couplings in both

internal and external characteristics between the

crime of gambling and the crime of fraud in many

aspects, which greatly increases the possibility of

their concurrent occurrence. This also leads to the

practical dilemma of distinguishing between these

crimes and the possibility of different judgments for

similar cases. The following are two cases with

similar circumstances.

Case One: In May 2019, the defendants Cheng

Moumou and others, in order to make money,

discussed and decided to establish a gambling website

of the lottery type. A part of the established gambling

website was sold to customers. They were aware that

the purpose for which the customers purchased these

gambling websites was to carry out "pig butchering

scam" to defraud money. By helping the customers

with the gambling websites, they made a profit of

more than 200,000 yuan. The other part was operated

by Cheng and others themselves as the banker. They

attracted others to participate in gambling in the

forms of recharge rebates and betting rebates.

Whether it was sold to customers or operated by

themselves as the banker, Cheng and others could, in

the capacity of administrators, manipulate functions

such as recharging and cash withdrawal of the website

at any time. They even pretended to be gamblers and

participated in gambling with other gamblers. The

business model was to attract more people to recharge

money into the website for gambling by means of

giving rebates based on "transaction volume". Once

the gambling funds had accumulated to a certain

extent, they would selectively block the cash

withdrawal function of some gamblers on the grounds

that there were abnormal "transaction volume

brushing" behaviors in their accounts. They also

informed the gamblers that it was possible for the

accounts to be unblocked only after a three-day

review. During these three days, the gamblers were

required to continue placing bets and brushing the

transaction volume, thus making the gamblers

continue to gamble on the website. As long as the

gamblers had a large amount of funds in their

accounts, the cash withdrawal function would not be

unblocked, preventing the gamblers from making

withdrawals. Until the gamblers lost all the money in

their accounts. By the time the cash withdrawal

function of the gamblers' accounts was unblocked, the

gamblers had no funds left to withdraw. They

Research on the Coupling of Internet Gambling and Telecommunications Fraud Crimes

defrauded all the funds of the gambling participants

in this way. According to 2020 Gui 1103 No.14, the

court finally ruled that all the defendants in this case

were found guilty of the crime of operating a

gambling den, and were sentenced to fixed-term

imprisonments ranging from two to four years

respectively.

Case Two: From November 21, 2018, to January

9, 2019, the defendants Xiao and others purchased

tools such as the domain name of the "Instant Lottery"

website used for fraud, accounts on dating websites,

WeChat accounts, mobile phone cards, bank cards,

etc. They pretended to be single men and selected

single women on dating websites as the targets of

fraud. After gaining the trust of the other party and

establishing a certain relationship foundation, they

fabricated the fact that recharging and betting on the

false "Instant Lottery" website could make a profit,

and induced the victims to recharge and bet on the

website. After the victims such as Yang transferred

funds through the recharge function of the "Instant

Lottery" website into the bank accounts of others

controlled by the defendant Xiao, then he contacted

his accomplices to transfer the funds. In this way,

Xiao and others defrauded Yang and others of a total

of 408,000 yuan. According to 2019 Yu 0154 No. 523,

the court finally ruled that the defendants Xiao and

others were guilty of fraud and were sentenced to

fixed - term imprisonments ranging from one to ten

years respectively.

The situations in the above two cases are very

similar. The criminals all used similar means, which

conform to a certain persuasion technology model.

They took the most urgent needs in the victims' hearts

as bait to obtain improper benefits (Monica, 2013).

However, the final judgment results are completely

different. In Case One, the defendants were convicted

of the crime of operating a gambling den, while in

Case Two, the defendants were charged with the

crime of fraud. Therefore，In similar cases where

multiple factors are intertwined, how to determine the

crime and what criteria to use to distinguish one crime

from another have become one of the difficulties in

the trial process.

2.2 The Issue of the Number of Crimes

In judicial practice, various criminal acts often appear

intertwined. Especially for criminals in criminal

gangs, their criminal acts usually may involve the

constitutive elements of multiple charges. In cases

where gambling and fraud are closely linked, and the

criminal acts simultaneously cover the constitutive

elements of both the crime of gambling and the crime

of fraud, it becomes another difficult problem in

actual judicial judgments to determine what

appropriate and practical theory should be used as the

basis to reach a final judgment that is both reasonable

and in line with the actual situation.

