On September 3, 2013, the Tiecheng Branch of the Tianjin Municipal Public Security Bureau received a report from a group logistics co., LTD. in Tianjin, saying that more than 30 drivers of the company had been deducted points for no reason, affecting the normal examination and suspecting that the driver's license information had been stolen.
The public security organs then filed a case on the same day, and after preliminary investigation, they suspected that Zhang Mou, an employee of the company, was suspected of committing a crime. After investigation, Zhang mou has been detained in the Tianjin Jinnan District Detention Center for theft, and then sent personnel to interrogate Zhang, and Zhang confessed to the crime of stealing the driving licenses and copies of id cards of some employees of the company in june 2013 at the office of the security technician of the freight branch of the group logistics co., LTD. and handing them over to others to profit from. The facts of the case are clear.
In June 2013, Zhang went to an auto repair shop in Hebei Province to repair the car, and Xie Mou, an acquaintance who worked here, told Zhang that he would help get some copies of his driver's license for illegal sales and use, and promised to give him a benefit fee after the matter was completed. The next day, Zhang went to the office of the security technician of his unit to find the folder where the driver's information was stored, and after stealing it, he handed the folder to Xie, who copied it and returned the file to Zhang. A few days later, Xie gave Zhang 1200 yuan.
After obtaining these driver information, Xie used the above-mentioned driver's license and a copy of his ID card to go to various administrative organs such as the subordinate brigades of the traffic police detachment of a city in Hebei Province, the subordinate brigades of a high-speed detachment in Hebei Province, and other administrative organs to fraudulently use the information of 62 drivers to write off traffic violations for 11 cars, and 6 drivers were directly deducted more than 12 points for driving licenses, resulting in these 6 drivers facing the punishment of being detained by the traffic management department for detaining their motor vehicle driver's licenses and participating in the re-examination.
Some drivers constantly reported to the company's security technicians that their driver's licenses had been deducted points without reason, and suspected that the driver's license information had been stolen by others. The company's security technicians went to the traffic police team to inquire, and found that more than 30 people in the company had their driver's licenses deducted points for violations, and some drivers who had records of violations were contacted and said that they were not handled in violation of regulations. The theft and punishment of so much driver's information has seriously affected the normal transportation production of enterprises and the order of citizens' personal lives. On September 3, 2013, the Tiecheng Branch of tianjin municipal public security bureau of a group logistics company reported the case. On September 10, 2013, the public security organ interrogated Zhang for interrogation, and Zhang confessed to the criminal facts that he handed over to Xie after stealing driver information; on September 13, 2013, Xie surrendered to the public security organs.
After trial, the court held that the defendants Xie X and Zhang X illegally obtained citizens' personal information, the circumstances were serious, and their acts had constituted the crime of illegally obtaining citizens' personal information, and defendant Xie X illegally obtained more than 60 drivers' driving licenses and ID card information and used the information to punish others for motor vehicle violations, seeking personal interests, and should be punished according to law; Zhang X, knowing that Xie X wanted to punish others for motor vehicle violations, used secret means to steal more than 60 drivers' driving licenses and ID card information, Both of them played a major role in the joint crime, both were the main offenders, and based on the facts, nature, and circumstances of the two defendants' crimes and the degree of harm to society, Xie was sentenced to 10 months' imprisonment, suspended for one year, and fined 10,000 yuan. Defendant Zhang was sentenced to eight months' imprisonment and fined RMB7,000, together with the ten months' imprisonment and a fine of RMB3,000, together with the sentence of 10 months' imprisonment for the previous crime of theft, and decided to carry out the fixed-term imprisonment for one year and four months, and fined RMB 10,000.
Small editor popularizes the law
The crime of illegally obtaining citizens' personal information (now the crime of infringing upon citizens' personal information) refers to the act of illegally obtaining citizens' personal information obtained by state organs or financial, telecommunications, transportation, educational, medical, or other such units in the course of performing their duties or providing services by stealing or other means, and selling or illegally providing them to others, with serious circumstances.
According to the provisions of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined severally. This crime has been abolished and changed to the crime of infringing on citizens' personal information due to the promulgation of the Ninth Amendment to the Criminal Law, which came into force on November 1, 2015.
Citizens' personal information refers to personal identification codes that reflect citizens' personal physical and identity characteristics, social life experiences, family and financial conditions, and also include personal identification codes obtained and used by citizens in the course of social life. Such as the citizen's date of birth, ID card number, driver's license number, home address, etc., all of which have the value of legal protection of citizens' personal information. If it is allowed to be leaked and obtained by others, it will inevitably lead to citizens being in a dangerous state of possible infringement at all times.
"Stealing or otherwise illegally obtaining" is an objective element of the composition of the offence. The characteristic of "stealing" is that the right holder does not know and secretly occupies it for himself; the "other methods" law cannot be exhausted, as long as it is against the will or true intention of the information owner, and the person who has no right to know or contact the personal information of the relevant citizens obtains personal information in violation of the prohibited provisions of the law or the method of social order and good customs, Xiaobian believes that it should be obtained by other illegal means.
(The picture is from the Internet, and the infringement must be deleted)