The cloud service platform of Weier Driving School, developed and operated by Zhejiang Weier Technology Co., Ltd. (551.com), has been tested to meet the relevant technical requirements of the timing platform specified in the Technical Specification for Timing Training System Platform for Motor Vehicle Drivers. After completing the online learning hours through 551.com, it can be recognized by the relevant authorities.
In order to ensure students' real learning, a verification code will pop up at any time during the learning process to ask students to verify.
From 2065438 to March 2007, the defendant Zhao worked in Shaoxing Haiyou Network Technology Co., Ltd., and wrote a program that can automatically reply to the verification of 51.com, which can complete the class without students really studying.
From then on to July 2065438+2008, the defendant Zhao contacted a number of driving schools, promised that students could finish all the hours without really studying, provided the above procedures to a number of driving schools, and charged the driving schools according to the price of each student's 5 yuan. The illegal income totaled more than RMB 250,000.
2065438+On July 24th, 2008, the defendant Zhao wrote a program to push and inquire about the students' class time information to the relevant regulatory authorities through the driving training network, and used the server hosted by Haiyou Company in the IDC room of Shaoxing Telecom in Yuecheng District, Shaoxing City, and repeatedly visited and logged into the Shaoxing driving training network every second, resulting in the system being unable to operate normally.
According to the investigation, during the period from July 24th to 26th, 2065438+2008, the number of online students and coaches of Shaoxing Driving Training Network both exceeded 10000.
At about 22: 30 on July 27th, 20 18, the defendant Zhao was arrested by the police.
The confession of the defendant Zhao Moumou:
He was originally a technician and the only programmer of Shaoxing Haiyou Network Technology Co., Ltd. He wrote all the programs of the company, but the boss didn't understand them. The company has four servers. The IP address is 60.190.219.139,60.190.2140,60.190.35438+09.50089.00000000606 It uses the server 60.190.438+09.438+045438+0 to crack the driving training system and help students walk.
In order to pass the driving test, ordinary students have to learn 24-hour driving knowledge on the website of 5 1 worry-free before they are eligible to take the subject 1 test. When studying on the website of Worry-Free Music, in order to ensure that students really study in front of the computer, they will randomly jump out of graphic verification every ten minutes for students to verify. If the student is not in front of the computer and does not verify it in time, it is not counted as class hours.
He wrote a program through which students can log in and hang on the 5 1 worry-free website without studying in front of the computer, and the program will automatically verify the graphics.
He bought five old card inserting machines and manually swiped the cards for students. It provides the client to the driving school for free, but when the driving school students log in to the client, they will store the students' records on the server. In the next month of each natural month, they will charge the driving school at the price of 5 yuan per student according to the students stored in the server. This server records all the students' records stored from the beginning, which is estimated to be about 60.190.219.141.
However, students hung up the website of Worry-Free Music, and I don't know if the class time has been pushed to the regulatory authorities through the driving training network. They can only find it on the driving training network, so they want to crack this website and inquire for themselves. The cracking program started at noon 12 on 24th and ended at 15: 30 on 26th afternoon, because the server stopped. This program can try to crack the website password about 5 to 10 times per second. Its design program cracked the account password of Shaoxing driving and training network, and kept trying, which was destructive to Shaoxing driving and training network. Moreover, the designed program allows students to study on the website of worry-free music, which is also the destruction of the website and unfair to other students.
Defense of first instance
Defendant Zhao argued that the software he wrote did not have the function of destroying the computer information system, and his behavior did not constitute a crime of destroying the computer information system, which may constitute other crimes.
The main defense opinions put forward by the defender of the defendant Zhao Moumou are as follows:
The operating principle of1."3.2.1.exe" hang-up program is that after logging in the student account, students' school time data stored in the website are obtained, and then the captcha information generated by 51Carefree.com is captured for automatic identification, which bypasses the captcha security protection program and realizes automatic hang-up operation, which is suspected of illegally obtaining computer information system data.
Second, the operating principle of "Will Driving School Platform"-copy. E "program is to obtain the identity authentication information (account secret information) stored in Shaoxing driving and training network through continuous access, which does not belong to the destruction of the function and data of the driving and training network system, does not constitute the crime of destroying the data of computer information system, and is suspected of illegally obtaining computer information data.
Third, Zhejiang Qianmai Judicial Appraisal Center does not have the qualification to detect "destructive programs such as computer viruses", and its appraisal opinion does not show that the above two programs have a destructive impact on the system functions and data of Wuyoule and Shaoxing Driving and Training Network.
4. Defendant Zhao is a first-time offender, and has the performance of being frank, lenient, voluntarily pleading guilty and returning all illegal gains. , which belongs to a lighter or mitigated punishment and meets the conditions for probation.
Shaoxing Yuecheng District People's Court held that:
Defendant Zhao Moumou violated state regulations and interfered with the function of computer information system, with particularly serious consequences, which made the computer information system unable to operate normally, and his behavior constituted a crime of destroying the computer information system.
