In November 2014, what the undergraduate Chi new emperor of Nanjing opens the network that clean out treasure in He Ruiquan telegraphic broadband number is bought in inn, use at him dormitory. Later, he helps college fellow student buy broadband number in the generation that clean out treasure, earned brushstroke money from which.
In September 2015, because Chi new emperor buys the broadband Zhang date of illegal income to be investigated. Police is informed, he Ruiquan is in cleaning out the telegraphic broadband mark that sells on treasure is illegal income, made get blame of data of computer information system illegally. 2017, procuratorate of people of division of Nanjing city incredible connecting with the boxing skill is sued to court of people of Nanjing city Xuan Wu district, accusation Chi new emperor makes conceal, conceal a blame.
In July 2018, court of district of Nanjing city incredible connecting with the boxing skill makes first instance adjudicate, say Chi new emperor makes conceal, conceal guilty earning blame, sentence fine RMB 10 thousand yuan.
To this, chi new emperor expresses to refuse to obey, to Nanjing city intermediate people court puts forward to appeal. Chi new emperor insists to express innocent, say oneself just buy the home, illegal to broadband name origin not know the inside story.
On September 18, 2 careful are sessional, the focus depends on Chi new emperor whether knowing date of broadband of carry out of the place that clean out treasure is illegal income.
Graph of ▲ data picture occupies Oriental IC
"In clean out treasure to buy broadband date to be used more convenient "
Chi new emperor is Nanjing student of some three-year institution of higher learning. "If our school wants to get online, use the network inside telegraphic school commonly. The net inside school cannot use a means by implement, every classmate in a dormitory must handle order of a broadband, but in same date issues a broadband, computer and mobile phone are returned cannot at the same time couplet net, very no-go. " Chi new emperor tells red star news.
Every month, dormitory of Chi new emperor should pay fee of 90 yuan of broadbands each.
In October 2014, chi new emperor bought telegraphic broadband number in the store that the He Ruiquan on the net that clean out treasure opens, join road by implement, use at full living quarter. "One is convenient, and it is OK that a dormitory hands in 50 yuan of broadbands every months to expend each, cheap. " Chi new emperor says.
Graph of ▲ data picture occupies Oriental IC
Begin from 2014, chi new emperor begins to help a classmate buy broadband number in He Ruiquan place, help debug a road by implement, till September 2015. According to Chi new emperor says, he earned dot money from which. During, chi new emperor and He Ruiquan pass QQ and A Li Wangwang to contact all the time, QQ has 96 pages chatting record.
September 2015, chi new emperor is informed by police, he Ruiquan is in cleaning out the telegraphic broadband mark that sells on treasure is illegal income, made get blame of data of computer information system illegally, the set term of imprisonment that be sentenced 3 years, probation 5 years, fine 500 thousand yuan.
The partner that Chi new emperor is regarded as He Ruiquan accepts investigation.
On June 16, 2017, procuratorate of people of division of Nanjing city incredible connecting with the boxing skill to to sue of court of people of Nanjing city Xuan Wu district, accusation Chi new emperor makes conceal, conceal guilty earning blame, the court hears this case.
Begin from October 2015, chi new emperor by await trial of be bailed out, till July 2018 first instance adjudicates an end.
The partial content of judgment of first instance of ▲ this case suffers the person that visit to offer a plan
Focus: Whether to know broadband date is illegal income
The procuratorate thinks, chi new Di Zaiming realizes gain of law of broadband date dispute, still be bought and resell gets a benefit 5000 yuan or so.
There is He Ruiquan testimony in the evidence that first instance judgment provides. He Ruiquan says to had not told Chi new him emperor is telegraphic staff member, in testimony, he Ruiquan says " write down what how must not tell with him about what Zhang date where comes, the name of telegraphic broadband Zhang that he knows me is come out through sweeping date software... the school begins to check again, make me a bit more careful, so he should know himself origin of these name of telegraphic broadband Zhang are frame-up. So he should know himself origin of these name of telegraphic broadband Zhang are frame-up..
The partial content of judgment of first instance of ▲ this case suffers the person that visit to offer a plan
First instance judgment shows, decide the evidence that Chi new emperor commits a crime, because Chi new emperor serves as undergraduate, adult,basically be, should know " broadband Zhang date should be dealt with to the postal service hall of Chinese telecommunication, also can go up in telegraphic net postal service hall or the net inn of authorization of day cat government is dealt with, above all needs Id to deal with " . In the meantime, chi new emperor is in in He Ruiquan when buying broadband number " did not send certificate, the reverse side and hold id card half person is illuminated " , do not accord with national real name to make a provision.
