The "Inner Ghost" of the communications company collects the customer's mobile phone number to sell, and the personal information of citizens is sentenced!Supreme Procuratorate severely punish the industry "inner ghost"

Wang, who work in the mobile business hall, collects information such as customer phone numbers privately and sells these personal information for profit. In the end, Wang was sentenced by the court to violate the personal information of citizens. China Referee Document Network recently announced the judgment document of the case.

▲ Wang was sentenced by the court to violate the personal information of citizens

When Zhang Mingping, who operates the business hall business of Unicom, handles business for customers, uses customer mobile phones to complete the new business undertaken by customer mobile phones without knowing it, illegally profitable. According to the China Magistrate Document Network, Zhang Mouping was also sentenced to punishment for violations of citizens' personal information.

In order to severely crack down on the industry's "inner ghosts" to leak citizens' personal information illegal crimes, the highest prosecution issued the "Notice on Strengthening the Connection of Criminal Prosecution and Charity Litigation Prosecutor's Connection and Cooperation on June 21 (Notice of the Connection of Criminal Prosecution in Public interest litigation" (hereinafter referred to as "Notice").

Red Star reporter noticed that the "Notice" specifically emphasized that it is necessary to focus on financial, telecommunications, Internet, and employment recruitment industries that are prone to telecommunications network fraud risks in key areas.

Mobile "inner ghost" collects customer information for sale

According to the judgment published by the China Referee Document Network, Wang, born in 1997, was originally a staff member of a business hall of a branch of Jiangxi. In November 2018, she was sentenced to three years in prison for crime of fraud, five years in probation, and fined 60,000 yuan.

In January 2022, Wang was monitored and lived for suspected violations of citizens' personal information. In May of the same year, the Procuratorate of Jinxi County, Jiangxi Province filed a public prosecution for the crime of violating the personal information of citizens.

According to the charges of prosecutors, from November 2020 to March 2021, Wang used convenient conditions to perform their duties in the business hall of a branch of Jiangxi in China, and when the business hall handles mobile broadband, phone bill recharge and other businesses, , I privately collect the customer's mobile phone number and registered Meituan, Alipay, Taobao, Zanli, JD.com, Suning, and receiving (receiving verification) screenshots, and send this information to the WeChat group created by Jiangmiao (separated by another case) Profit. According to statistics, Wang made a profit of 6,650 yuan. After the incident, she had returned all illegal income.

The fact that the court was consistent with the allegations of the prosecution. It was also found that Wang had been detained for nine months and ten days for suspected fraud, and a fine of 10,000 yuan was paid.

Jinxi County People's Court believes that the defendant Wang has repeatedly used the position of his position to collect personal information and sell it to others in the process of performing his duties. The behavior has constituted the crime of violating the personal information of citizens. The allegations of the public prosecution agency were established.

The court found that after the incident, the defendant had frank plots, voluntarily pleaded guilty, and could be punished lightly according to law. The defendant has the plot of retreat and can be punished as appropriate. During the probation test period, Wang had a new crime, and he should cancel the crime of probation and punishment.

In the end, the court sentenced the first instance to cancel the probation part of Wang's crime of crime of fraud. If you are punished, it is decided to implement a period of three years and three months in prison, and a fine of RMB 70,000.

Recruiting the "inner ghost" of the communication industry to do new business

Case involved multiple Internet platforms

Red Star reporter noticed that Jiang Moubiao, who had been dealt with in the above case, was also sentenced by the court. Jiang Moubiao, Liu, and other criminal first -instance criminal judgments announced by Jiang Moubiao, Liu, and other criminal first instance of the criminal first -instance of citizens showed that the court found that Jiang Moubiao, Liu Mou, and Zhang Mouping violated the personal information of citizens, and sentenced to three years and eight months. , Two years and detention for six months, one year of probation, and fined 100,000 to 30,000 yuan.

▲ The man recruited the "inner ghost" of the communication industry to do new business, and was sentenced by the court for infringement of the personal information of citizens.

According to the allegations of the People's Procuratorate of Le'an County, Jiangxi Province, since November 2019, the defendant Jiang Moubiao has successively cooperated with the WeChat named "wave youth", "A Fan'er brother", "Gao Jin" and other home cooperation. APPs such as the group, Douyin registered a new user's new user's new users. Jiang Moubiao created a WeChat group to recruit and organize the business communication business (the defendant Zhang Mou to be more than 70 people) into the WeChat group to do the new business.

