After hackers stealing the data insider trading, they were sentenced to invading more than 40 financial institutions in the inner network

In 12 years, the legal representative of a software company has illegally obtained relevant data and conducted insider transactions by illegally controlling the computer information system of more than 40 financial institutions. Essence

On August 23, the "Zhu Donghai illegally obtaining computer information system data, illegal control computer information system, insider transaction, and leakage of insider information criminal second instance criminal judgment" released by the referee document network "Criminal second instance of the insider information" to peel the case, and Zhu Haidong's crime method was also exposed. The date of the judgment is April 14, 2021.

Using Trojan virus to control more than 2,000 computers illegally

According to the judgment, Zhu Donghai, male, born in 1970, the household registration is located in Luohu District, Shenzhen, Guangdong Province, Han nationality, university culture, is Guangzhou Tuobo Software Co., Ltd., Shenzhen Tuobo Software Co., Ltd., Shenzhen Aichang Online Technology Co., Ltd. Legal representative.

Regarding the criminal facts of Zhu Donghai's illegal obtaining computer information system data and illegal control of computer information systems, it was found that from 2004 to 2016, Zhu Donghai used Trojan horses virus to illegally invade and control the computer information system of others to illegally obtain relevant computer information system storage The data. In the meantime, Zhu Donghai illegally controlled the computer information system of 2474 units, using a trading instructions illegally obtained from many fund companies such as Huaxia Fund, Southern Fund, Castrol Fund, and Haifong Fund to make relevant stock transactions.

This includes: 1. Buy Shuguang shares from November 16th to 17th, 2015 (now renamed "ST Shuguang", 600303) totaling 650,000 shares, with a transaction value of 7.1312 million yuan; The transaction amount was 8.4376 million yuan, and the profit was 1.3064 million yuan. 2. From March 25th to 31st, 2015, I bought a total of 221,500 shares of the Provincial Broadcasting Co., Ltd. (now renamed the "Provincial Broadcasting Group", 002400), with a transaction value of 8.3236 million yuan. The transaction value was 88.529 million yuan, and the profit was 529,400 yuan. Zhu Donghai received a total of RMB 1.8357 million in illegal income.

In addition, the court also found out that Zhu Donghai's crime of insider trading.

According to the judgment, in 2009, Zhu Donghai illegally obtained the "CITIC Network No. 1 Memorandum-about the Calculation of Chang-wide Acquisition Agreement" "CITIC Network 1 Memorandum" from CITIC Securities Co., Ltd. (referred to as "CITIC Securities" "Project" "Midea Electric sells assets to Wuxi Swan Co., Ltd. and subscribes to its shares" "Application Report on the Application Report on the Non -Public Distribution Project of Guangzhou Development Industrial Holdings Group Co., Ltd." "Projects" and other insider information, engaged in stock transactions of corresponding companies during the sensitive insider information period.

On the whole, Zhu Donghai bought a total of 3.129 million yuan, and a total of 3.1406 million yuan was sold. It is not difficult to see that Zhu Donghai's profit is less than 20,000 yuan.

However, the judgment did not disclose what the incident of Zhu Donghai was in the case. It can only be learned from the witness's testimony that seven years ago, financial institutions had found that the company's computer was invaded by a Trojan horse.

A witness Guo said that due to the designated by the China Securities Regulatory Commission and reporting to the relevant units, some issues were reported to the relevant units. At the end of December 2015, an internal network of more than ten securities and futures management agencies such as Oriental Fund found abnormal network activities, and some computers had been implanted in Trojan. The person believes that abnormal network activities may cause the sensitive information of financial transactions to be stolen, which will greatly affect my country's financial order.

"Compare the amount of investment funds for each company's stock"

On March 2, 2016, relevant units in Beijing arrested it at Zhu Donghai, Shenzhen, Guangdong Province.

The Intermediate People's Court of Huludao City, Liaoning Province made the following judgments on December 10, 2019:

1. The defendant Zhu Donghai illegally obtained the data of computer information systems and the crime of illegally controlling computer systems. He sentenced to three years in prison and fined RMB 18 million. 98,000 yuan, several crimes and punishment, decided to implement three years in prison for three years and one month, and fined RMB 18.098 million.

2. The defendant Zhu Donghai's illegal income was RMB 1855418.22, and he was recovered in accordance with the law and paid the treasury.

3. Lenovo ThinkPad-X230 laptop, server host, U disk, hard disk and other crime tools used by the defendant Zhu Donghai will confiscate and pay the state treasury in accordance with the law.

However, the People's Procuratorate of Huludao City after the sentence was prosecuted with the second prosecution (2019) No. 4 Activity of Hulu Inspection, and Zhu Donghai also appealed. Therefore, the case was re -tried by the Liaoning Provincial Higher People's Court.

According to Zhu Donghai's confession, it registered and established Guangzhou Tuobo Software Co., Ltd. in September 2001, but after the company was established, there have been no large projects. Some small projects will not take too much energy. A lot of time, from then on, I started to contact and study hackers.

After 2005, Zhu Donghai confessed that "there should be more than 4,000 computers in control", and said that "remember to invade the office computers of funds, insurance, banks, securities and other companies. Boshi Fund, Dacheng Fund, ICBC Credit Suisse Fund, Guangfa Fund, Yi Mou Fund, Everbright Fund, Wells Farm Fund, Haifu Tong Fund, Penghua Fund, Tedda Dutch Fund, Cinda Australia Bank Fund, etc. In 2012, it has invaded more than forty The internal network transaction database of the family fund company and the insurance investment company compares the amount of investment funds of each company's stock in horizontally. The focus is on the stocks that many companies choose to invest, so that the success rate of stock trading is relatively high. " In the judgment, the Liaoning Provincial Higher People's Court stated that the opening trial found that the facts were consistent with the facts of the original review.

The final trial was sentenced to 6 years of recovery of 1.85 million illegal income and a fine of 3.698 million

In the end, the Liaoning Provincial Higher People's Court believed that Zhu Donghai violated the regulations of the country and used Trojan virus to invade the computer information system of others and obtain the stored data. It implemented illegal control to the computer information system. The circumstances were particularly serious. System data, illegal control of computer information systems; Zhu Donghai also used his illegal inside information. Before the insider information was made public, the stocks related to inside information were bought and the plot was particularly serious. Crime shall be imposed and punished in accordance with the law.

In addition, the procuratorial organs' protest opinions have the facts and legal basis, and the Liaoning Provincial High People's Court supports it. The appealed reasons and defense opinions on the appellant Zhu Donghai and his defender's "illegal acquisition of computer information system data and illegal control of computer information systems" are adopted. The appellant Zhu Donghai can truthfully confess his criminal facts after arriving, and has a frank plot, and he can punish him lightly in accordance with the law.

In the end, the Liaoning Provincial Higher People's Court's judgment was as follows:

I. Maintain the second and third items of the Huludao Intermediate People's Court (2018) Liaoning 14th Criminal Criminal Judgment.

2. Revisit the first item of the Huludao Intermediate People's Court (2018) Liaoning 14th Criminal Criminal Criminal Judgment.

3. Zhu Donghai's crimes of illegally obtaining computer information system data and illegal control of computer systems were sentenced to three years in prison and a fine of 3.6 million yuan. Essence The number of crimes was punished, and it was decided to implement six years in prison and fined RMB 3.698 million.

Source: Surging News

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