三把“金钥匙”精准办理网络犯罪案
3 gold keys accurate for cybercrime cases
检察官利用大数据对一起新型网络犯罪案件进行分析
面对日益猖獗、手段不断翻新的互联网犯罪，以更高质量的办案和监督，为大局服务，为人民司法，是浙江杭州检察人的共识。
It is the consensus of the Zhejiang State Attorneys that, in the face of growing Internet crime, the means are being refurbished to provide better quality case handling and monitoring, to serve the larger authorities and to provide justice for the people.
据统计，2017年至2020年上半年，杭州市两级检察机关共批准逮捕网络犯罪案件1408件3367人，提起公诉1592件5309人，其中，2019年起诉人数较2017年增加93.41%，两年间上升了近一倍。
According to statistics, between 2017 and the first half of 2020, 1408 arrests and 1,592 prosecutions of 5309 cybercrime cases were approved by the Hangzhou municipal prosecution authorities, with the number of prosecutions increasing by 93.41 per cent in 2019 compared to 2017 and nearly doubling in two years.
身处“互联网之都”，检察机关如何保障数字经济的健康发展？杭州检察人通过不断探索实践找到了“金钥匙”。
In the capital of the Internet, how does the prosecution guarantee the healthy development of the digital economy? The Hangzhou prosecutor has found the “gold key” through continuous exploration and practice.
A“特种部队”
A's Special Forces
团队作战战无不胜
今年8月27日，高某、张某帮助信息网络犯罪活动案被杭州市江干区检察院依法提起公诉，之后，法院开庭并当庭宣判，以帮助网络犯罪活动罪判处被告人高某有期徒刑一年零六个月，并处罚金1.5万元，判处被告人张某有期徒刑一年零二个月，并处罚金1万元。据悉，此案系两高《关于办理非法利用信息网络、帮助信息网络犯罪活动等刑事案件适用法律若干问题的解释》出台后，全国首例为网络诈骗犯罪提供微信解封案。
On 27 August of this year, the Prosecutor's Office in Jianggan District, Hangzhou, opened a court hearing and sentenced the defendant to a higher term of imprisonment of one year and six months for cybercrime and a fine of 15,000 yuan and a fine of one year and two months and a fine of 10,000 yuan for cybercrime. The first case in the country was reported to be the two-highest issues of interpretation on the law applicable to criminal cases involving the illegal use of information networks, the facilitation of information cybercrime activities, etc.
“微信解封并不是司法解释里明列的行为，该行为能否认定帮助网络犯罪活动罪？”刚接到这起案件时，有着12年办案经验的检察官潘颖颖也有些迷茫，如何准确适用司法解释是她面临的首要问题。在查阅大量资料后，潘颖颖发现并没有判例可以借鉴。
“Micro-sealing is not an act specified in a judicial interpretation, and can the act be found guilty of aiding cybercrime activities?” When the case first came to her, the prosecutor who had 12 years of experience with the case was Ban Innocence and somewhat confused, and how to apply it accurately was the first problem she faced. After looking at a large amount of information, Pan Innocence found that there was no case law to draw on.
所幸，杭州市检察院有一支“特种部队”——网络信息犯罪专业办案团队。该团队首批33名成员来自全市两级检察院，都是在打击网络犯罪上有着丰富经验的检察干警，他们平时分散在各自岗位，一旦遇到涉网疑难案件随时集结，合力攻坚。作为成员之一，潘颖颖想到向“总部”求助。
Fortunately, the Hangzhou City Public Prosecutor's Office has a “special task force” – a specialized cyber crime team. The first 33 members of the team come from the city's public prosecutor's offices. They are police officers with extensive experience in the fight against cybercrime.
团队领衔人、全国检察业务专家、杭州市检察院第一检察部主任桑涛第一时间回应了潘颖颖的疑惑：“这两年网络诈骗发展迅猛，也催生出一系列黑灰产业链，微信解封就是其中一种。严厉打击该类黑灰产业，对破坏整个犯罪链条、从源头上打击上下游网络诈骗犯罪意义重大。”
The team leader, the national expert in prosecutorial operations, and the director of the first prosecutor's department of the Hangzhou City Public Prosecutor's Office, Santao, responded firstly to Pan's ingenious doubts: “These two years were a period of rapid cyber-fraud, which also gave rise to a series of black and gray industrial chains, one of which was the micro-lettering of the black and grey industry.
得到了明确答复，潘颖颖的工作随即进入下一环：高某、张某等人的行为是否达到应当追究刑事责任的标准？在案证据显示，高某专门成立工作室，承接微信解封业务，5个月内为1.2万余个微信账号“保号”和“解封”，对象包括诈骗分子、微商和普通用户等。微信解封业务通常分多个层级代理，仅从资金流水明细上无法核实其违法所得和支付结算金额。
There was a clear response to the question: Did Gao, Zhang, or others behave in a way that met the criteria for criminal accountability? The evidence shows that he created a special studio to carry out a micro-letter release operation with more than 12,000 micro-letter accounts, “safe” and “declared” for five months, including fraudsters, micro-businesses, and ordinary users.
