On July 26, after the Qiqihar Railway Transport Procuratorate of Heilongjiang Province initiated a public prosecution by Ah Qiang (pseudonym) and nine other people for illegally reselling tickets, the Qiqihar Railway Transport Court sentenced Ah Qiang and others to fixed-term imprisonment ranging from two years, six months to seven months and fined them for the crime of reselling tickets.
The scene of the trial
On June 28, on the day of the trial, the prosecution and defense debated and debated the evidence, the determination of the crime and the basis for sentencing on the crime of reselling new tickets.
Ticket snatching software grabs 500 tickets in 1 second
On January 3, 2020, the Qiqihar Railway Station police station received a report from gao Mou, a citizen, saying that he had purchased a train ticket from Qiqihar to Beijing through a "ticket dealer", and paid a handling fee of 150 yuan in addition to the ticket money, but due to the refund of the itinerary, the "ticket seller" only agreed to refund the ticket money and did not give a refund of 150 yuan.
Through further investigation, the police uncovered a gang crime case of using a new type of illegal ticket-snatching software to resell train tickets in large quantities.
Sun Shan, director of the first procuratorial department of the Qiqihar Railway Transport Procuratorate, introduced: "In the case of traditional ticket scalping, the criminal suspect sells train tickets in advance by hoarding tickets and sells them to others at a higher price. However, in the past two years, a new type of crime of using the network to resell tickets has emerged, and they have taken advantage of high network bandwidth, high computer configuration, and large number of concurrent software to register multiple false accounts to attack the 12306 ticketing platform and implement the network ticket snatching crime in milliseconds. ”
According to the procuratorate's allegations, from December 12, 2017 to January 11, 2020, Ah Qiang illegally snapped up train ticket software and 12306 accounts such as "EP" and "Paradise" at prices ranging from 1,500 yuan to 8,000 yuan per month or per year through online platforms, QQ groups, and other channels, and used the advantages of the software to link up with the 12306 website to grab tickets. Each software can be attached to 30 accounts, each account can fill in 15 ticket buyer information, multiple software at the same time, at least up to 500 tickets per second to buy milliseconds of ticket grabbing frequency, and these ticket snatching software can be 24 hours a day uninterrupted ticketing, ticket snatching, ticket purchase.
Ah Qiang through WeChat ticket purchase promotion, by the other members of the gang are responsible for operating four WeChat signals, the identity of the ticket buyer, the number of trains and other information, sent to the QQ "receiving group" established by Ah Qiang, Ah Qiang is responsible for entering these personal information into the ticket snatching software after the implementation of ticket snatching, after the ticket snatching is successful and then send the ticket information to the QQ "completion group", other members of the gang then sort the order information in the group, send it to the ticket passenger WeChat signal, and then collect the fare payment of the ticketed passengers through WeChat, Alipay and other ways. There is a handling fee ranging from $50 to $200 per ticket.
As of the time of the case, the Aqiang criminal gang had sold a total of 12,044 train tickets at a higher price, with a total face value of more than 4.324 million yuan and illegal profits of more than 1.007 million yuan.
Registered ticketing companies disguise their legal identity
Ah Qiang has a certain anti-reconnaissance ability. Ah Qiang, who lives in Daxing Town, Tailai County, Qiqihar City, is well-known in the local area, catching up with the Spring Festival during the ticket is difficult to buy, as long as you talk to Ah Qiang WeChat, you can buy tickets, but where Ah Qiang's family is, the local people know little.
Through further investigation, the police locked Ah Qiang's position in a residential building in a residential area on Gongbin Road in Harbin City. On the day of the arrest, the police searched out 9 computers, 3 laptops and 12 mobile phones in Ah Qiang's home, and all 9 computers displayed the ticket-snatching interface, and from time to time issued a train roaring ticket-snatching success prompt, the scene was like a small Internet café, the scale was comparable to a level 3 station ticket room.
During the trial, Ah Qiang said: "My ticketing company has a registered business license, and I am carrying out normal ticketing on behalf of the purchase. Another 3 suspects said they were just relatives who visited Qiang's house.
Zhang Aodong, the prosecutor and director of the Second Procuratorial Department of the Qiqihar Railway Transport Procuratorate, pointed out that Ah Qiang did register the business license of "Tailai County Longjiang Ticketing Service Department" with the Tailai County Industry and Commerce Department, but Ah Qiang's ticketing company did not carry out tax registration, declaration, etc., and did not obtain the railway ticket sales agent qualification certificate issued by the railway department in accordance with relevant regulations. Therefore, Ah Qiang's company does not have railway ticketing qualifications, which is illegal operation, and the purpose of its registered ticketing company is really a cover-up.
On the 28th, among the 9 defendants in the trial, Wang Mou, a conductor at the Daxing Railway Station in Tailai County, was among them. Ah Qiang colluded with Wang Mou, taking advantage of Wang's position as a conductor, through internal system operation, to implement illegal acts such as the recovery and occupation of train ticket real-name information, and Wang sold a total of 590 train tickets for Ah Qiang.
Ticket snatching undermines the order of fair ticket purchase
On the day of the trial, the Qiqihar Railway Transport Procuratorate invited people's supervisors, people's congress deputies, and CPPCC members to observe the whole process.
The defense lawyer team hired by Ah Qiang voluntarily concluded a ticket purchase contract between the two parties, which is a civil agency act to defend innocence.
"Ah Qiang's behavior of buying train tickets for passengers is not limited to 'buying on behalf of passengers', he sells tickets at high prices and disguised price increases on the premise of making profits, and the circumstances are serious." According to the relevant regulations of the railway department, the department providing ticket sales can charge a delivery fee of 3 to 5 yuan per ticket according to the different distances and locations of the ticket, and the handling fee of not more than 5 yuan per ticket can be charged in different places. In response to the defense opinion, the prosecutor Sun Shan fully cross-examined the determination of the facts of the crime, believing that Ah Qiang's ticket markup fee had far exceeded this limit. Ah Qiang unilaterally increased the price of the ticket, passengers lose the right to free choice and equal bargaining rights, this kind of entrustment-agent relationship, relying on the illegal ticket snatching software to destroy the regular software operation program, is an illegal agency behavior, should be considered as the crime of reselling tickets.
Sun Song further pointed out that Ah Qiang's network ticket snatching behavior undermines the fair ticket purchase order, and the "advantage" of grasping the ticket source through the ticket snatching software is equivalent to Ah Qiang always standing in the first place of the ticket window, as long as Ah Qiang needs, other passengers will not have the opportunity to buy tickets, which forms an unfair competitive relationship with the railway ticketing system.
"When A Qiang agents ticketing agents to obtain passengers' personal information, from ticket purchase to ticket snatching, a series of operations are not controlled by the passengers themselves, there are hidden dangers in the leakage of personal information, once there is a dispute over refund or refusal to pay fees, the passenger ticket purchase records will be tampered with in the background, forming a hegemonic itinerary control." Based on the facts of the crimes of Ah Qiang and others, during the trial, the procuratorial organs proposed to give the main offender Ah Qiang a fixed-term imprisonment of two years and six months and a fine of 4.33 million yuan.
After collegial deliberation, the court adopted the procuratorate's recommendation and made the above-mentioned pronouncement.
Transferred from: Procuratorial Daily
Author: He Qiwei Sun Haiying Wang Lan
Source: Procuratorial Daily Justice Network