Studying the issue of the number of crimes

essentially involves discussing the relationship

between different numbers of crimes. Regarding the

judgment criteria for distinguishing the number of

crimes, numerous scholars have put forward a great

many theories. Among them, the "doctrine of legal

interest (result) standard" proposed by Professor

Zhang Mingkai has a relatively high degree of

acceptance in China. That is to say, the number of

legal interests violated by an act, especially the

number of harmful consequences caused, is taken as

the judgment criterion (Zhang, 2020). According to

this theory, offenders who only participate in some of

the crimes in the criminal chain usually only commit

a single charge. For example, the technical personnel

in a criminal gang, their criminal acts are mainly

reflected in establishing, operating and maintaining

relevant websites. If other elements such as subjective

intent are met, their acts mainly violate public social

order, and they should be sentenced for the crime of

operating a gambling establishment. However, for the

members of the criminal gang who are responsible for

deceiving the victims to gain their trust, then luring

the victims to participate in gambling, providing false

information, and defrauding funds, their acts mainly

violate the victims' individual property rights and

should be punished for the crime of fraud. In addition

to the above two types of situations, the "higher-

ranking" organizational members of the criminal

gang usually do not limit their participation to just a

part of the criminal activities. For this type of crime,

there are different paths of theoretical analysis, and

different theoretical paths also lead to completely

different judgment results.

One way is to handle it in accordance with the

principle of concurrent crimes. That is, in the case, an

act of operating a gambling den simultaneously

violates the crime of operating a gambling den and

the crime of fraud. In other words, there is a

relationship of inclusion between the act of operating

a gambling den and the act of manipulating the

gambling results, with the former encompassing the

latter. According to the basic principle of imaginative

joinder of offenses, an imaginative joinder of offenses

should be recognized as multiple crimes. That is to

ICPLSS 2025 - International Conference on Politics, Law, and Social Science

say, in the judgment document, the charges violated

by the act should be listed one by one, but the

punishment should be imposed according to the

statutory penalty of the more serious crime

(punishment according to the more serious offense).

Secondly, it should be dealt with according to the

principle of implicated offenses. That is to say, it is

believed that the case is not constituted by one act, but

by two acts. Since the main purpose of the criminal

gang in establishing the gambling website is to

commit the crime of telecommunication fraud, there

is an implicated relationship between the means act

and the purpose act of these two acts. According to

the basic principle of implicated offenses, it should be

clearly stated in the judgment that the act violates

multiple crimes, but the punishment should be

imposed according to the statutory penalty of the

more serious crime (punishment is imposed in

accordance with the heavier crime). Thirdly， deal

with it according to the principle of combined

punishment for several crimes. Combined

punishment for several crimes means the situation

where several crimes are first convicted and

sentenced separately, and then the combined

punishment is carried out in accordance with the

provisions of the criminal law. The scheme of

combined punishment for several crimes holds that if

the perpetrator does not commit the act of

manipulating the gambling results in the case, the act

is still within the scope of the constitutive elements of

the crime of operating a gambling establishment.

However, if the act of manipulating the gambling

results goes beyond the scope of the original crime

and separately violates other independent charges,

then combined punishment for several crimes should

be imposed on this situation (Yuan, 2021).

2.3 Difficulties in Arrest and Recovery

of Stolen Goods

The apprehension of the criminal suspect or the main

criminal suspect is one of the important conditions for

solving a case. Most online gambling fraud cases are

organized group crimes. Therefore, it is necessary to

arrest the main criminal suspect. Merely

apprehending secondary accomplices or accomplices

under duress does not meet the conditions for solving

the case. The ringleaders of online gambling fraud

groups usually carry out criminal manipulation

overseas. Even if the ringleaders and their hiding

places are identified through various means during

the investigation process, there are still great

difficulties in pursuing and arresting them overseas.

At present, extradition is an important form of

international criminal judicial cooperation, which

requires that an extradition treaty be signed between

the requesting state and the requested state. Due to

various reasons, China has not yet concluded bilateral

extradition treaties with countries such as the United

States and Italy, where criminals often flee. In judicial

practice, the commonly used method by China's

investigation organs is to adopt the strategy of

persuading suspects to surrender. This approach

makes the investigation organs not take the initiative,

and it is also difficult to conduct a scientific

evaluation of the results of persuading suspects to

surrender. Moreover, in the cross-regional and cross-

border crimes committed by online gambling fraud

groups, once the fraud is successful, the funds will be

remitted overseas through underground banks, or the

illicit money will be dispersed and transferred to bank

cards and then withdrawn, posing great difficulties

for the seizure of criminal proceeds (Liu & Zhou,

2020).