如何引导侦查机关准确确定涉案金额是潘颖颖面对的又一难题。“特种部队”成员又积极献计献策，他们以专治专，用“刑事检察+信息技术”作为支撑，完善重大疑难复杂案件客观性证据。
Another challenge is to guide investigative authorities to determine exactly the amount involved. The members of the “special forces” are active in providing advice, supported by the “criminal prosecution plus information technology” to improve the objective evidence of serious and complex cases.
潘颖颖仔细研究案情后，向侦查机关提出了具体可操作的补充侦查意见。在检察机关的引导下，侦查机关通过电子数据勘验，对手机、电脑等存储介质上的涉案记录进行数据恢复和比对，最终查明与高某工作室有关联的“战狼”“朝阳”“美好时光”等10余个微信号均为境外诈骗团伙，查证属实的诈骗金额达90余万元。5个月间，高某、张某的支付宝、微信流水资金有百余万元。
Following careful examination of the case, the investigating authorities were provided with specific and operational additional investigative opinions. Under the direction of the prosecution, the investigating authorities, through electronic data surveys, recovered and compared the records of the incidents in the stored media, such as mobile phones and computers, and eventually identified more than 10 micro-signals, such as the “Wolves” and the “Good Time” associated with the tall studios, as being offshore fraud rings with a proven amount of more than $900,000. In five months, the amount of fraud was more than 1 million yuan.
“通过侦查实验，我们还发现在解封微信时系统会有提示，告知用户账号被封停的原因。”检察技术人员提供的这条信息无疑为潘颖颖认定高某、张某主观明知增加了确信。
“As a result of the investigation experiment, we also find that the system will provide a hint when the micro-letters are unsealed and the user's account numbers are blocked.” This information provided by the investigator undoubtedly adds confidence to Ban's belief in highness and a certain subjective knowledge.
聊天记录、证人证言、被告人供述与辩解……提起公诉的关键证据链最终形成，全国首例微信解封案被顺利公诉并获判。自2020年3月25日成立以来，杭州网络信息犯罪专业办案团队指导全市检察机关办理20余件涉新型网络犯罪疑难复杂案件。
Since its establishment on 25 March 2020, the Hangzhou Network Information Crime Professional Team has directed the prosecution service to more than 20 complex cases involving new forms of cybercrime.
B外脑智库
专治“疑难杂症”
specializes in "synchronous diseases"
明明“秒点”鼠标，而且网速飞快，却怎么也抢不过别人，这样的场景对网购一族来说应该不会陌生。在感慨别人家网速如此“神奇”的同时，也许你不会想到跟你比赛的，可能是一款作弊软件。
Even though the second point of the mouse, and the speed of the net, can't get anyone else, it shouldn't be a strange scene for the Internet acquisition community. While appreciating the “miraculous” speed of the Internet, perhaps you wouldn't think of competing with you, probably a cheating software.
“网络犯罪手段的专业化、智能化无疑给办案增加了难度。”作为一名经验丰富的检察官，面对作案手段不断“推陈出新”的网络犯罪，杭州市检察院第一检察部副主任李鹏有时也会感到困惑，“查办网络犯罪面临证据收集固定难、定性处理难、认识统一难等问题，破解网络犯罪疑难杂症需从技术、理论等层面寻找一剂‘良药’。”
“The professionalization and intellectualization of cybercrime techniques has undoubtedly made the case more difficult.” As an experienced prosecutor, the Deputy Director of the First Prosecution Department of the Hangzhou City Prosecutor's Office, Li Peng, is sometimes confused in the face of the constant “new” use of cybercrime, “the problem of investigating cybercrime is that it is difficult to collect evidence, to characterize it, to understand it, and to find a “good drug” at the technical, theoretical and other levels.”
犯罪嫌疑人的行为是民事欺诈还是诈骗犯罪？是否具有处罚必要性？如果构罪，犯罪数额如何认定……今年7月，因办理一起利用作弊软件抢红包“薅羊毛”的新型网络犯罪案件遇到一些困惑，杭州市检察院召集办案民警、法官、专家学者，结合国内外刑法学理论，就案件的社会危害性、刑法因果关系等问题进行研讨。
In July of this year, there was some confusion over the handling of a new type of cybercrime case involving the use of fraudulent software to rob a red bag of “hair” and the convening by the Hangzhou City Public Prosecutor's Office of a civilian police officer, a judge, an expert scholar to examine the social dangers of the case and the causes and consequences of criminal law, in the context of domestic and international criminal law theory.
“推广虚假流量本身也算是流量，那么虚假流量算不算是虚构事实”……研讨会上，“外脑”智囊团们给检察官带来了一场“头脑风暴”，大家不时碰撞出智慧火花。
“The promotion of false flows is also a traffic in itself, so that false flows are not a fictional fact”... At the seminar, the “outer brain” think tank brought a “brainstorm” to the prosecutors, and there was a spark of wisdom that everyone occasionally collided.
