A software company's legal representative illegally controlled the computer information systems of more than 40 financial institutions in 12 years, and illegally obtained relevant data and conducted insider trading. He was eventually sentenced to 26 years in prison and fined RMB 3.698 million.
htmlOn August 23, the "Criminal Second Instance Criminal Judgment of Zhu Donghai's Illegal Obtaining Computer Information System Data, Illegal Control of Computer Information Systems, Insider Trading, and Leaking Insider Information" released by the Judgment Document Network stripped the case, and Zhu Haidong's methods of committing crimes were also exposed. The date of signature of the judgment is April 14, 2021.
illegally controls more than 2,000 computers using Trojan virus
According to the judgment, Zhu Donghai, male, born in 1970, registered in Luohu District, Shenzhen, Guangdong Province, Han nationality, university culture, is the legal representative of Guangzhou Tuobao Software Co., Ltd., Shenzhen Tuobao Software Co., Ltd., and Shenzhen Aishun Online Technology Co., Ltd. .
Regarding the criminal facts of Zhu Donghai illegally obtaining computer information system data and illegally controlling computer information systems, it was found that from 2004 to 2016, Zhu Donghai used Trojan viruses to illegally invade and control other people's computer information systems and illegally obtaining data stored in related computer information systems. During this period, Zhu Donghai illegally controlled 2,474 computer information systems and used trading instructions illegally obtained from Huaxia Fund, Southern Fund, Jiashi Fund , Haifutong Fund and other fund companies to conduct related stock trading to make profits.
includes: 1. From November 16 to 17, 2015, a total of 650,000 shares were bought, with a transaction amount of 7.1312 million yuan; from November 17 to 25 of the same year, with a transaction amount of 8.4376 million yuan and a profit of 1.3064 million yuan. 2. From March 25 to 31, 2015, I bought Shengguang Co., Ltd. (now renamed "Shengguang Group", 002400) a total of 221,500 shares, with a transaction amount of 8.3236 million yuan, and sold it from March 26 to April 1 of the same year, with a transaction amount of 8.8529 million yuan and a profit of 529,400 yuan. Zhu Donghai received a total of RMB 1.8357 million in illegal income.
In addition, the court also found that Zhu Donghai was guilty of insider trading .
According to the judgment, in 2009, Zhu Donghai used the Trojan virus to illegally obtain many inside information from CITIC Securities Co., Ltd. (hereinafter referred to as " CITIC Securities ", 600030) from CITIC Network No. 1 - Terms of the Changkuan Acquisition Agreement", "Suning Global Company Private Issuance Project", "Mideo Electric Appliances Selling Assets to Wuxi Little Swan Co., Ltd. and Subscribe Its Shares", "Project Approval Report on the Private Issuance Project of Guangzhou Development Industrial Holding Group Co., Ltd.", "Kailuan Project Approval Report", "Seg Samsung Restructuring Project" and other insider information, and engaged in stock transactions of the corresponding company during the sensitive period of relevant insider information.
Overall, Zhu Donghai bought shares and with a total transaction amount of 3.1209 million yuan, and sold stocks with a total transaction amount of 3.1406 million yuan. After a simple calculation, it is not difficult to see that Zhu Donghai’s profit was less than 20,000 yuan.
However, the verdict did not disclose why Zhu Donghai was involved in the case. It can only be learned from the witness's testimony that a financial institution had discovered that a company's computer was invaded by a Trojan seven years ago.
A witness Guo said that under the designation of of the China Securities Regulatory Commission, some problems were reported to relevant units. At the end of December 2015, more than ten securities futures business institutions, including futures , found abnormal network activities, and some computers have been implanted in Trojans. The person believes that abnormal online activities may lead to the theft of sensitive information in financial transactions and will have a great impact on my country's financial order.
"Horily compare the amount of investment funds of each company in stock "
On March 2, 2016, relevant units in Beijing arrested Zhu Donghai's home in Shenzhen, Guangdong Province.
