Abstract: After careful investigation by the judicial organs, it is found that the criminal suspect transactions amounted to more than 23 million yuan, stealing and buying profit amounted to more than 1.05 million yuan. What people are about to see is that criminals may be sentenced to life imprisonment.
Everything in the world has its advantages and disadvantages, so does the Internet. Now in the information age, the network makes people communicate infinitely, but the network security problem comes along with, the net silver is stolen, fictitious money is stolen, private information is leaked, even the cabbage in the network garden is stolen and so on. In the stock market, investors enjoy the convenience of network transactions, but security accounts are also facing new challenges.
In the spring of 2009, there were a group of people who tried the net and were caught red-handed.
The story originated from the stock exchange monitoring room real-time monitoring system to automatically catch an unusual transaction. Alarm sounded soon, the lead report sent to the SFC Inspection Bureau, the local Securities and Supervision Bureau, Public Security close collaboration, the crime suspect scene was arrested, followed by the main members of the criminal gangs. After careful investigation by the judicial organs, it is found that the criminal suspect is up to more than 23 million yuan, and the profit of stealing is more than 1.05 million yuan. What people are about to see is that criminals may be sentenced to life imprisonment.
This reporter recently visited the Shanghai Stock Exchange, the relevant departments of the Securities and Futures Commission, Hubei office, Jingzhou Public Security Bureau and other cases, and interviews with the investigators, analysis of the case to caution market participants, enhance the awareness of self-protection investors.
The cabbage in the Web garden has been stolen, may affect your mood, may find a way to plant. If your securities account is being stared at, I'm afraid I'll be in big trouble.
Mr. Yang, a Shanghai shareholder, has suffered such a thing. When he inquires the funds account on February 18, 2009, found that the account of hundreds of thousands of yuan assets have disappeared, only hundreds of pieces left!
"By planting trojans and viruses to investors ' computers, to steal the investor account password, then manipulate the investor account, and the control of the account repeatedly between the exchange of some securities, earn spreads, the assets of investors account, ants move into their own control of the account", just solved the "Xingdongdong" Gang theft Securities account case Jinzhou Public Security Bureau Network Investigation Detachment Commissar Li Enzhong to this reporter said.
The data provided by the Jingzhou police show that at present, the "Xingdongdong" gang control accounts are distributed in Hunan, Hubei provinces of several regions, the amount of trading securities up to more than 23 million yuan, profit from 1.05 million yuan.
The latest development of the case is that December 7, 2009 Jinzhou Procuratorate has been served on the Jinzhou Intermediate People's Court to prosecute, proposed to the principal sentenced to life imprisonment.
Netting a Thief
April 27, 2009 10:52 A.M., the Shanghai Stock Exchange real-time monitoring system alarm rang: a securities trading price rose by 9.6% in a minute, the transaction price is obvious.
"The monitor then looks at the transaction record, Huatai Securities found that a sales department of the ' Fang xx ' account low buy high selling profit, its counterparty is Guotai Securities Zhengzhou Garden Road Sales Department of the ' Meng xx ' account of the loss, preliminary judgment, trading behavior suspected of the same person control, The perpetrator may be the person we have been tracking for a long while. "The Shanghai market supervision people told our correspondent.
Under the Securities Enforcement cooperation mechanism, the SSE took immediate action.
On the one hand, immediately report the relevant situation to the CSRC, under the unified coordination of the SFC, to the Hubei Bureau of the crime, the local public security bulletin just found new clues and suggested that they take immediate action. On the other hand, immediately notify the stolen party account transactions in the securities business, ask them to contact the customer immediately, confirm the account is stolen, suggest that it take effective measures to prevent the theft of further expansion, and timely report to the police. At the same time, SSE also informed the accounts involved in the designated securities Business Department, closely follow the account trading trends, set out to prepare customer account opening information, transaction IP, fund account information and other related materials.
"Received the call from the SSE and the Inspection Bureau, the Bureau leadership attaches great importance to the rapid response, immediately make full deployment." Hubei Securities and Regulatory Bureau relevant people to this reporter said.
First, the new situation was immediately notified to the Public Security Bureau of Hubei province, and request rapid detection, and strive to solve the case as soon as possible; the second is quickly to Huatai Securities department concerned responsible person to understand the relevant situation, and clearly request to the suspected embezzlement account for real-time monitoring; third, coordinate the sales department to reflect the situation to Jingzhou police, and actively cooperate with the police action.
To undertake the case of Hubei Jingzhou Municipal Public Security Bureau Network Supervision Detachment, after careful investigation, found that "square xx" account online login address is Jinzhou Jinzhou District "Tian Jia" internet cafes.
The hands of the clock pointed to 11:35, and a large net had been woven into it.
"When we arrived at the Internet café, the suspect had slipped away!" "Responsible for the operation of the" total planning "-Jinzhou Public Security Bureau Network Supervision Detachment Commissar Li Enzhong to this reporter said:" We continue to monitor ' Fang xx ' account, found in the 2:45 in Shashi District ' Kyushu Network City ' internet cafes online 10 minutes, unfortunately, and so we arrived, and then off the line! ”
The day Action No fruit, Jingzhou Network Supervision Detachment convened an emergency meeting overnight.
"The meeting I proposed, can not only stare at the securities trading when the IP, because the securities trading department to provide IP, there is delay, positioning after the scene is too late, it is important to peg his money transfer." Li Enzhong said: "Immediately, we contacted the ' Square xx ' account funds deposit management of the local ICBC, the fund account has been monitored."