近年来，杭州市检察院不断加强与高校、互联网企业等单位的常态联动，加大网络犯罪师资库、案例库、课程库等“智库”建设力度，推动网络犯罪案件办理提质增效，充分利用“互联网”+区位优势，加强与阿里巴巴、网易等大型互联网企业的合作，以线上培训、互派交流等形式，加大“互联网+法律”跨界人才的培养力度。
In recent years, the Hangzhou Municipal Prosecutor's Office has continued to strengthen its regular links with institutions of higher education, Internet enterprises, etc., and has increased its efforts to build “think tanks” such as the cybercrime teachers' pool, case banks, curricula, etc., to promote greater efficiency in the handling of cybercrime cases, to take full advantage of the “Internet”+ district advantage, to strengthen cooperation with large Internet enterprises such as Alibaba and Internet-friendly, and to increase the development of “Internet+Law” cross-border talent in the form of online training and exchange of information.
在办理一起涉嫌利用办理、出售、购买对公账户实施网络诈骗案件时，刚刚参加完检察机关与阿里巴巴联合组织的打击网络犯罪线上培训的杭州市检察院第一检察部办案人员苏苗灿享受到了“红利”：“我们引导侦查机关借助阿里安全技术方法对目标账户进行了锁定，从而对上中下游产业链条进行摸排跟踪，为后续的精准打击奠定了基础。”
In one case of alleged online fraud involving the handling, sale and purchase of public accounts, the first prosecutor of the Hangzhou City Public Prosecutor's Office, who had just been trained in the fight against cybercrime by the Public Prosecutor's Office and Ali Baba, benefited from the “dividend”: “We led the investigative authorities to lock the target accounts using Ali's security techniques, thereby tracking the upper-middle-down and downstream industrial chains and laying the groundwork for a subsequent precision strike.”
C大数据
C big data
网络小白的电子“小红书”
Internet small white "Small Red Book"
“Python语言”“VIEID”“雷电模拟器”“做脚”“cookie”……面对形形色色的网络专用语，检察官们常称自己为“小白”。
The “Python language” “VIEID” “Little Power Simulator” “Pocket” “cookie” The prosecutors often refer to themselves as “Small White” in the face of a variety of Internet adjectives.
“正确理解专业语言是办好案件的基础。”杭州市检察院检察技术处副处长吴荻介绍，在杭州市检察院网络犯罪与智能辅助系统里，一款专门定制的网络专用语言电子“小红书”时刻在线，只要输入关键词，承办人就能找到较精准的解释。目前该系统搜集到的500多个网络专业术语都是网络犯罪案件中比较常用的术语，是一线办案检察官根据办案实际，从法律和技术的角度作出的解释。
“A proper understanding of the professional language is the basis for the case.” U Qiao, Deputy Director of the Technical Department of the Public Prosecutor's Office of Hangzhou City, introduced the online version of the web-specific electronic “Small Red Book” in the Hangzhou City Public Prosecutor's Office's Cyber Crime and Smart Support System, where the host can find a more accurate explanation if key words are entered. More than 500 web-based professional terms currently collected by the system are more commonly used in cybercrime cases and are interpreted by first-line prosecutors from a legal and technical point of view, depending on the actual situation.
以标准化与信息化深度融合为路径，探索以大数据、人工智能为核心的信息化手段在司法办案中的应用，主动融入杭州“移动办事之城”建设，依托“城市大脑”，让办案跟上互联网、大数据、云计算的时代潮流，检察办案变得越来越聪明。
Using standardization and information depth as a path to explore the use of big data and artificial intelligence as a means of informationization in judicial cases, it is taking the initiative to integrate into the construction of the “City of Mobile Offices” in Hangzhou, building on the “city brain”, keeping cases abreast of the times of Internet, big data, cloud computing, and becoming increasingly intelligent.
桑涛表示，相对传统违法犯罪，用大数据“画”出的新型网络犯罪，轮廓更加清晰、特征更加明显。杭州市检察院结合全市网络信息犯罪案件的办理情况和网络犯罪分析系统，梳理杭州网络信息犯罪总体特点和变化趋势，发现大数据、小程序、云支付等新型网络工具都可能成为网络犯罪“帮凶”。
Santao states that a new form of cybercrime, using big data to “paint” crime, is much clearer and more visible. The Hangzhou City Public Prosecutor’s Office combines the processing of cyber crime cases and the cybercrime analysis system throughout the city, collating the general characteristics and trends of web-based crime in Hang County, and discovers that new types of cyber-crime, such as big data, small programs, cloud payments, etc., can become “associates” to cybercrime.
据了解，下一步，杭州市检察院将会同网信、法院、公安、司法、金融办、数据资源局、银行等多个部门，共同研究建立互联网犯罪预防和打击长效机制，充分运用信息技术和大数据技术手段，加强数据汇集、统筹分析、预警预报，为预防和打击网络犯罪提供数据支撑。
It is understood that, as a next step, the Hangzhou Municipal Prosecutor's Office will work with a number of departments, including the Internet, courts, public security, the Judiciary, the Financial Office, the Data Resources Bureau and banks, to develop a long-term mechanism for preventing and combating Internet crime, fully utilizing information technology and large-scale data technology, strengthening data collection, integrated analysis, early warning forecasting and providing data support for preventing and combating cybercrime.
