Use Baidu of fishing website filch to popularize the Zhang date of business door, password, after loginning illegally, to these account adds a keyword, create a large number of business door the keyword that the website adds because of its and be clicked to cause pecuniary loss by without reason. Recently, careful of benefit hill court writtened guarantee this rises to get case of data of computer information system illegally. This kind of case still is belonged to in Jiangsu first.
He Wei " is Baidu popularized " , " Baidu business bridge " ?
Alleged Baidu is popularized, it is means of a kind of when Baidu founds promotion paying fee, use Baidu to search engine to search the position of engine market in home, through raising website Baidu keyword the rank raises website exposure rate, achieve the goal that extends him website or product.
And Baidu business bridge, it is to be used at Baidu to popularize client and website caller direct and online communication free business affairs communicates a tool, the function is similar to " A Li Wangwang " . The client that Baidu popularizes, can use directly same an account and password land Baidu business bridge. The Baidu promotion that collect fees and free Baidu business bridge, can use same Zhang number and code, such setting gave a criminal an opportunity that can be exploited to sbs advantage.
Brief introduction of details of a case
Think via trying a court, some disobeys He Mou of the accused person national regulation, use technical measure to get data of computer information system, the clue is serious, its behavior already was formed get blame of data of computer information system illegally. After some brings to justice person He Mou, the accused can offer the main crime fact that states his according to the facts, already recouped loss of be murdered unit, can punish lightly; He Mou the Zhang number information that some gets more than 10 Baidu illegally to popularize business door through fishing website, added " where little younger sister comes " wait for a keyword, belong to a clue serious, it is certain to was reflected subjective and malign, reason puts forward to its paraclete " subjective and malign lesser " apologetic opinion does not grant to adopt.
Adjudicative result
Without stannic city benefit court of a mountainous area people adjudicates: Some makes He Mou of the accused person get blame of data of computer information system illegally, sentence month of nine of set term of imprisonment, punish golden RMB 2000 yuan.
Advocate careful judge: Judge of law court of juvenile of court of people of Jiang Lina Hui Shan division
The judge reminds
This case involves more than 10 Baidu to popularize an user, why such-and-such tortious caused pecuniary loss to them not only, also caused certain negative effect to its reputation, the judiciary gets the behavior of data illegally to this kind to give severity is hit stoutly, build favorable network environment for the netizen; Also remind a businessman when to undertaking conduct propaganda, ought to keep vigilant at the same time, the relevant link that inputs Zhang number information to the requirement should be operated after be checked carefully, avoid to produce needless loss.
Clause of this case cite law
" criminal law of People's Republic of China " :
The 285th violates national regulation, of the computer information system that invades territory of technology of construction of national work, national defence, advanced science, be in 3 years of the following set term of imprisonments or arrest battle.
Violate national regulation, the money before invading stipulates the computer information system beyond perhaps uses other technology method, get the memory in system of this computer information, data that handle or transmits, perhaps carry out illegal control to system of this computer information, the clue is serious, be in 3 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment; The clue is particularly serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Offer use technically at invading, the process that controls computer information system illegally, tool, perhaps know perfectly well other to carry out invade, the illegal criminality that controls computer information system illegally and provide program, tool for its, the clue is serious, the regulation of the money before according to is punished.
Of before the unit makes 3 blames, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, each this regulation punishs according to.
After the 67th crime automatic a criminal give himself up to the police, confess the guilt that narrates oneself according to the facts, it is to confess one's crime. To surrender criminal, perhaps can reduce punishment lightly. Among them, crime is lighter, can absolve punishment.
Support of the people of the guilty suspect of the coercive measures that be adopted, the accused is in the convict of serve a sentence, had not mastered for narrating a judiciary according to the facts oneself are other of crime, talk in order to confess one's crime.
Although guilty suspect does not have the surrender of before two regulations clue, but offer those who narrate him crime according to the facts, OK and light punishment; Because its are offerred according to the facts,narrate him crime, avoid particularly serious consequence to happen, can reduce punishment.
Procuratorate of top people court, top people " endanger security of computer information system about dealing with criminal case uses law the explanation of a certain number of problems " :
The first get data of computer information system illegally to control computer information system illegally perhaps, have one of following state, ought to maintain for criminal law of the 285th the 2nd section provision " the clue is serious " :
(one) get pay settle accounts, negotiable securities to trade, futures trades the identity attestation information that waits for network banking service of 10 groups of above;
(2) get (one) the identity attestation information beyond of 500 groups of above;
(3) system of information of illegal control computer of 20 above;
(4) 5000 yuan of above perhaps cause illegal gain pecuniary loss of 10 thousand yuan of above;
(5) the case with other severe scenario.
The money before carrying out sets action, those who have one of following state, ought to maintain for criminal law of the 285th the 2nd section provision " the clue is particularly serious " :
(one) amount or the money before amount is achieved (one) to (4) formulary level is fivefold of above;
(2) the case with other particularly severe scenario.
Knowing perfectly well is other system of information of illegal pilot computer, and to the control of system of this computer information authority tries to use, before according to two regulation convictions punishment.