That night, the police soldiers divided into four roads, respectively, monitoring the ICBC account of the transaction, the crime account exchange in the sales department, Jinzhou District and Shashi District related Internet cafes.
April 28 8:48 A.M., the bank investigation team found the target-the suspect is at an ATM machine to withdraw money.
The result is no suspense, suspect Xingdongdong was captured at the withdrawal scene.
June 2, the case of another criminal suspect Li Wei, Xuminrong was arrested by the police.
23 million: 1.05 million of the proceeds
According to Xingdongdong, they are a group of people doing this, and he is only responsible for the money, the other four associates are: Li Wei, xuminrong, Guige, Jianhua (the latter two are currently at large), of which Li Wei is the mastermind.
"They are more clear division of labor, there is in the Internet to grow Trojan virus, the operation of securities account trading, there is a special charge to take money," Li Enzhong said: "These people to meet the way to contact, contact is very primitive, never call, even the public telephone is not." ”
Li Wei called this method "Bin Laden mode", means that Osama bin Laden was after the U.S. military tracking satellite telephone signal bombing after no longer use any communication equipment, so that they in the information age in the most original security situation.
In this way, although a few people in the network for theft, but never use QQ and other online instant messaging tools, do not play online games, each time the Internet is very short, "difficult to find whereabouts."
With such a "high IQ" of the anti-investigative ability, stunning! However, this reporter from the police to provide information to see, has been arrested Li Wei, Xingdongdong, Xuminrong Three people are Hubei province Shishou, about 20 years old, junior high school education, jobless.
"Li Wei is the mastermind, others do not know how to do (with planting Trojan theft account password), is his proposed, before also because of the crime of theft by Shenzhen South Mt. District People's Court sentenced to two years in prison, just a sentence full release, came out and began to dry again." "Li Enzhong said.
According to Li Wei told the police, they choose several standards of account: one is not often used to avoid in a short period of time to be found, and the second is the relatively large amount of money on the account, at least hundreds of thousands of, so as to facilitate the sale of securities and generate spreads to profit.
Transaction records show that in the three trading days from February 16, 2009 to 18th, the "Lai xx" account in accordance with this mode of trading cycle operation, and misappropriation of accounts occurred in 11 varieties of transactions, the cumulative purchase of 606 hands, sell 606 hands, the transaction amount of 680586.9 yuan, profit 50610 yuan (not calculated transaction costs).
The data from the Jingzhou police showed that within a few months, the Xingdongdong gang used to steal the account of a total of 21198 transactions, the transaction amount of up to 23730411 yuan, profit from 1057613.4 yuan.
July 31, Jinzhou Public Security Bureau transferred the case to the Jinzhou people's Procuratorate for review and prosecution. December 7, Jinzhou procuratorate to the Jinzhou Intermediate People's Court formally filed a lawsuit.
Qualitative theft, or sentence to the indefinite
"We are suing for theft. "Jinzhou Prosecution Office Li Director of the reporter said, in view of the huge amount of the case, directly to the Jinzhou Intermediate People's Court to bring a lawsuit.
In fact, in the course of investigation, Jingzhou police have put forward two charges: the importation of computer virus crime, theft, but the final transfer of the examination and prosecution only retained a charge of theft.
"The purpose of the suspect is to steal someone else's password, and ultimately to steal money, not to enter the computer virus, the importation of the virus is to achieve the ultimate goal of the means of action, but also in line with the secret theft of other financial elements." Li explained.
As for the prison term, because of the huge amount of theft, the prosecutor's Office recommended that life imprisonment be in accordance with the relevant laws and regulations of the most serious circumstances.
In the profit of the Xingdongdong Gang of more than 1.05 million yuan, take a total of more than 400,000, has been squandered, the rest of the funds are controlled, belong to the theft.
As to whether the amount of theft reached a "particularly large" standard, because of the uneven economic development in various provinces, the scope is also inconsistent. For example, in the relevant judicial interpretation of high law, the basic scope of the central region is 150,000 to 300,000, the Hubei region takes the median and 180,000 as the boundary. It is clear that the case should be of a particularly large amount of theft.
"For example, the first defendant, Li Wei, is the author of the offense, in the case of the main responsibility, at the same time in Shenzhen for the same charge of theft was sentenced to criminal, five years recidivism, should be heavier punishment," Li said: "Of course, the case is a little special, ordinary theft is the highest penalty is life, from the weight can only from the period. ”
For Xingdongdong and Xuminrong, the prosecutor's Office recommended a term of imprisonment of 10 years to life imprisonment.
It is noteworthy that the case in the prosecutor's review stage has been twice returned to the Public security supplementary investigation, because the amount of the theft of the calculation method is inconsistent, so that the amount of theft is different.
There are three methods of calculation for the current amount of theft.
First, the simplest direct method, that is, to the original amount of the stolen account, directly reduce the remaining amount, that is counted as the amount of theft, regardless of the middle price difference and loss.
"This method of calculation is relatively simple, but the disadvantage is that the actual defendant does not necessarily occupy this amount, (using this method of calculation) to protect the legitimate rights and interests of the accused do not enough, to the accused is very unfavorable," Li said.
Public security in the first transfer of the review is calculated by this method, after full communication after the second calculation method, that is, the suspect's account on the theft of money and the difference between the original money, for the amount of theft.
There is also a way to calculate the deduction of transactions in the process of tax loss, relatively complex, not much used.
December 7, the Jinzhou Procuratorate to the case on the Jinzhou Intermediate People's Court for prosecution, the courts have been entertained, and will be open for the day of trial.