“大数据关联”确定
"big data association" determines
特大跨境网络诈骗案涉案金额
The amount involved in the 余杭：积极引导侦查 Johang: Actively leading the investigation 查证总涉案流水2000余万 There's more than 20 million people involved in the investigation. “没有请求国际司法协助，就成功打掉了这个特大跨境电信网络诈骗犯罪集团，多亏了检察院提前介入引导侦查。”9月9日，随着该起案件中的冯某、王某、徐某等3名犯罪嫌疑人被杭州市余杭区检察院批准逮捕，杭州市公安局余杭分局电子商务犯罪侦查中队指导员张佳文不禁感慨。据悉，截至目前，这起特大跨境电信网络诈骗犯罪案件共有19人被批准逮捕，其中11人已被移送审查起诉。 “In the absence of a request for international judicial assistance, this huge cross-border network fraud ring was successfully defeated, thanks to the early intervention of the Public Prosecutor's Office in leading the investigation.” On 9 September, with the arrest of three suspects in the case, namely, Feng, Wang and Xu, by the Hangzhou municipal prosecutor's office, Zhang Ga Wen, the director of the Hong Kong City Public Security Bureau's e-commerce crime investigation squad, said that, to date, 19 persons had been authorized to be arrested, 11 of whom had been transferred for trial and prosecution. 身处阿里巴巴等互联网龙头企业集聚的特殊区域，余杭区检察院成为审查逮捕、起诉新型网络犯罪案件的最前沿。在近两年的办案实践中，电信网络诈骗犯罪逐步呈现由境内向境外转移的明显趋势，且与以往的普通电信网络诈骗案件相比，跨境电信网络诈骗犯罪案件产业化趋势明显。 In particular areas where Internet leaders such as Alibaba gather together, the Jaguar District Attorney’s Office has been at the forefront of examining arrests and prosecuting new types of cybercrime cases. Over the past two years, telecommunication network fraud has been gradually moving from home to abroad, and cross-border telecommunication network fraud is becoming more industrial than in previous cases of telecommunication network fraud. 今年年初，余杭区检察院受理了一起典型的跨境网络诈骗犯罪案件，这是一起帮助信息网络犯罪活动案。涉案几名犯罪嫌疑人控制数十个账户帮助他人洗钱，余杭区被害人李女士被某“杀猪盘”平台诈骗的6万元就转到了该团伙控制的一个微信账户。 At the beginning of this year, the Jaguar District Attorney's Office was seized with a typical case of cross-border cyber-fraud, a case of information cybercrime. Several of the suspects in this case took control of dozens of accounts to help others launder money. 在办案过程中，承办检察官发现该洗钱团伙为多个“杀猪盘”犯罪团伙提供资金支付结算服务，而这些诈骗团伙的涉案人员都在国外，侦查取证难以开展。“网络犯罪嫌疑人具有较高的计算机技术水平，越来越擅长利用网络所带来的匿名环境实施犯罪，而且境外诈骗团伙普遍采用封闭式管理，并通过专业‘水房’‘跑分平台’洗钱，反侦查能力很强。”办案民警黄辉说。 In the course of the case, the attorney-in-charge discovered that the money-laundering group was providing financial and clearing services to several “pig-killing” criminal groups, all of whom were involved abroad, and that it was difficult to investigate and obtain evidence. “The suspects in the network have a high level of computer skills, are increasingly good at using the anonymity surrounding the network to commit the crime, and are generally managed in a closed manner and money-laundering through the professional “waterhouse” `run-out platform', with a strong counter-detection capability.” The civilian police officer in the case told him. “针对这类案件侦查难、取证难、证明难等问题，我们一直坚持网络犯罪案件专业化办理，破解办案难题。”该院副检察长陈利明说。在对该洗钱团伙成员批捕的同时，承办检察官第一时间提出了数十条继续侦查取证意见，建议公安机关对洗钱团伙背后的诈骗集团继续侦查，有力打击跨境电信网络诈骗犯罪。但获取境外电子数据的问题如何解决？ “With regard to the difficulty of detecting such cases, the difficulty of obtaining evidence, the difficulty of proving evidence, etc., we have insisted on the professionalization of cybercrime cases and the resolution of the problem.” The Deputy Attorney-General of the Court, Chen Li, has stated that the arrest of members of the money-laundering group was accompanied by dozens of continuing investigations and evidentiary opinions from the host prosecutor at the first time, suggesting that the public security authorities should continue to investigate the fraud groups behind the money-laundering group in order to strongly combat cross-border telecommunication network fraud. 承办检察官又及时提出了证明犯罪事实的证据要求，引导公安机关按照特定的数据纬度进行大数据碰撞，逐步关联到了分布在全国各个省份的数十名被害人，并制定了以出入境记录和言辞证据为依托、参与期间的集团诈骗金额为支撑的犯罪数额证明标准。通过几个月的取证工作，查证的总涉案流水已达2000余万元。 The public prosecutor also submitted timely evidentiary requirements to prove the facts of the crime, directed the public security organs to carry out large data collisions at specific data latitudes, gradually reaching out to dozens of victims in all provinces of the country, and established criteria for proving the amount of crime supported by group fraud during the period of participation, on the basis of immigration records and verbal evidence. 了解到疫情期间，该诈骗集团部分成员先后回国，公安机趁机开展境内抓捕行动，共计抓获33名犯罪嫌疑人。目前该案已进入审查起诉阶段。 