The Intermediate People's Court of Huludao City, Liaoning Province made the following judgment on December 10, 2019:
1. The defendant Zhu Donghai was sentenced to three years in prison and a fine of RMB 18 million for illegally obtaining computer information system data and illegally controlling computer systems; he was sentenced to six months in prison and a fine of RMB 98,000 for insider trading, and a fine of RMB 98,000 for multiple crimes. He decided to be sentenced to three years and one month in prison and a fine of RMB 18.098 million.
2. The illegal income of the defendant Zhu Donghai is recovered in accordance with the law and handed over to the state treasury.
3. The Lenovo Thinkpad-X230 laptop, server host, USB drive, hard disk and other crime tools used by the defendant Zhu Donghai will be confiscated according to law and handed over to the state treasury.
However, after the verdict was announced, the Huludao Municipal People's Procuratorate filed an appeal with the appeal No. 4 of the Huludao Public Procuratorate Second Prosecution and Criminal Anti-Japanese (2019), and Zhu Donghai also filed an appeal. Therefore, the case was retried by Liaoning Higher People's Court .
According to Zhu Donghai's confession, he registered and established Guangzhou Tuobao Software Co., Ltd. in September 2001, but after the company was established, it has not undertaken large projects. All of them are small projects and will not take up too much energy. This has resulted in more free time. From then on, he started to contact and study hacking technology.
After 2005, Zhu Donghai confessed that "there should be more than 4,000 computers to control" and said, "I remember that I had invaded the office computers of fund , insurance, banking, securities and other companies. Among them, the fund companies include Jiashi Fund, Huaxia Fund, Southern Fund, Boshi Fund , Dacheng Fund , ICBC Credit Suisse Fund, GF Fund , Yi Mou Fund, Everbright Fund, Fuguo Fund , Haifutong Fund, Penghua Fund , TEDAHYIN Fund , xinda Aoyin Fund , etc. In 2012, it has invaded the intranet trading database of more than 40 fund companies and insurance investment companies, and compared the amount of investment funds of each company in individual stocks horizontally, focusing on selecting stocks that have been selected by multiple companies to invest, so that the success rate of stock trading is relatively high. "
In the judgment, the Liaoning Higher People's Court stated that the public trial found the facts consistent with the facts found the original examination.
was sentenced to 6 years of illegal income and fined 3.698 million
In the end, the Liaoning Provincial Higher People's Court held that Zhu Donghai violated national regulations and used Trojan viruses to invade other people's computer information systems to obtain the data stored therein, and illegally control the computer information systems. The circumstances were particularly serious. His behavior constituted the crime of illegally obtaining computer information system data and illegally controlling computer information systems ; Zhu Donghai also used the inside information he illegally obtained. Before the inside information was disclosed, he bought and sold stocks related to inside information, and the circumstances were particularly serious. His behavior constituted the crime of insider trading, and multiple crimes should be punished in accordance with the law.
In addition, the procuratorate's appeal opinion has factual and legal basis, and the Liaoning Higher People's Court supports it. The appeal reasons and defense opinions raised by the appellant Zhu Donghai and his defense lawyer for "illegal acquisition of computer information system data and illegal control of computer information system are adopted. The appellant Zhu Donghai was able to truthfully confess his criminal facts after being arrested. He had a frank conspiracy and could be given a lighter punishment according to law.
The final judgment of the Higher People's Court of Liaoning Province is as follows:
1. Maintain the second and third items of the criminal judgment No. 39 of the Huludao Intermediate People's Court (2018).
2. Revoke the first item of the criminal judgment of the Huludao Intermediate People's Court (2018) Liao 14 Criminal First Instance 39.
3. Zhu Donghai was sentenced to three years in prison and a fine of RMB 3.6 million for illegally obtaining computer information system data and illegally controlling computer systems; he was sentenced to five years in prison and a fine of RMB 98,000 for insider trading. He was sentenced to six years in prison and fined RMB 3.698 million.
Source: The Paper
