Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined: setting up a website in the name of a state organ or financial institution to carry out illegal and criminal activities; The number of websites used to carry out illegal and criminal activities has reached more than three or the cumulative number of registered accounts has reached more than 2,000; Establishing a communication group to carry out illegal and criminal activities, with more than five people or more than 1,000 accounts of group members; 1. Publishing illegal and criminal information or publishing information on the implementation of illegal and criminal activities is under any of the following circumstances. Publish more than 100 pieces of relevant information on the website; 2. Send relevant information to more than 2,000 user accounts; 3. Send relevant information to communication groups with more than 3000 members; 4. Use social networks to disseminate relevant information, and the cumulative number of accounts of relevant personnel has reached more than 30,000; The illegal income is more than 1 10,000 yuan; Having received administrative punishment for illegally using information network, helping information network criminal activities, endangering the security of computer information system, and illegally using information network within two years.
Legal basis: Article 287-1 of the Criminal Law of People's Republic of China (PRC) uses information network to commit one of the following acts. If the circumstances are serious, he 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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Use of Information Networks and Helping Information Network Crimes Article 10 Illegal use of information networks shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 287-1 of the Criminal Law:
(1) Establishing websites in the name of state organs or financial institutions to carry out illegal and criminal activities;
(two) the establishment of the implementation of illegal and criminal activities of the website, the number reached more than three or registered accounts reached more than two thousand;
(three) the establishment of a communication group to carry out illegal and criminal activities, with more than five people or more than one thousand accounts of group members;
(four) the release of illegal and criminal information or the release of information on the implementation of illegal and criminal activities, in any of the following circumstances:
1. Publish more than 100 pieces of relevant information on the website;
2. Send relevant information to more than 2,000 user accounts;
3. Send relevant information to communication groups with more than 3000 members;
4. Use social networks to disseminate relevant information, and the cumulative number of accounts of relevant personnel has reached more than 30,000;
(five) the illegal income of more than ten thousand yuan;
(6) Having been subjected to administrative punishment for illegally using information networks, helping criminal activities of information networks, endangering the security of computer information systems, and illegally using information networks within two years;
(7) Other serious circumstances.