During the period of the epidemic, some of the members of the fraud group returned to the country and the public security forces took advantage of the opportunity to carry out an internal arrest operation, which resulted in the arrest of 33 suspects. The case is currently under review for prosecution. 有人恶意攻击公司官网 is a vicious attack on company officials . 索要比特币 Sobitcoin 滨江：从严从快办案 Liamjiang: From tight to fast. 打造“高新”检察品牌 Create a "high new" prosecutorial brand 杭州市高新区（滨江）位于钱塘江南岸，从地域面积上看只是一个“小块头”，但经济规模总量却位居浙江省县域经济前十。这里的数字经济也同样有着亮眼的“成绩单”，滨江区累计上市企业52家，总数列浙江省各区县首位，其中科创板上市公司达5家，占该省总数45%。 The city of Hangzhou, which is located on the south bank of Changang Gang, is a small part of its territory, but the economy is the top ten economy in Zhejiang province. The digital economy is also the brightest of all, with 52 enterprises listed in the Riang region, the first in all of the districts of Lei Zhejiang province, of which five are listed, representing 45% of the province's total. 高新企业的集聚、信息科技的运用，与之相伴相生的是不容忽视的网络犯罪，且呈逐年上升趋势。数据显示，2019年以来，滨江区检察院共起诉涉互联网犯罪150余人，较上年增长26%。 The concentration of high-rise enterprises and the use of information technology have been accompanied by a growing trend of cybercrime that cannot be ignored. The data show that, since 2019, the Attorney-General's Office in the Rim River Region has prosecuted more than 150 persons for Internet-related crimes, an increase of 26 per cent over the previous year. “滨江的网络犯罪案件难度尤其大，很多都是2.0升级版。不少被害单位都是区里的高新企业，案件需要从严从快办理，给检察机关带来新的挑战。”滨江区检察院副检察长吴国刚感受到了压力。 Many of the victims are high-tech businesses in the district, and the case needs to be handled quickly, creating new challenges for the prosecution service. The Vice-Prosecutor of the Attorney-General's Office of the Rim River Region, Wu, has just felt pressure. “有人恶意攻击我们公司官网，导致我们公司网站瘫痪，严重影响我们的正常业务，还向我们勒索1个比特币（约人民币5万元）。”不久前，滨江区一家知名民营企业向公安机关报案。 “A vicious attack on our network of company officials has led to the paralysis of our company's website, which has seriously affected our normal operations, and the extortion of a bitcoin (approximately 50,000 yuan).” Not long ago, a well-known private enterprise in the Rim River region reported it to the public security authorities. 接到报案后，侦查机关很快锁定了犯罪嫌疑人钟某。钟某自学过计算机，因为欠了很多外债，打起了通过DDOS手段攻击上述企业网站进而敲诈勒索的歪脑筋。他利用境外“肉鸡”服务器上的攻击软件攻击该企业网站，造成网站瘫痪，严重影响公司正常业务。攻击完成后，钟某还用多个国外号码联系企业员工，向公司敲诈1个比特币。 After the incident was reported, the investigating authorities quickly targeted the suspect, Chung, who had learned his own computer because he owed a lot of external debt and had the mind to attack the company's website by means of a DDOS. He attacked the company's website using the attack software on a foreign “kidster” server, causing the site to collapse and seriously disrupting the company's normal operations. When the attack was completed, Jong-won had used several foreign numbers to contact the company's employees and extorted a bitcoin from the company. 滨江区检察院第一时间提前介入该案，发现由于该案可能同时涉及敲诈勒索、破坏计算机信息系统等多个罪名，而不同罪名在侦查取证方向有很大差异。对此，滨江区检察院会同公安机关共同分析研判，建议从DDOS攻击来源、攻击时长、企业升级保护措施的损失等多个维度进行全面取证，从破坏计算机信息系统犯罪的角度侦查取证，以更有力地打击侵犯企业的网络犯罪案件。经查，钟某有多次前科劣迹，到案后拒不供认犯罪事实，其行为造成该企业800余万元订单损失，造成360余份交货单无法发货，9.7万台机器未能发货，少接收了130余个订单。最终，该院以破坏计算机信息系统罪对钟某提起公诉，钟某被法院判处有期徒刑五年零六个月。 The Attorney-General's Office of the Rim River Region intervened early in the case and found that, since the case could involve multiple offences, including extortion and the destruction of computer information systems, there were significant differences in the direction of investigation and evidence collection. In response, the Attorney-General's Office of the Rim River Region, together with the public security organs, analysed and concluded that there were more than 360 delivery orders that could not be delivered, more than 97,000 machines could not be delivered, and less than 130 orders were received. “我院积极适应高新区区位特色，打造‘高新’检察品牌，重视案件精细化办理，更加注重实务研究，让检察办案跟上互联网、大数据、云计算的新时代潮流。”该院检察长夏涛表示。 “We are actively adapting to the features of the high and new district, creating a `high and new' prosecutorial brand, focusing on the finer handling of cases, focusing more on substantive research, and keeping prosecution cases abreast of the new era of Internet, big data, cloud computing.” The Attorney-General of the court, Shatao, said. 聊天记录中的“BC”究竟是什么意思 What exactly does "BC" mean in the chat log ? 西湖：察微析疑，改变罪名 West Lake: Unsuspected. Changed. 提高16亿涉案金额，追诉1人 Increase of $1.6 billion in related amounts and prosecution of 1 person 追回赃款6000余万 Recovery of over 60 million in stolen money “通过严审细查、数据恢复，不仅改变了罪名，使涉案金额提高了16亿元，并追诉1人，追回赃款6000余万元。