Recently, a programmer in Shanghai was sentenced for "deleting the library and running away" has attracted attention. On February 10, Nandu reporters confirmed from the business department of the Yangpu District Procuratorate in Shanghai that the defendant, Lu X, on the day he left his post in the code research and development position of an Internet company, deleted the relevant code, was indicted for the crime of damaging computer information systems, and was sentenced to 10 months in prison.
According to the Shanghai Yangpu District Procuratorate, defendant Lu X, born in 1992, was originally an employee of Beijing Yi Information Technology Co., Ltd., and since March 2021, Lu X has joined a company in Shanghai and is responsible for the code research and development of a fresh distribution platform.
On June 18 of the same year, Lu left his post. On the same day, a certain person logged in to the code control platform located in a certain place in Yangpu District, Shanghai without permission, and deleted the codes such as coupons, budget systems and subsidy rules of a certain platform written during his employment, resulting in the postponement of the project that was originally scheduled to be launched on schedule. After auditing, in order to ensure the smooth operation of the system, the company hired a third-party company to restore the database, etc., with a total expenditure of about 30,000 yuan.
The court ruled that the deletion of data stored in the computer information system in violation of state regulations had serious consequences, and his behavior had constituted the crime of destroying the computer information system. The charges charged by the public prosecution organ are established, and the recorder shall be punished in accordance with law. After recording a certain person in the case, he can truthfully confess his crime, compensate the victim unit and obtain forgiveness, and may be given a lenient punishment in accordance with law. Recording a person who voluntarily admits guilt and accepts punishment may be given a lenient disposition in accordance with law. The public prosecution organ's sentencing recommendation is appropriate and is to be adopted.
According to the provisions of article 286, paragraphs 1 and 2, and 67, paragraph 3, of the Criminal Law of the Mainland, and article 15 of the Mainland Criminal Procedure Law, the court convicted a convict of the crime of damaging computer information systems and sentenced him to 10 months' imprisonment.
Nandu reporter noted that recently programmers deleted the database has been prosecuted in a non-individual case.
On February 10, an indictment by the Tianjin Ninghe District Procuratorate published by the China Procuratorate network showed that a man was also criminally prosecuted for the crime of destroying computer information systems after being fired from the company and deleting some of the company's data without authorization.
The indictment shows that on August 30, 2021, defendant Wu X was dismissed from a company in Tianjin and resentful. That night, Wu Moumou learned the account number and password of the enterprise management system from his colleagues, used his tablet to log in, and deleted some of the data entered in the basic maintenance, BOM management, sales management, procurement management and other modules of the system, resulting in the inability of the division to operate, and spent 40,000 yuan to recover the data. After the incident, defendant Wu X was summoned to the case and truthfully confessed.
The Tianjin Ninghe procuratorate held that defendant Wu X, in violation of state regulations, deleted the data stored in the computer information system, causing serious consequences, and his behavior violated the second paragraph of article 286 of the Criminal Law, the facts of the crime were clear, the evidence was credible and sufficient, and he should be investigated for criminal responsibility for the crime of damaging the computer information system.
According to public reports, in recent years, a case of "deleting the library and running away" that has a greater impact is that Weimob was deleted by internal programmers, resulting in the market value of the division once shrinking by 2.15 billion yuan.
On the evening of February 24, 2020, Weimob's SaaS business service went down, the online business of its 3 million merchants stopped, and all the data in the back office of the store was cleared. Weimob Group announced on February 25 of the same year that the database was destroyed by the operation and maintenance personnel He Someone, the company has reported the case, through the login account and IP address tracking, locate and find the criminal suspect, he quickly admitted the facts of the crime, was criminally detained.
The founder of Weimob responded afterwards that the employees involved were deeply involved in online loans, and the deletion incident once caused the stock price of Weimob Group to shrink by 2.15 billion yuan, and the programmers involved were eventually sentenced to 6 years in prison.
Written by: Nandu reporter Huang Chibo
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