Xiamen first Internet domain name theft case suspended for three years

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Fuzhou, January 18, Xinhua

(Reporter Liang) Xiamen Simin District Court recently to a theft network domain name crime case to make the first trial verdict, to steal the sentence of Lintonvu 3 years imprisonment, probation 3 years, and a fine of 5000 yuan.

At the beginning of June 2006, LINTONVU through the test to obtain a Xiamen Network Co., Ltd., the original staff stone of an electronic mailbox password, and from the e-mail address on duty in the form of the customer service on duty to know the name of the company on call, and then again through the test to obtain the attendant's e-mail, Obtain the duty account and the login password from the duty person's e-mail.

Lintong use the above account and password login "Business China" encrypted website, stealing ebz.com and other 4 domain names, the value of more than 50,000 yuan.

The court held that, Lintonvu for the purpose of illegal possession, through the password test and access to other people's e-mail, the other people stored in the e-mail address of the domain name to their own control of the electronic mailbox, in line with the characteristics of secret theft, and theft of huge amounts, acts constitute theft.

In view of the Lintonvu in the justice after the guilty attitude is better, and has all the stolen goods back to the victims, taking into account the specificity of the case of theft and other factors, decided to light punishment and apply the probation, the court has made as the sentence.

2007-06-16

Xiamen first Internet domain name theft case was held in Xiamen Simin District People's Court yesterday morning, a 24-year-old young man who stole 4 domain names in the Internet, was accused of theft by the procuratorial organ.

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, Xiamen Simin District People's court is in the trial of this case.

The first case of theft (domain name) in the province was decided by our hospital

A few days ago, our hospital to Lintong Martial theft (domain name) crime cases to make a verdict, to commit theft of the accused Lintonvu sentenced to three years imprisonment, suspended for three years, and a fine of 5,000 yuan. It is understood that the case is the first of our province to steal domain name crimes.

Simin District People's Procuratorate accused, early June 2006, the defendant Lintonvu in his temporary residence in the city of Simin District Wen Shi Road 87th, Room 1301, through the test of Xiamen, China Merchants Prosperity Network Co., Ltd., the original employee Shi Yongxiang e-mail work account and password, stealing duty customer service "Zhiban1" work account number, Password and "Business China" encryption site login password, in June 2006, using the above account number and password, successively landed "business China" encryption site, stealing ebz.com, ywh.com, 731.com, 537.com and other 4 domain names, a total value of 54702 yuan. The procuratorial organ alleged that the defendant Lintong Wu's behavior constitutes larceny, the amount of theft is huge.

After the trial found that early June 2006, the defendant Lintonvu in his temporary residence through the test of Xiamen city, China Merchants Prosperity Network Co., Ltd., the original employee Shi Yongxiang e-mail password, access to the e-mail, and through the "Business China" website modified the e-mail password, From the electronic mailbox on duty customer service Arrangement table to know on duty personnel. Thereafter, again through the test to obtain the personnel on duty on the electronic mailbox, from the attendant's e-mail to obtain the duty account number and login password. After that, the defendant used the above account number and password to login "Business China" encrypted website, steal other people's domain name. The court considers that the defendant Lintonvu for the purpose of unlawful possession, through the password test and enter the other person's contact email, the other person stored in the e-mail address of the domain name transferred to their own control of the electronic mailbox, the disposal of other people's belongings in the property owner or the custodian of the situation without knowledge, In line with the behavior characteristics of secret stealing, and the value of stealing his belongings amounted to 54702 yuan, the amount is huge, the behavior constitutes larceny. In view of this, the defendant pleaded guilty in a good manner, and has returned all the stolen goods to the victims, save the victims of economic losses, and the first offense, with good repentance performance, but also take into account the special characteristics of the case of theft and other factors, decided to light punishment and apply probation. The judgment has now been made effective.

Xiamen the first Internet domain name theft case yesterday morning in the Simin District People's court hearing, a 24-year-old young people because of the Internet in the theft of 4 domain names, prosecutors accused of theft.

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.

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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 fines; Of extraordinary magnitude or other particularly serious circumstances, 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."