Jiang Mou Biao is the owner of the group. He is responsible for teaching the family operation, publishing various APP QR codes in the group, profit price, settlement of the profitability of the new home business, and receiving the home transfer profit. Pay it to the next home. Jiang Moubiao and the next family scan the customer's mobile phone number of the above apps in WeChat groups in the WeChat group without the customer's knowledge of the customer's mobile phone, or the verification received by the customer's mobile phone and the verification received by the mobile phone. The code is sent to the WeChat group established by Jiang Mou Biao, which illegally profit from it.

The prosecutor mentioned that from November 6, 2019 to July 6, 2021, Jiang Moubiao and his next family illegally made a total of more than 434,000 yuan, of which Jiang Moubiao personally commissioned illegal profit from it. A total of more than 94,000 yuan, and the next family illegally made a total of more than 340,000 yuan.

Since March 2021, the defendant Liu Mou and Shangjia Wu Mouhua (handled by another) cooperated with the new business. Liu has created a WeChat group to recruit and organize the business communication business (the defendant Zhang Moumou more than 50 people) entered WeChat group is doing new business. Liu is a group owner. The above methods are illegally profitable.

From March 2021 to July 6, 2021, Liu and his next family illegally made a total of more than 108,000 yuan from Wu Mouhua, of which Liu made a total of more than 24,000 yuan of illegal profits. Illegal profits from them have a total of more than 84,000 yuan. The defendant Zhang Mouping operated the business hall business of China Unicom. Under Jiang Moubiao and Liu, they were solicited to do new business. They used their convenient conditions for mobile phone communication. When handling business for customers, the customer did not know. The same way of illegally profit from more than 23,000 yuan in the same way.

The judgment made by the Lean County People's Court showed that the facts and evidence that the court was reviewed was consistent with the allegations of the prosecutor. The court believes that the defendants Jiang Moubiao and Liu violated relevant national regulations and organized others to sell or provide personal information of citizens to others. The plot was particularly serious; Personal information, selling or providing them to others, the circumstances are serious. The behavior of the three defendants has violated the criminal law and should be held criminally responsible for infringement of citizens' personal information.

Severe punishment of "inner ghosts" to leak citizens' personal information crime

The Supreme Procuratorate emphasizes focus on key areas such as telecommunications

On June 21, the Supreme Procuratorate issued the "Notice on Strengthening the Connection of Criminal Prosecution and Charity Litigation Procuratorate to severely crack down on telecommunications network crimes to strengthen personal information judicial protection" (hereinafter referred to as the "Notice").

The "Notice" requires to conduct in -depth work to combat the "inner ghosts" in accordance with the law to leak the work of citizens' personal information illegal and criminal work, actively cooperate with the special actions of the "clear" series, and explore the typical experience of accumulating normalized supervision and handling cases.

Focus on key industries, key areas, and key groups to carry out supervision and handling cases, including handling large -scale personal information, especially personal sensitive information, which is prone to the risk of personal information leakage risks; finance, telecommunications, Internet, and employment recruitment industries are prone to telecommunications network fraud Key areas of the risk of illegal crimes; the elderly, students such as students, students, minors and other key groups such as the aggression of illegal crimes of telecommunications network fraud.

The "Notice" pointed out that it is necessary to improve the mechanism of criminal procuratorial and public interest litigation procuratorial cooperation. Including the establishment of clues transfer mechanism, synchronization intervention mechanism, personnel collaboration mechanism, and business research and judgment mechanism. For telecommunications network fraud illegal crimes and personal information public welfare damage to show the characteristics of cross -administrative divisions, further strengthen big data empowerment, explore automatic capture and intelligent algorithm technology of keywords such as crimes, fields, and industries. On the side, break the data barrier between the business bar.

For the systemic, universal, and industrial issues of prone to illegal crimes, procuratorates at or above the provincial level can jointly supervise or deploy special rectification actions, and establish a "criminal+public interest litigation+technology" procuratorial case team to concentrate on handling major cases. The case.

The "Notice" also emphasizes that it is necessary to further strengthen the governance of network space system and traceability. Combined with the analysis and judgment of the governance of the case of supervision and handling cases, pay attention to the discovery of the problems and loopholes in law enforcement justice, industry supervision, information disclosure, comprehensive governance, etc., and accurately propose procuratorial suggestions to promote the improvement of supervision to the relevant departments, and explore to propose to the relevant network platforms Procuratorial suggestions that fulfill social responsibility in accordance with the law.

Red Star reporter Gao Xin Beijing report

Edit Tan Wangyu

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