Keywords illegal control computer information system
Chen Jian, male, born on November 26, 1992, Han nationality, individual, lives in Jianggan District, Hangzhou City, Zhejiang Province.Defendant Chen Jian was criminally detained by the Runzhou Branch of Zhenjiang Public Security Bureau on July 3, 2020 on suspicion of illegally controlling computer information systems, and released on bail pending trial on July 28 of the same year
Song Chuang, male, born on August 2, 1995, ID number ×××6117, Manchu, unemployed, lives in Changtu County, Liaoning Province. Defendant Song Chuang was criminally detained by the Runzhou Branch of Zhenjiang Public Security Bureau on July 12, 2020, on suspicion of illegally controlling a computer information system, and released on bail pending trial on July 29 of the same year.
From 2019 to June 2020, after the defendant Chen Jian collected the serial numbers and phone numbers of other people’s Apple mobile phones through Taobao stores, WeChat friends, etc., he entrusted Song Chengzhi (handled in a separate case) and the defendant Song Chuang to illegally unlock the above-mentioned mobile phones to realize illegal Controlling the mobile phone, a total of 591 Apple mobile phones were illegally controlled, and the illegal income was 82,940 yuan. Among them, after the defendant Song Chuang accepted the entrustment, he defrauded the corresponding Apple mobile phone ID account number and password by sending phishing text messages through a phishing website, and then logged into the Apple mobile phone icloud website to release the binding relationship between the mobile phone device and its ID account, and illegally controlled others. There were 576 iPhones, and the illegal income was 57,600 yuan. After being brought to justice, defendants Chen Jian and Song Chuang truthfully confessed their criminal facts. Defendant Chen Jian withdrew RMB 30,000 of the illegal gains, and defendant Song Chuang withdrew RMB 60,000 of illegal gains, which are now being detained by the public security organs.The public prosecution agency submitted documentary evidence; testimony of witnesses Song Chengzhi and others; confessions and defenses of defendants Chen Jian and Song Chuang; Electronic data inspection records; electronic data and other evidence to confirm
Trial result
Defendants Chen Jian and Song Chuang violated state regulations by invading computer information systems outside the fields of state affairs, national defense construction, and cutting-edge science and technology, or using other technical means to illegally control the computer information system. The circumstances were particularly serious. It constitutes the crime of illegally controlling computer information systems and should be punished according to law. The prosecution’s charges were established. Defendants Chen Jian and Song Chuang jointly committed the crime deliberately, which is a joint crime. In the joint crime, the two defendants have equal roles in crime, and both are the principal offender. Defendants Chen Jian and Song Chuang truthfully confessed their crimes after committing the crime, were able to admit the facts of the crime they were charged, and were willing to accept punishment, and could be dealt with lightly and leniently in accordance with the law. The two defendants withdrew all their illegal profits and could be given a lighter punishment as appropriate. The public prosecution’s sentencing recommendation is appropriate. Regarding the defense opinions put forward by the defender that each defendant has the aforementioned corresponding lighter punishment and lenient treatment, after verification, this court adopts it. Accordingly, in accordance with the second paragraph of Article 285, the first paragraph of Article 25, the first paragraph of Article 26, the third paragraph of Article 67, and the seventh paragraph of the Criminal Law of the People’s Republic of China The first and third paragraphs of Article 12, the second and third paragraphs of Article 73, Article 64 and Article 201 of the Criminal Procedure Law of the People’s Republic of China, the judgment is as follows:
1. Defendant Chen Jian committed the crime of illegally controlling a computer information system and was sentenced to three years in prison, four years of probation, and a fine of 40,000 yuan. (paid)
Defendant Song Chuang committed the crime of illegally controlling a computer information system and was sentenced to three years in prison, four years of probation, and a fine of 40,000 yuan. (paid)
(The above-mentioned probation period for probation shall be calculated from the date when the judgment is determined.)
2. The illegal profits of 21,700 yuan from the withdrawal of defendant Chen Jian and the 17,280 yuan of illegal profits from the withdrawal of defendant Song Chuang, which were detained in the Runzhou Branch of Zhenjiang Public Security Bureau, were confiscated and turned over to the state treasury; detained in Zhenjiang Public Security Bureau The silver Iphone 6 and OPPO mobile phones, which were the crime tools of the Runzhou Branch, were confiscated.
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