The partial content of judgment of first instance of ▲ this case suffers the person that visit to offer a plan
Chi new emperor firm saying oneself do not know these Zhang name is to be obtained illegally. "The store cleaning out treasure at that time had opened He Ruiquan 6 years, and it is diamond shop, I am trustful for certain. " Chi new emperor says to red star news so.
Apologetic word of Du Jiaqian weighs the counsel for the defence of Chi new emperor, chi new emperor and Herui show in complete chatting record, the broadband number that He Ruiquan weighs sale all the time is to pass " acquaintance " , " friend " deal with those who come out. In the chatting record of Chi new emperor and He Ruiquan, the Zhang name that He Ruiquan mentions his sale is date of outside school Zhang, with noninterference of each other of the broadband inside school. Below the circumstance that in Chi new emperor enquired repeatedly in October 2014, he Ruiquan's answer deepens him telecommunication interior to have the impression of acquaintance in side Chi new emperor all the time, two people are done not have again later discuss with respect to this matter.
"Wherefrom later, the Zhang mark that I think he sells me all the time is gained through the acquaintance of telegraphic interior, also had never thought this is illegal income. " Chi new emperor says so. And the procuratorate thinks, chi new emperor has sufferred the undergraduate of higher education as, should have discern the place that clean out treasure sells broadband date whether legal capacity.
The procuratorate maintains Chi Xin Diming to tell another witness with Zhang name illegal origin is two people mention in chatting record " sweep bugle call " . The He Ruiquan that has been adjudicated admits, zhang date passes purloin of the software that sweep bugle call, and in two people chatting record, chi new emperor mentions likewise: "Can you sweep a date give me? " to this, during Chi new emperor says to be contacted with He Ruiquan, "Sweep bugle call " had appeared only, and oneself do not know " sweep bugle call " a kind of be He Ruiquan measures that get Zhang bugle call illegally, be " say downward down He Ruiquan " .
In July 2018, new emperor of Chi of court decision of first instance of court of people of division of Nanjing city incredible connecting with the boxing skill makes conceal, conceal guilty earning blame, sentence fine RMB 10 thousand yuan, instruct new emperor of Chi of the accused person to retreat capture to violate earning 5000 multivariate.
The ministry one's duty of judgment of first instance of ▲ this case is allowed, check just maintains Chi new emperor to gain profit illegally more than 5000 yuan, paraclete thinks the accused person gains profit amount does not suffer the person that visit to offer a plan to 5000 yuan
Refuse to obey after first instance appeal, 2 careful had be notted adjudge
When taking report, chi new emperor mentions appeal, he holds to himself innocent.
On September 18, open a court session of court of Nanjing city intermediate people hears this case, be in live show. In the court, counsel for the defence referred Chi new emperor new evidence, and ask the court takes work to attune of telegraphic company application use a daily record, apply for to open software of He Ruiquan that sweep bugle call, whether can be so that examine,software used.
Counsel for the defence emphasizes Chi new emperor, chi new emperor is in during gotten benefit is not 5000 multivariate however 2000 multivariate. To this, relevant evidence once was mentioned in first instance judgment, the court defends to this the opinion did not grant to adopt at that time.
The partial content of judgment of first instance of ▲ this case suffers the person that visit to offer a plan
In front courtyard careful, red star news notices, check just did not show new evidence, decide He Ruiquan is guilty still mix the evidence when first instance is same. Check just emphasizes all the time in front courtyard careful, chi new emperor serves as an undergraduate, should can judge the date dispute magic art that the inn that clean out treasure sells, in emphasizing Chi new emperor and He Ruiquan chatting again, appear " sweep bugle call " word.
Counsel for the defence calls Chi new emperor the software that sweep bugle call half-baked, the software sweeping bugle call that hope check just can use He Ruiquan is fair show. Check just says the software that sweep bugle call and this case have nothing to do, need not fair show.
This case was not adjudged on the court.
Chi new emperor says, during be being investigated, feel scared all the time, "Indignant later " . He says, "Originally I plan to take an examination of grind, but open a court session delayed time, I also was not taken an examination of. And one's deceased father grind to still politics is examined, I also abandoned. " Chi new emperor tells red star news.
Xie Wen of Piao of red star journalist
