Huawei employee Yimou did not clean up the ERP login information after he was transferred from his post, and used the bug to access beyond his authority and leaked the obtained data to a third party for profit. In the end, he was sentenced to one year's imprisonment and fined RMB 20,000 for the crime of illegally obtaining computer information system data. And recovered Yimou's illegal income of RMB 23,437.6, confiscated according to law and turned over to the state treasury.
Brief introduction of the case:
On June 20 10, Yimou was transferred from the cable material control department of Huawei, and the inquiry authority of cable material coding price in ERP account was not cleared as required by Huawei. By the end of 20 17, Yimou had obtained the price information of cable materials in ERP system for many times by inquiring and borrowing colleagues' accounts without authorization. After 20 17, Yimou found that there was a loophole in the POL procurement applet in the ERP system. He could bypass the access control to check the system data through specific operations, thus obtaining the price information of cable materials in this way.
Yimou informed Shenzhen Jinxin Nuo High-tech Co., Ltd. (the supplier of Huawei Technologies Co., Ltd.) of the illegally obtained price data by SMS, telephone and email, thus helping Nuonuo to improve the winning rate in Huawei's bidding projects.
During the period from February 27th, 20 16 to February 28th, 20 18, the purchase price of cable coding materials from Huawei supplier * * *183 (excluding duplicate ***9 18) was sent to Jinxin for many times. From 20 12 to June 30, 20 17, I received 7,000 yuan of shopping cards and 5 pairs of basketball shoes from Jin Xin Company (value 16437.6 yuan).
From the legal point of view: employees who steal company business secrets will generally be punished by administration and bear civil liability for compensation. If the circumstances are serious, it constitutes a crime of infringing trade secrets. According to the provisions of China's criminal law, the sentencing of the crime of infringing business secrets should be determined according to the losses caused by the infringement. Whoever causes heavy losses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Legal basis: Article 219 of the Criminal Law commits one of the following acts of infringing business secrets, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined: (1) obtaining the business secrets of the obligee by theft, bribery, fraud, coercion, electronic intrusion or other improper means; (2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph; (3) disclosing, using or allowing others to use the business secrets in their possession in violation of confidentiality obligations or the requirements of the obligee to keep business secrets. In the acts listed in the preceding paragraph, anyone who knowingly obtains, discloses, uses or allows others to use the trade secret shall be regarded as infringing on the trade secret theory. The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner.
[Legal Basis] Criminal Law
Article 282 Crime of illegally obtaining state secrets Crime of illegally holding state top secrets, confidential documents, materials and articles: Whoever illegally obtains state secrets by stealing, spying or buying shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever illegally holds documents, materials or other articles that belong to the top secret or secret of the state and refuses to explain the source and purpose shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
After the incident, Huawei issued a letter of understanding to express its understanding of Yimou's behavior against Huawei. After the first trial, Yimou filed an appeal, requesting to revoke the original judgment and change the sentence to be exempted from criminal punishment according to law. The court rejected the appeal in the second instance and upheld the original judgment.
Alas, it's embarrassing to see the whole case. It's really not worth the loss to become a commercial spy and ruin your future for this petty gain. Being able to enter Huawei is also considered an elite. With a criminal record, his future is basically ruined. . .
In fact, all cattle thieves start with stealing needles. If a person has no self-discipline and is used to taking advantage, he will always steal and "steal" wherever he goes. Maybe one day he will be sent to prison and punished by law.
Everything in this world is owned, whether it is individual or collective. If it's not yours, just "don't take it". If you own it without others' consent, it is "stealing" and immoral. Even if you take advantage, you will lose your personality and won't have a good reputation. Your reputation and reputation are a person's intangible wealth, which will give you more opportunities and benefits.