Trial site

　　75-year-old Sun Popo bought an old mobile phone. She can’t even send SMS, but the police found out that her mobile phone sent a lot of fraudulent SMS. What’s the matter?

　　Last year, police in Panzhihua, Sichuan successfully cracked a case of illegally controlling computer information system. On February 23 -24 this year, 19 suspects involved in the case were prosecuted, including 2 graduate students, 5 undergraduate students and 5 junior college students. This is a typical high IQ new Internet crime case.

　　During the trial, the black industrial chain behind it was unveiled. In this case, the criminal suspect took the elderly function machine as the crime carrier, implanted Trojan horse programs in the production of the elderly function machine, controlled the function machine through overseas servers, and carried out criminal activities in various ways, such as sending short messages in groups, obtaining SMS verification codes, and colluding with SP vendors to secretly deduct fees. The case involved 31 provinces, municipalities and autonomous regions, involving millions of mobile phones, involving more than 200 million yuan.

　　A fraud clue leads to a big case.

　　Millions of old machines have been implanted with Trojan horses.

　　Time went back to March 12th last year, and the East Branch of Panzhihua Public Security Bureau received a fraud clue: Yang Mouqi, a citizen of Chengdu, was defrauded of 6400 yuan by a mobile phone fraud message. After investigation by the police, the user of the mobile phone number is Sun Mofang, a resident of Panzhihua East District, who is 75 years old this year.

　　The police retrieved the call list of the mobile phone number since December 2019 and found that the mobile phone number sent more than 380 text messages to more than 200 mobile phone numbers, and there were a large number of 2G Internet traffic records. But in fact, Sun Mofang will only use the elderly to dial several shortcut numbers set by her children, and will not operate the mobile phone to send text messages.

　　Further investigation by the Netan police found that the mobile phone was implanted with a Trojan horse program to control the mobile phone, controlled by an external server, and sent fraudulent short messages to others. After the case was finally cracked, a large amount of background server data was obtained and more than 20,000 suspicious mobile phones were seized.

　　After further investigation, the police found that the criminal gang headed by Chen registered a special technology company in Shenzhen to produce mobile phones and sell the elderly phones with Trojan horse function to the market. Once the mobile phone is purchased and used as a card, it will actively send the mobile phone number to the criminal gang, and automatically connect with the background server of the technology company to achieve the purpose of controlling the target mobile phone.

　　After finding out the organizational structure of the whole criminal gang, the task force went to Shenzhen, Zhejiang and Chongqing to carry out the network collection work, destroyed the criminal gang in one fell swoop, and obtained a large amount of background server data and more than 20 thousand unsold mobile phones equipped with Trojans. Later, the background service data showed that millions of mobile phones were involved, involving more than 200 million yuan, and the victims were all over 31 provinces, municipalities and autonomous regions.

　　Illegal control of mobile phones for profit

　　The amount of illegal income of gangs reached 200 million yuan.

　　On February 23 -24 this year, the Eastern District Court of Panzhihua City publicly heard the case.

　　The procuratorate accused that since 2013, the defendant Chen has successively cooperated with the defendants Bao Moliang and Deng Mou to realize illegal control of the mobile phone by implanting the Trojan horse program into the mobile phone, and then successively carried out illegal profit-making activities such as value-added service subscription, verification code interception, and short message group sending on the already controlled Trojan mobile phone, with many victims. In the process of illegally controlling mobile phones for profit, the defendant Chen Moumou and others jointly obtained illegal income of RMB 207.47 million.

　　The procuratorial organ believes that the defendant Chen Moumou and others illegally controlled the computer information system in violation of state regulations, and the circumstances were particularly serious. Their actions violated the provisions of the second paragraph of Article 285 of the Criminal Law of People’s Republic of China (PRC), and the criminal facts were clear and the evidence was true and sufficient. Therefore, criminal responsibility should be investigated for the crime of illegally controlling the computer information system.

　　During the trial, both the prosecution and the defense fully expressed their opinions and gave evidence and cross-examined the evidence involved. In response to the opinions put forward by the defendant and the defender, the court informed the appraiser to testify in court after the application of the public prosecution agency, and the essence of the trial was reflected.

　　Due to the complexity of the case and the large number of people involved, at the end of the trial, the court announced an alternative verdict.

　　Gang members have high academic qualifications.

　　12 people above junior college, including 2 graduate students.

　　According to the People’s Court of East District of Panzhihua City, the case of 19 people, including the defendant Chen Moumou, suspected of illegally controlling the computer information system was heard in public, which was the first case of illegally controlling the computer information system tried by the court system of Panzhihua City since the crime was newly added in the Criminal Law Amendment (VII) of People’s Republic of China (PRC) in 2009.

　　According to the court, among the 19 suspects involved in the case, 2 have postgraduate degrees, 5 have undergraduate degrees and 5 have junior college degrees, with 58 files and some electronic evidence, which is a typical new Internet crime case with high IQ.

　　"The crime of providing intrusion and illegal control of computer information system programs is a new crime in criminal law in recent years. The Internet is not a place of extra-legality. Any act of using illegal technical means to engage in illegal and criminal activities on the Internet will be resolutely cracked down by the judicial organs and punished according to law. " The judge said that in this case, there were 12 suspects with college education or above, and the bright future was destroyed, which was embarrassing.

　　The judge reminded:

　　As mobile phone users, the masses should be vigilant and discerning. Some old machines produced by informal manufacturers may have hidden dangers of being implanted with Trojan horses. It is suggested to buy electronic equipment produced by regular manufacturers in regular stores. Don’t easily click and download links and programs from unknown sources, and don’t easily disclose personal information to outsiders. The elderly and teenagers are the key groups of criminals who commit fraud, so it is necessary to strengthen publicity and education for the elderly and students at home. If the tariff is abnormal, it is necessary to check the tariff situation through the operator in time; Once cheated, call the police immediately.

　　Chengdu Business Daily-Red Star Journalist Jiang Long

　　According to the police and courts in Panzhihua East District