3 SOLUTIONS

3.1 Clarify the "Organizing and

Operating Acts" of the Crime of

Gambling and the "Deceptive

Acts" of the Crime of Fraud

First of all, the two can be distinguished from the

perspective of the fundamental legislative purpose of

protecting legal interests. China's Criminal Law

places the crime of fraud in Chapter V "Crimes of

Infringing upon Property", and places the crime of

gambling in Chapter VI "Crimes of Impairing Social

Administration Order", Section 1 "Crimes of

Disrupting Public Order". It can be seen that the legal

interests protected by the two crimes are completely

different. At least, legislators believe that, in

comparison with the protection of property rights, the

crime of gambling is more established for the purpose

of protecting the kind and good social customs.

Secondly, the two can be distinguished from the

perspective of subjective elements. The prevailing

view holds that the crime of fraud should be

committed with the purpose of illegal possession. In

addition, illegal possession can only lead to

conviction when the amount reaches a relatively large

level. According to the judicial interpretation issued

Research on the Coupling of Internet Gambling and Telecommunications Fraud Crimes

by the Supreme People's Court and the Supreme

People's Procuratorate in 2011, the starting point for

this relatively large amount is between 3,000 yuan

and 10,000 yuan. The crime of gambling belongs to a

crime with a specific criminal purpose, which

requires the purpose of making a profit. Therefore, the

crime of gambling and the crime of operating a

gambling establishment are essentially the same.

There are essentially two ways to make a profit: First,

relying on one's own gambling skills, understanding

of gambling laws, and luck to gain profits; Second,

relying on "skimming off the top", that is, taking a

percentage of the winnings from the participants,

such as charging service fees, which is often achieved

by operating a gambling establishment. Therefore, it

has a larger scale and causes more serious harm (Feng,

2020).

3.2 Release Guiding Cases to Clarify

the Internal Logic of the Issue of

the Number of Crimes

In response to the three different theories, it is

necessary to clarify their internal logical thinking and

keep going back and forth between the theories and

the facts of the case. First of all, from the perspective

of the theory of concurrence, whether it is a

concurrence of legal provisions or an imaginary

concurrence is based on the fact that one criminal act

may violate multiple charges. However, it is obvious

that the coupled crimes of online gambling and

telecommunication fraud discussed in this article are

difficult to be committed by the same act. The single

act of the offender is a precondition for discussing

concurrent crimes. Therefore, in this regard, the

theory of concurrence is inevitably inappropriate.

Secondly, the second approach, which is based on the

theory of implicated offender, is in line with the

characteristics of multi - act crimes in practice, but it

still deserves further consideration. This logical train

of thought holds that the preceding act in the case is a

means act, and the subsequent act constitutes the

purpose act. The two have an implicated relationship,

which is obviously from the standpoint of the

subjective theory. The subjective theory holds that as

long as the actor subjectively regards a certain act as

a means act for the purpose act, there exists an

implicated relationship (Ke, 2008). However, the

subjective theory unreasonably expands the scope of

the establishment of implicated offenders, leading to

the result of an unduly lenient sentence, which is

bound to violate the principle of correspondence

between crime and punishment. Whether there is an

implicated relationship should be examined from

aspects such as the commonality, connection, and

typicality between the means act and the purpose act.

Only when a certain means is commonly used for a

certain crime, there is a close typical connection

between the two, and imposing combined punishment

for several crimes will lead to an obvious

inappropriateness between the crime and the

punishment, can it be recognized as an implicated

offender (Yuan, 2021). In view of the fact that

establishing a gambling website for fraud may be an

occasional means in fraud crimes, and it is impossible

to demonstrate a close connection between the two

based solely on this, the logic of this judgment should

be used with caution.

Overall, combining punishment for several crimes

is a more appropriate judgment approach for

adjudicating such cases. In such cases, the previous

act and the subsequent act respectively violate two

different legal interests. As mentioned above, the

legal interests protected by the crime of running a

gambling den are social management order and the

danger of causing damage to others' property, while

the legal interests protected by the crime of fraud are

the property rights of others. Although the legal

interests protected by both the crime of running a

gambling den and the crime of fraud include the

content of others' property rights, there are essential

differences between the two. In terms of property

legal interests, the crime of operating a gambling den

is an abstract dangerous offense. As long as the act of

operating a gambling den poses a danger of causing

property losses to an unspecified number of others,

the crime is established. On the other hand, the crime

of fraud is a specific dangerous offense. The crime of

fraud is only established when the perpetrator's

fraudulent act poses an imminent danger or causes

substantial damage to the victim's property. Secondly,

the actions of such criminal gangs fully conform to

the constitutions of the two crimes (the crime of

running a gambling den and the crime of fraud).

Moreover, the previous act and the subsequent act are

two acts of completely different natures carried out

under the domination of two kinds of criminal intents,

which fully meet the criteria for multiple crimes.

Most importantly, neither of the above - mentioned

criminal constitutions includes the content of the

other. During the process of committing the act of

running a gambling den, the perpetrator also

committed the act of fraud, and the fraud act exceeded

the scope of the illegal act of running a gambling den.

