Nearly a thousand mobile phone numbers were stolen to register accounts to make money, and a salesman was sentenced to detention

An employee of a communication service provider registers with the e-commerce platform with the newly opened mobile phone number of others, and receives a commission after receiving the coupon. He was not only sentenced for infringing on citizens' personal information, but also paid compensation and publicly apologized. Recently, a criminal incidental civil public interest lawsuit in the field of citizens' personal information protection initiated by the hongshan district procuratorate of Wuhan City, Hubei Province, was publicly tried in court, and the court ruled in support of all the procuratorial organs' litigation claims.

Shen is a commissioner of the business hall of a communication service provider. In March 2021, Shen was pulled into a WeChat "code group", and the owner of the group said that as long as he could successfully register with some new mobile phone numbers on some e-commerce platforms and receive new user coupons, he could get a commission, a single commission of 5 yuan to 10 yuan. Shen Mou was very impressed.

Shen quickly aimed at a type of mobile phone number that he handled, most of which were collectively applied by the company for employees, and personal information such as identity card numbers would be bound to the real name when handling. After handling such mobile phone numbers, Shen first put the new card into his mobile phone, which was used to register a new account, receive verification codes, etc. and sell them to the "receiving code group" to make money, and then uniformly handed over to the applicant after the "use" was completed. According to the investigation, between March and July 2021, Shen leaked nearly a thousand mobile phone numbers through the above methods, with a total of more than 6,400 yuan of illegal profits.

In September 2021, the case was transferred to the Hongshan District Procuratorate for review and prosecution. Upon review, the criminal prosecution department found that Shen had leaked citizens' personal mobile phone numbers obtained without the permission of others, disrupting the normal collection, use, and circulation of citizens' personal information, and had seriously infringed on the security of citizens' personal information, so they transferred the clues to the public interest litigation department of that court. After performing the pre-litigation announcement procedure, organs and social organizations that did not have the provisions of the law initiated civil public interest lawsuits, and the Hongshan District Procuratorate filed a criminal attached civil public interest lawsuit with the court in accordance with law.

On November 30, 2021, the case was heard in open court, and people's supervisors were invited to observe the trial. In court, the public prosecutor and the public interest litigation prosecutor elaborated in detail that Shen's illegal acts should bear corresponding criminal liability and civil tort liability in accordance with the law. The public interest litigation prosecutor requested the court to order Shen to bear the compensation liability according to the amount of his profits, and apologized in the municipal media, and at the same time conducted rule of law education for Shen, emphasizing the importance of protecting personal information security. Shen pleaded guilty and repented in court, expressed his willingness to bear civil liability, and sincerely apologized to the society. After trial, the court supported all the litigation requests put forward by the procuratorial organs, sentenced defendant Shen X to five months' detention for the crime of infringing on citizens' personal information, and fined him 7,000 yuan, and recovered his illegal gains in accordance with the law and handed them over to the state treasury; demanded that Shen pay compensation according to the amount of his profits, and apologized to the public in the media at or above the municipal level for the infringement of citizens' personal information.

(Procuratorial Daily, Zhou Jingjing, Du Yejing)