虽然被告人不认罪，但并不影响他要接受法律的制裁。”日前，得知为网络赌博非法提供资金结算业务的林某案获判，杭州市西湖区检察院检察官裘少波深感自豪。 “As a result of careful scrutiny and data recovery, not only did the charges change, raising the amount involved by $1.6 billion and pursuing one person to recover over $60 million. Although the accused pleaded not guilty, this did not prevent him from being subject to the law.” Earlier, in the case of Lin, who had learned of the illegal financing of Internet gambling, the Public Prosecutor's Office of the West Lakes Region of Hangzhou was very proud to have been convicted. 2018年12月，该案移送西湖区检察院审查起诉时，侦查机关调查发现，林某所控制的公司涉嫌为赌博网站非法提供资金结算业务，涉案资金达30亿元。但检察官审查时，林某辩称主观上并不知道资金来源于赌博网站，他不认罪。 In December 2018, when the case was referred to the Office of the Attorney-General of the West Lakes Region for a review of the indictment, the investigating authorities found that a company controlled by Lin was suspected of having illegally financed a gambling site, which involved $3 billion. However, at the time of the examination by the prosecutor, Lin argued that he did not plead guilty to the fact that he was not aware of the origin of the money from the gambling site. 为了查清林某等人是否主观明知并厘清资金走向，办案检察官一方面通过技术手段恢复被林某等人删除的数据；另一方面，从林某等人的海量聊天记录中寻找线索。 In order to ascertain whether one of the individuals in Lin is subjectively aware of and clears the direction of the funds, the prosecutor in charge of the case, on the one hand, recovers by technical means the data removed by one of the individuals in Lin, and, on the other hand, seeks clues from the volume chat records of one of the individuals in Lin. 在筛查聊天记录时，检察官发现了“BC”等字眼。林某等人口中的“BC”就是“博彩”，他们规避了敏感字，并试图通过境外的聊天工具逃避监管。有了聊天记录，加上林某员工的口供，足以证实林某等人主观上是清楚资金性质的。 In screening the chat record, the prosecutor found the word “BC.” The word “BC” in a person in Lin is a “gaming” and they avoid sensitive words and try to escape supervision by means of chatting tools outside the country. A chat record, coupled with a statement by an employee in Lin, is sufficient to confirm that someone in Lin is subjectively funded. 此外，在林某等人聊天记录中，办案检察官发现，他们都提到了一个叫“老李”的人。根据相关证据，检察官判断“老李”应该为林某的下游，但侦查机关因无法确定“老李”的真实身份，未能将其抓获。 Moreover, in Lin's chat record, the prosecutor found out that they all mentioned a man called “Li”. On the basis of the evidence, the prosecutor ruled that “Li” should be downstream of Lin, but the investigating authorities failed to capture him because they could not determine his true identity. 检察官继续深查细究，终于在一个只有3个人的小群中发现了“老李”的踪迹。原来，“老李”为收赌博赢得的钱，把自己的名字和银行卡发到了群里。根据这个信息，侦查机关将李某抓获归案。据李某供认，他作为林某的下游，为赌博网站提供资金结算业务，涉案金额巨大。 The prosecutor continued to look into the trail of "old Lee" in a small group of only three people. Formerly, "old Lee" had earned gambling money and sent his name and bank cards to the group. According to this information, the investigating authorities captured Li-Xiao. According to Li Piao, he was working as a downstream company to fund gambling websites, with huge sums involved. 检察官审查时还发现了17个相关账户可能涉案，经过数据恢复，证据对比分析，确认这些账户的涉案资金约16亿元。鉴于这17个账户中也有大额资金留存，该院及时建议侦查机关进行查封，冻结了6000余万元。 At the time of the prosecutor's review, 17 related accounts were also identified as potentially involved, and after the data had been restored, the comparative analysis of the evidence confirmed that the funds involved in those accounts were approximately $1.6 billion. Given that significant funds were also retained in those 17 accounts, the Court promptly recommended that the investigating authorities seize and freeze more than $60 million. 林某、李某等人既构成开设赌场罪，也构成非法经营罪，应择一重罪判处，故该院以非法经营罪定罪起诉。今年6月，林某被判处有期徒刑十二年零六个月，并处没收个人财产5000万元；李某被判处有期徒刑七年零六个月，并处罚金400万元。至此，一个为网络赌博非法提供资金结算业务高达46亿元的犯罪团伙被彻底摧毁。 In June of this year, Lin was sentenced to 12 years and six months in prison and to confiscation of personal property; Li was sentenced to seven years and six months in prison and a fine of $4 million. To that end, a criminal group with $4.6 billion in illegal financing of Internet gambling was completely destroyed. 受雇攻击游戏网站 employed to attack game website 还偷偷收取“保护费” also surreptitively collects “protective fees” 萧山：斩断“黑客”魔爪 Xiaoshan: Cut the claws of the hackers. 肃清网络空间 Clear the cyberspace. 近日，由杭州市萧山区检察院依法提起公诉的劳某、方某开设赌场、敲诈勒索一案，法院一审公开宣判，以开设赌场罪判处被告人劳某有期徒刑五年，并处罚金15万元；以开设赌场罪、敲诈勒索罪判处被告人方某有期徒刑三年零九个月，并处罚金1万元。听到这个判决，90后黑客方某低下了头。 