Theft of 4 domain names by prosecutors

Original: http://www.xmnn.cn/xwzx/xmyw/200706/t20070615_233823.htm

The first Internet domain name theft case in our city was held in the Simin District People's Court yesterday morning, a 24-year-old young man was accused of theft because he had stolen 4 domain names in the Internet.

The defendant, Lintonvu 24 years old, is a Longhai person in Fujian province. Prosecutors accuse Lintonvu at the beginning of last June, through the test of Xiamen city, China Merchants Prosperity Network Co., Ltd. original staff stone an e-mail, to steal the work of customer service account number, password and business China encrypted website login password, and use this account in the last June between the landing of Business China encrypted website, Steal ebz.com,731.com, such as 4 domain names, the total purchase price for more than 50,000 yuan.

The procuratorial organ thinks, the defendant Lintonvu to illegally occupy for the purpose, 4 times secretly steals his personal belongings, the involved value RMB 50,000 yuan, the amount is huge, should investigate his criminal responsibility with theft crime.

Lintonvu said he had just wanted to give his website an easy to remember domain name, did not expect to be prosecuted.

Defendant Lintonvu: Build a station, then need domain name, then a station relatively quickly let people remember, need a short domain name, then I think by turning a domain name to build a station.

Lintong's defense attorneys believe that the value of domain name is not evaluative, so the domain name theft and criminal law of theft, although very similar, but there are obvious differences, the legal basis for the prosecution of theft crime is not sufficient.

Defense counsel: Theft is the amount of crime, the amount of theft will determine its crime and non-crime, the weight of crime and light, in this case, the indictment will be the amount of theft in the domain name of the purchase price to determine, is not appropriate.

At present, the Simin District People's court is hearing the case. Reporter Zhangli, special reporter Zhouzanma report.

Related laws:
Http://baike.baidu.com/view/5703.htm

Iv. criminal liability for this crime

1. In accordance with the provisions of article No. 264 of the Penal Code, theft of public and private property, a large amount or multiple thefts, 3 years imprisonment, criminal detention or control, and a single penalty, or a large amount or other serious circumstances, for more than 3 years and more than 10 years imprisonment, and a fine of a particular magnitude or other particularly serious circumstance, 10 years imprisonment or life imprisonment, with fines or forfeiture of property, life imprisonment or death penalty, and confiscation of property: (i) theft of financial institutions, the amount of which is particularly large; (ii) theft of precious cultural relics, serious circumstances.

2, according to the Supreme People's Court "on the trial of theft cases with the application of Law on several issues of interpretation" provisions: theft of public and private property "large", "large Amount", "the amount of extraordinary" standards are as follows:

(a) personal theft of public and private property value of 500 yuan to more than 2000 yuan, as a "large amount."

(b) Personal theft of public and private property value of 5,000 yuan to more than 20,000 yuan, for "huge amount."

(c) Personal theft of public and private property value of 30,000 yuan to more than 100,000 yuan, for "a very large amount."