Keywords illegal control computer information system
Chen Wei, male, born on October 5, 1994, Han nationality, junior high school, no occupation, registered in Yuzhou District, Yulin City, Guangxi Zhuang Autonomous Region, and living in Yulin City, Guangxi Zhuang Autonomous Region. He is suspected of illegally obtaining computer information system data and illegally controlling computer information. Systemic crime, detained on March 14, 2019, arrested on April 19, 2019. He is currently being held at the Haidian District Detention Center in Beijing.
From June to September 2017, Chen Wei and others took advantage of the vulnerability of the recharge system of the Apple client mobile game “A Legend” developed by a Beijing Technology Co., Ltd. (address: Shangdi, Haidian District, Beijing) to realize payment in In the case of a single transaction and a small amount of currency, the game account is recharged multiple times and repeatedly, and the game players are charged for this, with a total profit of 3,744,200 yuan.
Defendant Chen Wei violated state regulations by using loopholes in the computer system of the victim unit to intrude into the computer system of the victim unit, to obtain the data stored, processed and transmitted in the computer information system, and to make profits through the above-mentioned means. The amount of illegal income was huge and the circumstances were particularly serious. His behavior has constituted the crime of illegally obtaining computer information system data and should be punished. Beijing Haidian District People’s Procuratorate charged the defendant Chen Wei with the crime of illegally obtaining computer information system data. The facts are clear and the evidence is conclusive. However, the alleged profit amount was incorrect, and this court determined it based on the facts ascertained. In view of the fact that the defendant confessed the facts of the crime after he arrived at the case, and pleaded guilty and accepted punishment, and the confession attitude was good, this court gave him a lighter punishment in accordance with the law. The relevant defense opinions of the defender shall be adopted by the court at their discretion. To sum up, this court is in accordance with Article 285, paragraph 2, Article 67, paragraph 3, Article 52, Article 64 of the Criminal Law of the People’s Republic of China and the Criminal Procedure of the People’s Republic of China. According to Article 15 of the Law, the judgment is as follows:
1. Defendant Chen Wei committed the crime of illegally obtaining computer information system data and was sentenced to three years and six months in prison and a fine of RMB 30,000.
(The term of imprisonment shall be calculated from the date of execution of the judgment. For those who are detained before the execution of the judgment, one day of detention shall be converted into one day of the sentence of imprisonment, that is, from March 14, 2019 to September 13, 2022. The fine is limited from the time this judgment takes effect. Pay within ten days from the next day.)
2. The defendant Chen Wei’s illegal gains of RMB 1,585,794 (RMB 1,585,794) shall be recovered and confiscated.
3. The items seized by the case-handling organ shall be kept as evidence.
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