The charges charged by the public prosecution agency are established and our court supports them. According to the provisions of the criminal law, the destruction of computer information systems is manifested in three aspects:
First, delete, modify, add and interfere with the functions of the computer information system, which makes the computer information system unable to operate normally;
The second is to delete, modify and add the data and applications stored, processed or transmitted in the computer information system;
Third, deliberately making and spreading destructive programs such as computer viruses will affect the normal operation of computer systems.
Generally speaking, deleting, modifying or adding data or functions in a computer information system will affect the normal operation of the computer information system. These three ways are essentially interference. The provisions of the criminal law regard "interference" as an act of this crime alone, aiming at distinguishing it from the first three acts, that is, the actor does not directly delete, modify or add data or functions in the computer information system. Instead, it interferes and disrupts the computer information system by other means, which hinders the normal operation of its functions, that is, as long as it can disrupt the function of the computer information system in the end, this behavior is "interference".
The purpose of setting the verification code in the online video learning system of 51.51 music network is to ensure that students really learn and master the knowledge of safe driving, thus ensuring the safety of the public. Although the program software developed by the defendant Zhao Moumou did not directly delete, modify or add the online video learning system of 5 1 worry-free music network, it will automatically identify and verify the verification code set by 5 1 worry-free music network, so that students can brush classes without real learning, thus disrupting the function of the online video learning system. This behavior is essentially the same as directly deleting or modifying the function of computer information system, and the means are more subtle. Do not adopt the relevant excuses and defense opinions put forward by the defendant Zhao Moumou and his defenders on the characterization of this case.
According to the provisions of judicial interpretation, if it is difficult to determine whether it belongs to "computer information systems in the fields of state affairs, national defense construction and cutting-edge science and technology", "programs and tools specially used for invading and illegally controlling computer information systems" and "destructive programs such as computer viruses" as stipulated in Articles 285 and 286 of the Criminal Law, it shall be entrusted to the safety protection and management department of computer information systems at or above the provincial level for inspection. Therefore, the premise of entrusting the departments responsible for the security protection and management of computer information systems at or above the provincial level for inspection is that the above situation is difficult to determine.
In this case, it is clear that the defendant Zhao's act of destroying the computer information system is an act of interfering with the function of the computer information system, rather than deliberately making and spreading destructive programs such as computer viruses; The appraisal of Zhejiang Qianmai Judicial Appraisal Center is only the appraisal of the inspection procedure and the function of the server. This appraisal does not involve whether the program software developed by the defendant Zhao Moumou belongs to the category of computer virus, so its appraisal does not violate the above judicial interpretation provisions and is effective. The objection raised by the defendant Zhao's defender will not be accepted.
Defendant Zhao wrote a program to crack the account password of Shaoxing Driving and Training Network, and used the server hosted by Haiyou Company in IDC room of Shaoxing Telecom to access and log in to Shaoxing Driving and Training Network at several times per second, which made the driving and training system unable to operate normally. This fact is confirmed by witness testimony, documentary evidence and the defendant Zhao Moumou's own confession, which is enough to confirm. The relevant excuses and defense opinions put forward by the defendant Zhao and his defenders will not be adopted.
After the defendant Zhao Moumou was brought to justice, he was able to truthfully confess the crime and returned the money, which was given a lighter punishment according to law. The sentencing suggestions of the public prosecution agency and the opinions of the defendant Zhao and his defenders requesting a lighter punishment were adopted by our court.
Defendant Zhao's illegal income reached 250,000 yuan. According to the judicial interpretation, it belongs to one of the situations with "particularly serious consequences" and should be sentenced to fixed-term imprisonment of more than five years according to law, which does not meet the conditions for probation. Defendant Zhao's request for probation was not accepted.
In accordance with the provisions of the first paragraph of Article 286, the third paragraph of Article 67 and Article 64 of the Criminal Law of People's Republic of China (PRC) and the 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 Endangering the Security of Computer Information Systems, the verdict is as follows:
1. Defendant Zhao Moumou committed the crime of destroying computer information system and was sentenced to five years' imprisonment (the term is counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment);
2. Our court seized the defendant Zhao Moumou's RMB 250,000 to be recovered and turned over to the state treasury; After the seizure, it was temporarily stored in four servers of Shaoxing Public Security Bureau Yuecheng Branch (IP addresses are 60.19.2139, 60.190.25438+09.5438+040, 60.6438+090 respectively). 60. 1 90.2 1 9. 1 42), 3 mobile phones, 43 attendance cards for motor vehicle training, 5 punch cards, 2 computer mainframes, 6 notebook computers1set, and 6 servers, among which, black desktop computers with miscellaneous brands/kloc-0 were confiscated. 4 servers (IP addresses are 60.19.219.139,60.190.219.140,60./kloc-0.