Guiding Case No. 103: Xu Qiang's sabotage of a computer information system

Guiding Case No. 103: Xu Qiang's sabotage of a computer information system

• Source: Supreme People's Court
• Create Date: 2018-12-25 11:00:52

Guiding Case No. 103

Xu Qiang's sabotage of computer information systems

(Discussed and passed by the Adjudication Committee of the Supreme People's Court, released on December 25, 2018)

　　Keywords: Criminal/Crime of sabotage of computer information system/Mechanical remote monitoring system

　　Summary of the case

　　The mechanical remote monitoring system of the enterprise belongs to the computer information system. Violating state regulations by destroying the functions of the enterprise's mechanical remote monitoring system, causing the computer information system to fail to operate normally, and the consequences are serious, constitutes the crime of destroying the computer information system.

　　Relevant Laws

　　Article 286, paragraphs 1 and 2 of the Criminal Law of the People's Republic of China

　　Basic facts of the case

　　In order to strengthen the management of construction machinery and equipment for installment payment, Zoomlion Co., Ltd. (hereinafter referred to as Zoomlion) has put into use the Zoomlion Internet of Things GPS information service system, the computer information system consists of Zoomlion Internet of Things remote monitoring platform, GPS terminal, controller and display, etc., the system has the functions of automatic collection, processing, storage, backhaul, display data and automatic control equipment. GPS terminals and displays are installed on each piece of equipment by Zoomlion during the production and manufacturing process of construction machinery and equipment.

　　Zoomlion has installed Zoomlion's Internet of Things GPS information service system on the pump truck equipment for "mortgage sales", and clearly stipulates in the product sales contract that "if the buyer violates the contract, the seller has the right to take measures such as stopping and locking the machine" and "the ownership of the product belongs to the seller before the buyer pays off the full payment". Even if the buyer has obtained the motor vehicle registration documents, the buyer retains ownership of the product until the buyer has paid the full purchase price". Then the remote monitoring and maintenance platform of Zoomlion headquarters monitors the pump truck, if it is found that the customer is in arrears, defaults, etc., it will be "locked" through the remote monitoring system, and the pump truck can still be started after receiving the "lock" instruction, but it cannot operate.

　　In May 2014, defendant Xu Qiang used a "GPS jammer" to unlock five Zoomlion pump trucks under or under the management of Zhong XX, Gong XX, and Zhang XX. The specific facts are as follows:

　　1. At the beginning of April 2014, after Zhong Moumou found that the pump truck he purchased with the brand name of Gui A77462 was about to be locked by Zoomlion, he arranged for Xu Guanlun to help inquire about the unlocker. Xu Moumou then contacted Gong Moumou to inform Zhong Moumou that the pump truck needed to be unlocked. After Gong Moumou agreed, he immediately contacted the defendant Xu Qiang by phone to unlock the pump truck. On May 18, 2014, the defendant Xu Qiang brought the "GPS jammer" to Qingzhen City, Guiyang City with Gong Moumou, and the defendant Xu Qiang connected the signal line on the "GPS jammer" to the electric control cabinet on the right side of the pump truck, and then used the jammer to successfully unlock the pump truck with the brand name of Gui A77462 after powering on the "GPS jammer". Afterwards, Zhong Moumou paid Gong Moumou an unlocking fee of RMB 40,000, and Gong Moumou also paid RMB 9,600 to Xu Moumou as an introduction fee as agreed. On the same day and the next day, Gong Moumou also took his brother-in-law Huang, who was managed by the defendant Xu Qiang, to permanently unlock three pump trucks with the brands of Xiang AB0375, Xiang AA6985, and Xiang AA6987, which were purchased by Zoomlion and Changsha Zoomlion Second-hand Equipment Sales Co., Ltd. by installments. Afterwards, Gong Moumou paid the defendant Xu Qiang a total of RMB 30,000 for unlocking the four pump trucks.

　　2. In May 2014, Zhang Moumou purchased a pump truck from Zoomlion with a mortgage loan, but due to arrears, Zoomlion used the Internet of Things system to lock the pump truck and could not operate normally. Zhang Moumou then contacted the defendant Xu Qiang by phone to unlock the pump truck. On May 17, 2014, defendant Xu Qiang came to Xiangyang City, Hubei Province with a "GPS jammer" and used the same method described above to unlock a pump truck with the license plate number FE7721 under Zhang's name. Afterwards, Zhang paid the defendant Xu Qiang an unlocking fee of RMB 15,000.

　　After identification, the above-mentioned brands of Zoomlion are Gui A77462, Xiang AB0375, Xiang AA6985, Xiang AA6987 pump truck GPS terminal was dismantled and the control program was modified, Zoomlion Internet of Things GPS information service system could not carry out real-time monitoring and remote lock of the pump truck.

　　On November 7, 2014, defendant Xu Qiang voluntarily surrendered to the public security organs. During the trial in this court, the defendant Xu Qiang returned the illegal gains of RMB 45,000.

　　Adjudication Results

　　On December 17, 2015, the Yuelu District People's Court of Changsha City, Hunan Province, rendered the (2015) Yue Xing Chu Zi No. 652 Criminal Judgment: 1. Defendant Xu Qiang committed the crime of destroying computer information systems and was sentenced to two years and six months imprisonment. 2. Recover 45,000 yuan of defendant Xu Qiang's unlawful gains and turn them over to the state treasury. The defendant Xu Qiang was not satisfied and appealed. On August 9, 2016, the Intermediate People's Court of Changsha City, Hunan Province, rendered the (2016) Xiang 01 Xingzhong No. 58 Criminal Ruling: rejecting the appeal and upholding the original judgment. The ruling has taken legal effect.

　　Grounds for the Trial

　　The effective judgment of the court held that Article 11 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering the Security of Computer Information Systems" stipulates that "computer information systems" and "computer systems" refer to systems with automatic data processing functions, including computers, network equipment, communication equipment, automation and control equipment, etc. In this case, Zoomlion's IoT GPS information service system is composed of Zoomlion's IoT remote monitoring platform, GPS terminals, controllers and displays, etc., which have the functions of automatic collection, processing, storage, transmission, display of data and automatic control of equipment. The system belongs to the communication equipment and automatic control equipment with the function of automatic data processing, and belongs to the computer information system in the sense of criminal law. Defendant Xu Qiang used a "GPS jammer" to modify and interfere with Zoomlion's Internet of Things GPS information service system, causing the system to be unable to monitor and remotely lock the pump truck involved in the case in real time, which was an act of destroying the function of the computer information system and causing the computer information system to fail to operate normally, and the consequences were particularly serious. According to article 286 of the Criminal Law, defendant Xu Qiang constituted the crime of destroying computer information systems. Xu Qiang voluntarily surrendered after committing the crime, truthfully confessed his crime, and surrendered voluntarily, and his punishment can be commuted in accordance with law. Xu Qiang returned all illegal gains, showed remorse, and may be given a lighter punishment as appropriate. In response to Xu Qiang and his defender's appeal opinion and defense opinion that "he surrendered voluntarily and returned all his illegal gains, and the first-instance sentencing was too heavy", upon investigation, Xu Qiang destroyed the computer information system and obtained 45,000 yuan of illegal gains, and the consequences were particularly serious, and he should be sentenced to more than five years imprisonment. The appeal opinion and defense opinion are not adopted. The facts found in the original judgment were clear, the evidence was credible and sufficient, the law was correctly applied, the sentencing was appropriate, and the trial procedures were lawful.

　　(Effective referees and judges: Li Fan, Liu Gang, He Lin)