Criteria for filing the crime of illegal use of information network
According to Article 287 of the Criminal Law, anyone who uses information networks to commit one of the following acts will be punished as the crime of illegal use of information networks: those who set up websites and distribution groups for illegal and criminal activities such as fraud, teaching criminal methods, making or selling prohibited items and controlled items; Publish information on manufacturing and selling drugs, guns, obscene articles and other prohibited articles, controlled articles or other illegal and criminal activities; Publish information to carry out illegal and criminal activities such as fraud.
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Legal basis:
Article 287- 1 of the Criminal Law on the Crime of Illegal Use of Information Network
Whoever commits one of the following acts by using the information network, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined:
(a) to establish websites and distribution groups that commit fraud, teach criminal methods, make or sell prohibited items, controlled items and other illegal and criminal activities;
(2) publishing information on manufacturing and selling drugs, guns, obscene articles and other prohibited articles, controlled articles or other illegal and criminal activities;
(3) publishing information for the purpose of committing illegal and criminal activities such as fraud. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.