Recently, in the case of Lau, a casino, extortion and extortion, which had been prosecuted by the Hangzhou City Xiaoshan Prosecutor's Office in accordance with the law, the court, at first instance, publicly sentenced the defendant to five years'imprisonment and a fine of 150,000 yuan for the opening of a casino; the defendant to three years and nine months'imprisonment and a fine of 10,000 yuan for the opening of a casino and extortion. 2018年4月，某棋牌类游戏公司老板劳某在网上结识了方某，几番交谈过后，方某告诉劳某自己是一名黑客，劳某遂提出让方某利用黑客技术对其指定的棋牌类游戏网站进行攻击。方某同意后在专业黑客的帮助下，利用DDOS流量攻击技术，先后对6家游戏公司网站实施了攻击，均导致玩家无法正常登录。 In April 2018, the owner of a chess game company, Lou, met someone online, and after several conversations, one told him that he was a hacker, and one offered to let someone use hacker technology to attack his designated chess game website. With the help of professional hackers, one agreed, and with the help of professional hackers, six game company websites were attacked, all of which resulted in players being unable to log in properly. “我们攻击的都是赌博网站。”方某称，受攻击的棋牌类游戏网站都设置了计分、结算功能，玩家在结束游戏后，会按照计分情况在线转账支付赌资，网站经营者多数对该情况也知情，所以受到攻击后也不敢声张。证据显示，方某等人在实施攻击时会备注“正义者联盟”，并且称自己的行为是在“肃清网络空间”。 "We attack all gambling sites." In one way or another, each of the attacked chess game sites has a score and settlement function, and the players end the game by making online transfers based on the score, and most of the website operators are aware of the situation, so they are afraid to speak up after the attack. The evidence suggests that some of the people in the other side would be taking note of the "Agents League" in the attack and calling their actions "cleaning up the cyberspace". “既然是为了‘肃清网络空间’，为什么还向他们定期收取‘保护费’……”讯问过程中，萧山区检察院办案检察官高新宇直指关键所在，揭开了方某等人的“真面目”。 “Why are they regularly charged `protection fees' for the purpose of `cleaning up the cyberspace'?” In the course of the interrogation, the Prosecutor of the Xiaoshan Prosecution Service, Gao Xinyu, pointed out the key to uncovering the “genuine face” of one of them. 原来，方某之所以深谙该类棋牌类网站的“套路”，是因为雇用他实施攻击的老板劳某，正是该区域内最大棋牌类游戏网站的经营者，同时也是利用该类游戏网站开设赌场的最大获利者，而他之所以组织方某和其他多名黑客对棋牌类网站进行攻击，就是为了达到垄断市场的目的。方某不仅对这一切心知肚明，还在劳某不知情的情况下，向多家游戏公司网站的经营者收取保护费，并承诺只要按期支付保护费就能免于攻击。经查，案发前，方某已通过该方法非法获利总计7万余元。 It turns out that one of the reasons why Fang knew about the chess website was because the owner who hired him to carry out the attack was the owner of the biggest chess game site in the region and the biggest profiter in opening casinos using the game site, and that the reason why he organized the attack on the chess website by one or more hackers was to achieve the objective of monopolizing the market. One of the parties not only knew all of this, but also, unknowingly, charged protection fees to the operators of many of the games’ websites and promised to protect them from the attack by paying them as long as they were due. “受利益驱使，部分掌握先进技术的黑客将魔爪伸向了网络空间。”高新宇说，“不仅如此，网络的便捷一定程度上也为类似犯罪朝着产业化、专业化的方向发展打破了空间壁垒。”该案中，从流量、脚本的提供，到实施过程中的技术支持，几乎每个环节都有黑客从事相关操作，而被告人仅需在网络上搜索关键字，就可以找到能力匹配的人员。” “Motivated by the interests, some of the hackers with advanced technology stretch their claws into cyberspace.” According to Gao Xinyu, “In addition, the ease of the network has, to some extent, broken space barriers to the industrialization and specialization of similar crimes.” In this case, from the availability of traffic, scripts and technical support in the implementation process, almost every link involved a hacker in the operation, and the defendant simply had to search the key word on the network to find a person with the ability to match it.” “黑客参与网络犯罪，往往是远程、异地操作，证据容易被销毁、人员不易被找到，提高了案件侦破的难度，也将对网络空间带来极大威胁。”高新宇表示，黑客犯罪正在朝着年轻化、低龄化的趋势发展，亟须对重点人群加强网络安全教育，提升依法管网的能力。 “The involvement of hackers in cybercrime, often remote and off-site operations, the ease with which evidence is destroyed, people are not easily found, makes cases more difficult to detect and will pose a great threat to cyberspace.” According to Gao Xinyu, the trend towards rejuvenation and ageing of hacker crime is making it imperative to strengthen cybersecurity education for key populations and to improve the capacity of legal networks. 房产中介成了侵犯公民 个人信息重灾区 Personal information disaster zone 富阳：多措并举 Fuyang: All together. 为个人隐私和信息安全筑起保护屏障 Construction of protection barriers for personal privacy and security of information 刚办完银行业务，就接到贷款骚扰电话；刚生了孩子，就接到育儿机构的推销短信……互联网时代，广告短信源源不断、骚扰电话接二连三、垃圾邮件铺天盖地，公民个人信息像是长了“翅膀”，一不留神，就变成“透明人”。 