>>>welcome visitor, haven't logged in. Login
Subscribe Now Contact us  
Font Size:  A A A Search “Fabao” Window English 中文 = 简体  繁体
  Favorite   DownLoad   Print
 
The People's Procuratorate of Xuanwu District, Nanjing Municipality v. Yu Gang, et al (Case of Larceny)
南京市玄武区人民检察院诉余刚等四人盗窃案
【法宝引证码】
  • Type of Dispute: Criminal-->Property Infringement
  • Legal document: Judgment
  • Judgment date: 03-18-2005
  • Procedural status: Trial at First Instance
  • Source: SPC Gazette,Issue 8,2005

The People’s Procuratorate of Xuanwu District, Nanjing Municipality v. Yu Gang, et al (Case of Larceny)
(Case of Larceny)
南京市玄武区人民检察院诉余刚等四人盗窃案

The People's Procuratorate of Xuanwu District, Nanjing Municipality v. Yu Gang, et al
(Case of Larceny)

 

南京市玄武区人民检察院诉余刚等四人盗窃案

Judgment Abstract:

 【裁判摘要】
Pursuantto Article 264 of the Criminal Law, where a defendant wrote and spreaded virusprograms to intercept other people's bank account numbers and passwords frominternet and then stole or in effect controlled the money in the internet bankingaccounts, such act committed the crime of theft. 根据刑法二百六十四条的规定,被告人利用编写、传播病毒程序在网上截取他人的银行账号、密码,窃取或实际控制他人网上银行账户内存款的行为,构成盗窃罪。
BASIC FACTS 
Public Procuratorial Organ: The People's Procuratorate of Xuanwu District, Nanjing Municipality. 公诉机关:江苏省南京市玄武区人民检察院。
Defendant: Yu Gang, male, 26, unemployed, dwelling at Sanshi Road, Ningbo City, Zhejiang Province. He was arrested on June 24, 2004. 被告人:余刚,男,26岁,无业,住浙江省宁波市三市路。2004年6月24日被逮捕。
 被告人:唐君,男,20岁,无业,住江苏省南京市玄武区文德里。2004年6月24日被逮捕。

Defendant: Tang Jun, male, 20, unemployed, dwelling at Wendeli, Xuanwu District, Nanjing City, Jiangsu Province. He was arrested on June 24, 2004.

