[Case Summary]

　　From April 16, 2020, to April 26, 2020, the accused Jiang Moujia, Jiang Mouye, and Yang Moumou (separately handled) plotted to steal radar coins from other people’s radar coin accounts. Jiang Moujia, through a procedure provided by Zhang Moumou (separately handled), obtained illegal access to more than 30 radar coin account names and login passwords of Wang Moumou, a resident of the Hailing District of this city, and provided them to Jiang Mouye. Jiang Mouye, together with Yang Moumou, logged into the aforementioned radar coin accounts and transferred the radar coins in the victim Wang Moumou’s account directly or converted them into virtual cash and transferred them to radar coin accounts under his control, and then transferred them to the accused Zhao Moumou for conversionlottery tutorial，come on baby. Knowing that the virtual cash was illegally obtained, Zhao Moumou and Wu Moumou still sold it by converting it into Ripple, Tether, and other ways, and finally obtained about 1.7 million yuan in renminbi.

　　[Investigation and Handling]

　　This case was investigated and concluded by the Hailing District Public Security Bureau of Taizhou City. The accused Jiang Moujia, Jiang Mouye, Zhao Moumou, and Wu Moumou were suspected of illegal acquisition of computer information system data. On June 16, 2021, the case was transferred to the Hailing District Procuratorate for prosecutionsports betting local and Latest. After receiving the case, the Hailing District Procuratorate conducted a detailed review of the facts and evidence, supervised the filing of charges for assisting in cybercrime activities, and on September 30, 2021, brought charges against the four accused with illegal acquisition of computer information system data, concealing and disguising the proceeds of crime, and assisting in cybercrime activities. The Hailing District People’s Court made a first-instance judgment on December 19, 2022, sentencing the accused to prison terms ranging from two years and seven months to four years and three months, with fines ranging from 90,000 to 150,000 yuan. After the first-instance judgment was announced, Zhao Moumou and Wu Moumou appealed, and the Intermediate People’s Court of Taizhou City made a second-instance ruling, upholding the original judgment.

　　【Legal Analysis】

　　The actions of Jiang Moujia and Jiang Mouyi constitute the crime of illegal acquisition of computer information system data.

　　Defendants Jiang Moujia and Jiang Mouyi obtained others’ RadarCoin account information through illegal means, causing economic losses to the victims. However, due to the differences between Online casino and How to find it and normal circulation currency, its property value characteristics are controversial in both theory and practice. After research and analysis, their actions should be identified as constituting the crime of illegal acquisition of computer information system data, rather than property-related crimes. The main reasons are as follows: ‘Research Opinion on the Issue of How to定性 of Illegal Profit from Selling Illegal Game Coins Obtained by Computer’ (2021) stipulates: ‘The act of using a computer to steal others’ game coins and sell them for illegal profit should currently be sentenced for the crime of illegal acquisition of computer information system data.’ The ‘Interpretation and Application of the Explanation of the Law on Handling Criminal Cases of Theft’ (by Zhou Jiahai and Zhou Haiyang) clearly states the handling of virtual property theft: ‘For the act of stealing virtual property, if it is necessary to regulate it by criminal law, it can be sentenced according to the crime of illegal acquisition of computer information system data and other computer crimes, and should not be handled as theft. The main considerations are: Firstly, virtual property is obviously different from tangible property such as money and goods, and intangible property such as electricity and gas. Its interpretation as the object of the crime of theft of public and private property exceeds the authority of the judicial interpretation. Secondly, the legal attribute of virtual property is computer information system data, and the act of illegal acquisition of computer information system data can certainly be applied to the crime of illegal acquisition of computer information system data for sentencingonline casino plan and What is it. Thirdly, applying the crime of theft to the act of stealing network virtual property will bring a series of difficult problems, especially the identification of the amount of theft, which currently lacks a universally acceptable calculation method.’ On September 24, 2021, the People’s Bank of China, the Supreme People’s Court, the Supreme People’s Procuratorate, and other ten departments jointly issued a ‘Notice on Further Preventing and Handling the Risks of Speculation and Manipulation of Online casino and How to find it Transactions’ explicitly stating that ‘Online casino and How to find it does not have the same legal status as legal currency, and related business activities of Online casino and How to find it are illegal financial activities.’ According to the above provisions, Online casino and How to find it possessed by individuals cannot be identified as property in the sense of criminal law. In this case, the act of illegally stealing RadarCoin needs to be regulated by computer information system crimes.

　　2. The actions of Zhao Moumou and Wu Moumou constitute the crime of concealing and hiding proceeds of crime.

　　The payment and settlement provided by Zhao Moumou and Wu Moumou was assistance provided after the upstream defendant Jiang Mouyi and others had successfully illegally obtained computer information system data, and there was no prior agreement, therefore, it should not be identified as the joint criminal responsibility of them and Jiang Mouyi and others for the crime of illegal acquisition of computer information system data. According to Article 7 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 of Endangering the Security of Computer Information Systems (Judicial Interpretation [2011] No. 19): ‘Who knows that the data obtained through the crime of illegal acquisition of computer information system data or the control rights of computer information systems obtained through the crime of illegal control of computer information systems, and transfers, acquires, acts as an agent for sale, or conceals or hides them in other ways, and the illegal gains exceed 5,000 yuan, shall be sentenced for the crime of concealing and hiding proceeds of crime in accordance with Paragraph 1 of Article 312 of the Criminal Law.’ Therefore, the act of Zhao Moumou and Wu Moumou helping Jiang Mouyi and others withdraw Radar coins should be identified as suspected of the crime of concealing and hiding proceeds of crime.

　　3. The other actions of Jiang Mouyi, Zhao Moumou, and Wu Moumou also constitute the crime of assisting in information network crime activities.

　　The Alipay transaction records between Jiang Mouyi, Zhao Moumou, and Wu Moumou far exceed the total value of the Radar coins stolen from the victim Wang Moumou. The determination of the amount in excess should be comprehensively evaluated in combination with the defendants’ subjective intention and objective behavior. Objectively, Jiang Mouyi, Zhao Moumou, and Wu Moumou all confessed that the funds in the involved accounts were to help others withdraw Radar coins and other online casino funds. The aforementioned three defendants obtained a certain proportion of handling fees through the withdrawal actionssports betting cheats and The latest plan. Subjectively, from the abnormal withdrawal methods (few people would ask strangers to withdraw funds), the significantly higher withdrawal handling fees than the market price, and the analysis of the living and professional experience of the three defendants, it can be inferred that they were aware that the Radar coins and other online casino funds they helped withdraw were of unknown origin. In summary, Jiang Mouyi, Zhao Moumou, and Wu Moumou, knowing that the Radar coins were obtained illegally, still paid and settled to help withdraw, and as Radar coins are online casino funds, it can be inferred that they were aware that it was the proceeds of crimes committed through information networks. According to Article 12, Paragraph 2 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 of Illegal Use of Information Networks and Assisting in Information Network Crime Activities, although the actions and facts of the upstream criminals who illegally obtained computer information system data have not been fully proven, the total amount of funds that Jiang Mouyi, Zhao Moumou, and Wu Moumou helped pay and settle, and their illegal gains have all exceeded five times the standard, and can be identified as the crime of assisting in information network crime activities.

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