When the banking business was completed, it received a loan harassment call; when the child was born, it received a marketing message from a child-care institution... During the Internet era, advertising messages continued to be available, telephone calls were harassed, spam was spread, and citizens' personal information seemed to be “wings”, turning into “transparents”. “我们做销售的，都是共享各自的客户信息，用来推销房子，公司也没有要求我们保密，有人买我就卖了……”今年以来，杭州市富阳区检察院已陆续对47件56人涉嫌侵犯公民个人信息案件提起公诉。这些案件中被告人均系房地产行业相关从业人员，他们或利用职务便利，或出于业务需要，泄露、出卖、交换大量住宅小区的业主个人信息，严重侵害业主权益。 “We are all selling information about our respective customers, and we are selling the house, and the company has not asked us to keep it secret, and I have been bought and sold...” Since this year, the Prosecutor's Office in Fuyang District, Hangzhou, has been prosecuting 47 cases of alleged violations of citizens' personal information. In these cases, the defendants were involved in the real estate industry, either by using their job facilities or by using business needs to divulge, sell, exchange personal information of owners of large number of residential districts, thereby seriously violating the interests of owners. 调查发现，这些非法获取的个人信息，都是通过员工微信、QQ等私人通讯工具传递，涉案的中介、房产、装修、物业等公司都没有与员工签订保密协议，也没有采取有效技术措施或其他措施防止信息泄露，甚至还鼓励这种行为，如杭州某房地产代理有限公司规定业务员获取一个小区的房源信息，可得500元至1000元奖励，并在内部安装“巧房”客户系统，共享全部房源信息。该公司4家分公司的员工通过向多家房产公司、物业公司员工购买或与装修公司信息互换等方式，非法获取包含业主姓名、房号、联系电话在内的消费者个人信息5万余条。 The investigation found that these illegally obtained personal information was transmitted through private means of communication such as employee micro-letters, QQQ, and that the agents involved, property, etc., had not entered into confidentiality agreements with their employees, nor had effective technical or other measures been taken to prevent the disclosure of information, even encouraging such behaviour, such as the requirement by a real estate agent in Hangzhou to obtain information on the source of housing in a small area, with incentives of between $500 and $1,000, and the installation of an internal “fashion” customer system to share information on the entire source of the house. The employees of the four branches of the company illegally obtained more than 50,000 copies of consumer personal information, including owner's name, house number, contact phone number, etc., by purchasing or exchanging information on the refurbishment company with employees of multiple real estate companies, property companies, etc. “针对此类案件的特点，检察机关作为社会公益的代表，要为个人隐私和信息安全筑起保护屏障。”案件办理完毕后，富阳区检察院公益诉讼部门负责人何艳波表示。 “In view of the characteristics of such cases, the Public Prosecutor's Office, as a representative of the public interest, shall create a protective barrier to personal privacy and the security of information.” After the completion of the case, the head of the public interest litigation department of the Office of the Public Prosecutor of Fuyang District shall state that: 随后，富阳区检察院及时履行公益诉讼立案审查工作，于4月18日向区市场监管局发出诉前检察建议，督促该局依法履行职责。 Subsequently, on 18 April, the Office of the Public Prosecutor of Fuyang District, acting in a timely manner, issued a pre-prosecution recommendation to the Regional Market Supervisory Authority, urging it to perform its duties in accordance with the law. 区市场监管局收到检察建议后，高度重视，根据检察建议书的内容，开展了为期一个月的专项检查，依据消费者权益保护法规定，查处了14家涉案公司。其中，对上述房地产代理有限公司的4家分公司采取顶格处罚，吊销其营业执照，其余房产、装修、物业等10家公司各被处以罚款2万元，还与物业、房产、装修协会进行了对接，并专题组织相关法律知识集中培训，要求各企业加强信息管控，落实保密制度，同时提醒行业协会强化行业管理。（检察日报 方芳 赵云 关巧巧 潘菲 张永睿 陈佩佩 白思静） Upon receiving the recommendation, the District Market Supervisory Authority attached great importance to the conduct of a one-month special inspection on the basis of the content of the inspection proposal, in accordance with the provisions of the Consumer Rights Protection Act, in which the 14 companies involved were prosecuted. Of these, the four branches of the above-mentioned Real Estate Agency Ltd. were fined $20,000 each for the suspension of their licences, the remaining 10 companies, such as property, furnishings, real estate, etc., were also held in conjunction with the Association of Property, Real Estate, Furnishing, and organized a focused training on relevant legal knowledge, requiring enterprises to strengthen information control, implement confidentiality systems, and alert industry associations to strengthen industry management.
注册有任何问题请添加 微信：MVIP619 拉你进入群
打开微信扫一扫
添加客服
进入交流群
发表评论