 被告人:贺斌,男,19岁,学生,住湖南省常宁市松柏镇。2004年6月24日被逮捕。
Defendant: He Bin, male, 19, student, dwelling at Songbai Town, Changning City, Hunan Province. He was arrested on June 24, 2004. 被告人:贺科,男,23岁,工人,住湖南省常宁市松柏镇。2004年6月24日被逮捕,2005年2月4日改为取保候审。
Defendant: He Ke, male, 23, worker, dwelling at Songbai Town, Changning City, Hunan Province. He was arrested on June 24, 2004, and obtained a bail pending trial on February 4, 2005. 江苏省南京市玄武区人民检察院以被告人余刚、唐君、贺斌、贺科犯盗窃罪,向江苏省南京市玄武区人民法院提起公诉。
The People's Procuratorate of Xuanwu District, Nanjing Municipality, Jiangsu Province (the prosecutor, hereinafter referred to as Xuanwu Procuratorate) prosecuted to the People's Court Xuanwu District, Nanjing Municipality, Jiangsu Province (hereinafter referred to as Xuanwu Court) against Yu Gang, Tang Jun, He Bin and He Ke due to their crimes of larceny. 起诉书指控:被告人唐君、余刚、贺斌合谋,利用病毒程序盗窃他人的网上银行存款17400元,从中提取11860元按比例进行分配。被告人贺斌还将其利用病毒程序截取的他人网上银行账号、密码提供给被告人贺科,贺科以此盗窃他人的网上银行存款2730元。四被告人的行为触犯了《中华人民共和国刑法》(以下简称刑法)第二百六十四条北京大学互联网法律中心的规定,请依法惩处。
In the indictment it was described that, Tang Jun, Yu Gang and He Bin, the defendants, colluded with each other and stole 17400 Yuan of on-line bank deposit from others by making use of a virus program. Then they drew 11860 Yuan and distributed the money among themselves at a proportion. He Bin also provided He Ke with the on-line bank account number and password he intercepted from others with the virus program. He Ke then stole 2730 Yuan of on-line bank deposits from others with the said account number and password. The acts of the four defendants violated Article 264 of the “Criminal Law of the People's Republic of China” (hereinafter referred to as the Criminal Law), hence Xuanwu Procuratorate pleaded Xuanwu Court to punish them in accordance with the law. 公诉人当庭宣读、出示了被害人陈述、被告人供述、提取电脑磁盘内容笔录、账户交易明细记录、存款证明书、网上购物交易清单等证据。
Xuanwu Procuratorate read out and showed the victims' statements and the defendants' confession in the court, and produced evidences, such as the transcripts of the contents of a computer disk, detailed account trading records, the deposit certificates, and the on-line shopping lists, etc. 被告人余刚、唐君、贺斌、贺科对公诉机关的指控均不持异议。余刚的辩护人对公诉机关指控余刚与唐君、贺斌共同盗窃应怡红存款11860元不持异议,但提出进入“周忠舫”账户内的应怡红存款中另外的5540元没有被余刚提取,不能认定余刚非法占有这部分存款,公诉机关指控余刚与唐君、贺斌共同盗窃这部分存款的证据不足;且余刚仅编写了“木马”病毒程序和提供了账户,在共同犯罪中起次要作用,是从犯。贺斌的辩护人对公诉机关指控贺斌盗窃的基本事实和定性不持异议,但提出贺斌在共同犯罪中起次要作用,是从犯,应当从轻处罚。贺科的辩护人对公诉机关指控贺科盗窃的基本事实和定性不持异议,但提出贺科在共同犯罪中起次要作用,是从犯,归案后能够如实交代盗窃事实,且积极退赔被害人的损失,应当从轻处罚。
None of Yu Gang, Tang Jun, He Bin and He Ke had any objection to Xuanwu Procuratorate's accusation. Yu Gang's defender had no objection to Xuanwu Procuratorate's accusation that Yu Gang, Tang Jun and He Bin jointly stole 11860 Yuan of deposit from Ying Yihong, but defended that Yu Gang did not draw the other 5540 Yuan from Ying Yihong's deposit which entered into the account named Zhou Zhongfang, and that Yu Gang should not be ascertained to have illegally occupied this sum of deposit. Xuanwu Procuratorate had insufficient evidence to accuse that Yu Gang, Tang Jun and He Bin jointly stole this sum of deposit; and Yu Gang only wrote the “Trojan Horse” virus program and provided the account, thus he played a secondary role in the joint crime, and was an accomplice. He Bin's defender had no objection to the basic facts in Xuanwu Procuratorate's accusation on He Bin's larceny and the determination of the nature, but said that He Bin played a secondary role in the joint crime and was an accomplice, thus he should be given lighter punishment. He Ke's defender had no objection to the basic facts in Xuanwu Procuratorate's accusation on He Ke's larceny and the determination of the nature, but said that He Ke played a secondary role in the joint crime and was an accomplice; in addition, he could truthfully confess his larcenous facts after being brought to justice, and actively compensated the victim's losses, thus he should be given a lighter punishment. 南京市玄武区人民法院经审理查明:
It was verified by Xuanwu Court through the hearing that, 2004年2月,被告人唐君与被告人余刚合谋,由余刚负责编写病毒程序交给唐君,唐君负责传播并利用病毒程序截取他人的网上银行账号和密码,将他人的存款转入余刚在浙江省宁波市工商银行以“周忠舫”假名开设的账户;余刚从假账户中提出款后,二人平分。余刚按照约定将编写好的“木马”病毒程序交给唐君后,唐君又与被告人贺斌约定:由贺斌把“木马”病毒程序捆绑在多个网站上进行传播,将截取的他人网上银行账号和密码交给唐君,窃取他人网上银行存款后,二人按四六分成。
In February 2004, Tang Jun and Yu Gang colluded with each other to do the following: Yu Gang would take charge of writing a virus program and delivering it to Tang Jun, while Tang Jun would take charge of spreading the virus program and using it to intercept the on-line bank account numbers and passwords of others, and transferring the deposits of others into Yu Gang's account opened in the Industrial and Commercial bank of Ningbo City, Zhejiang Province in a false name, i.e., Zhou Zhongfang; after Yu Gang drew the money form the false account, they two would distribute it in equal sums. Yu Gang did follow the agreement and delivered Tang Jun the “Trojan Horse” virus program he had written, and then Tang Jun negotiated with He Bin and determined that He Bin would bind the “Trojan Horse” virus program to more than one website for spreading, and would deliver to Tang Jun other on-line bank account numbers and passwords they intercepted so as to steal the on-line bank deposits of others and then distribute them at the proportion of 4 to 6. 2004年4月21日、22日,被告人余刚、唐君、贺斌采用上述作案手段,先后四次将中国工商银行九江市分行储户应怡红账户内的存款17400元转入“周忠肪”账户。余刚从“周忠舫”账户内提款11860元,按约定的平分比例留下5930元,给唐君转汇5930元。唐君按四六分成比例留下2372元后,给贺斌汇款3558元。4月26日下午,应怡红在中国工商银行九江市分行浔阳大道储蓄所存款时,发现自己账户内17400元存款被盗,立即报案。九江市公安局从“周忠舫”账户内追回应怡红的存款5540元。
On April 21 and 22 of 2004, Yu Gang, Tang Jun and He Bin adopted the abovementioned means of committing the offense, successively transferred 17400 Yuan of deposit in the account of Ying Yihong who was a depositor of Industrial and Commercial Bank of China, Jiujiang Branch into Zhou Zhongfang's account for four times. Yu Gang drew 11860 Yuan from Zhou Zhongfang's account. He left 5930 Yuan for himself according to the agreed proportion, and remitted the other 5930 Yuan to Tang Jun. Tang Jun left 2372 Yuan according to the proportion of 4 to 6, and then remitted 3558 Yuan to He Bin. In the afternoon of April 26, when Ying Yihong deposited money in the Xunyang Avenue Savings House, Jiujiang Branch of Industrial and Commercial Bank of China, and found the 17,400 Yuan of deposit in her own account was stolen, and immediately reported to the police. Jiujiang Municipal Public Security Bureau recovered 5540 Yuan of deposit for Ying Yihong from Zhou Zhongfang's account.
......
 本案审理中,为给被害人应怡红赔偿经济损失,被告人余刚主动退缴了7000元,被告人贺斌主动退缴了4860元。
......

Dear visitor, you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases. If you are not a subscriber, you can pay for a document through Online Pay and read it immediately after payment.
An entity user can apply for a trial account or contact us for your purchase.
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: info@chinalawinfo.com

 
您好:您现在要进入的是北大法律英文网会员专区。
如您是我们英文用户可直接 登录,进入会员专区查询您所需要的信息;如您还不是我们 的英文用户;您可通过网上支付进行单篇购买,支付成功后即可立即查看本篇内容;
单位用户可申请试用或者来电咨询购买。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
     
     
Scan QR Code and Read on Mobile
【法宝引证码】        北大法宝en.pkulaw.cn
Message: Please kindly comment on the present translation.
 
Confirmation Code:
Click image to reset code
 
  Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. Lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials as we dynamically expand content.
 
Home | About us | Disclaimer | Chinese