ICPLSS 2025 - International Conference on Politics, Law, and Social Science

That is to say, the two acts respectively conform to

the criminal constitutions of the crime of running a

gambling den and the crime of fraud, which belong to

the typical heterogeneous multiple crimes (narrow-

sense heterogeneous multiple crimes). Thirdly, apart

from the subjective - theory - based judgment

criterion which may identify this as a case of

implicated offender, neither the objective theory, the

compromise theory, nor the typological theory can

recognize such a situation as constituting an

implicated offender. The criminal gang first sets up a

gambling website, then lures the victim to participate

in online gambling, and finally defrauds the victim of

property by manipulating the gambling results. There

is no typological connection relationship, because

setting up a gambling website is not a common means

of the crime of fraud. Finally, when the perpetrator

manipulates the gambling results to defraud property

after running a gambling den, compared with the

situation where the perpetrator wins property through

the contingency of gambling wins and losses after

running a gambling den, the former is significantly

more serious in terms of both illegality and culpability.

If it is only punished as the crime of running a

gambling den or the crime of fraud, not only can the

illegal facts of the case not be fully evaluated, but also

it will lead to the result of an unduly lenient sentence

(Yuan, 2021).

3.3 Establish An All-Round and Multi-

Level Cooperation Model to

Promote Cross-Border

Collaborative Governance

Strengthen international cooperation and regional

coordination, establish the concept of "global co-

governance", and enhance international police

cooperation. Firstly, establish a collaborative

mechanism through the signing of multilateral

agreements, and define specific matters in the

cooperation through written provisions. For example,

in the Joint Statement between the People's Republic

of China and the Republic of the Philippines, China

and the Philippines mentioned "jointly cracking down

on telecommunication fraud crimes." The two sides

implemented the concept of "global co-governance"

through prior agreements, which has set a precedent

and provided a demonstration for current global co-

governance cooperation. Secondly, enhance

cooperation and exchanges among police officers

from various countries in multiple aspects such as

mechanisms, intelligence, and communication. Build

a shared information database to achieve the sharing

and exchange of intelligence resources. Meanwhile,

strengthen the construction of international police

platforms with neighboring countries and carry out

relevant activities such as "International Police

Forums", "Foreign Police Exchange and Training",

and jointly building electronic forensics laboratories.

By enhancing cooperation among police forces in

different regions, it provides experience and

references for the investigation and evidence-

collection activities of more transnational cases. For

example, in 2023, China and Laos carried out a joint

operation to combat cross-border

telecommunications network fraud. Under the

diplomatic supervision of the Chinese Embassy in

Laos, China dispatched a professional task force to

Laos. The task force focused on the timely

distribution of intelligence and the adoption of

advanced surveillance methods to monitor fraud

activities. China's technical expertise, especially in

the fields of digital forensics and intellectual property

tracking, helped identify the main suspects, while Lao

officials were responsible for carrying out the search

operations. This operation not only has achieved

remarkable results in combating telecommunications

fraud, but also enhanced regional security and trust,

and improved technical and legal capabilities.

(Namnouvong, 2024) Similarly, in 2016, the Ministry

of Public Security of China cooperated with the

police forces of countries such as Malaysia, Kenya

and Cambodia to arrest criminal gangs involved in

telecommunications fraud, which effectively deterred

crimes and protected the rights and interests of the

victims (Liu, 2021).

4 CONCLUSION

The existence of coupling makes online gambling and

fraud face many dilemmas. These dilemmas not only

exist at the abstract level, but also at the specific

operational level. In the face of these dilemmas,

making reasonable and accurate judgments depends

on the precise distinction between the core elements

of online gambling, namely the "organization and

establishment behavior", and the core element of

fraud, which is the "deceptive behavior", as well as

the accurate understanding of the relationship

between the two. The reasonable interpretive path for

the coupled crimes described above should be

regarded as a multi-act crime that violates different

provisions and infringes upon different legal interests.

Research on the Coupling of Internet Gambling and Telecommunications Fraud Crimes

Imposing combined punishment for several crimes is

a more appropriate solution. Arrest is a prerequisite

for a genuine conviction, and the recovery of stolen

goods is related to whether the losses of public and

private property can be reduced. However, due to the

collectivization and internationalization of criminal

groups, it has become increasingly difficult.

Therefore, it is urgently necessary to strengthen the

concept of "global co-governance". It is of vital

importance to enhance international and inter-

regional cooperation, crack down on the outflow of

funds and the flight of criminals, further combat

cybercrimes, and fully safeguard the property rights

and interests of citizens.

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