February 2017 to the case, often by purchasing on the InternetappleThe user's "personal information" (commonly known as "breaking insurance material", that is, a group of Apple user information data that has been modified password, rescue mailbox), and then log on to www.icloud.com website, use "erase"iPhone"The way of functioning, causing the victimMobile phoneNot working properly. Subsequently, Changmou sent an unlocked advertisement email to the victim's mailbox. After the victim added his QQ, the victim was sent a message asking the victim to pay an “unlocking fee” ranging from 150 yuan to 500 yuan.
In this way, Chang Mou used the “Erase iPhone” function for ten Apple users such as Huang and Zhang, causing eleven mobile phones to malfunction.
On June 23, 2017, the defendant Chang was arrested and arrested by the police of the Public Security Bureau of Youxi County in the residence of Long'an District, Anyang City, Henan Province. After the case, he often confessed his crimes.
In the residence of the accused Chang, the police detained one of the Apple 5S and 6S mobile phones and one Lenovo notebook computer. Chang has illegally made a profit of RMB 1,200 through the above-mentioned criminal means. On November 20, 2017, Chang’s family members withdrew all the money on their behalf.
The Youxi court held that the defendant often violated the national regulations and used the “erasing the iphone” function by the Apple user to interfere with the computer information system function, resulting in the failure of the eleven computer information systems to operate normally. Behavior has constituted the crime of destroying computer information systems. Chang’s confession of his crimes after he arrived at the case can be punishable. Changmou retire all the money, can be punishable by discretion, sentenced to a certain 6 months of detention, quit all the money of 1200 yuan, returned to the victim, detained in the crime tool of the Youxi County Public Security Bureau, by the Youxi County Public Security Bureau Confiscated according to law.
Remotely locking the phone to deny the damage to the computing information system
The computer information system includes a computer, a network device, a communication device, an automation control device, and the like. Like a computer, a smart phone uses a separate operating system and a separate operating space. Users can install software and other programs by themselves, and can access wireless networks through a mobile communication network. It should be recognized as a "computer information system" on criminal law.
The behavior of the actor using the "Erase iPhone" function directly causes the victim's mobile phone to fail to operate normally, which is a behavior that modifies and interferes with the functions of the computer information system. As a result, more than 11 smartphone systems can not operate normally, which is in line with the stipulations of the crimes of destroying computer information systems in Article 286 of the Criminal Law: “Modify and interfere with the functions of computer information systems” and “serious consequences”, which constitutes damage to computer information. System crime.
Article 286 In case of violation of state regulations, the computer information system functions shall be deleted, modified, increased or interfered with, resulting in the failure of the computer information system to operate normally. If the consequences are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; , sentenced to more than five years in prison.
In case of violation of state regulations, the deletion, modification or addition of data and applications stored, processed or transmitted in the computer information system shall be punished in accordance with the provisions of the preceding paragraph.
Deliberately making and disseminating destructive programs such as computer viruses, affecting the normal operation of computer systems, if the consequences are serious, penalties shall be imposed in accordance with the provisions of the first paragraph.