The purchasing party colluded with internal personnel of the enterprise, remotely tampered with data through system vulnerabilities, and subsequently destroyed account books and deleted key data from computers... Faced with new criminal methods, the prosecutor of Xuchang City People's Procuratorate in Henan Province plunged into the background of the mine automation weighing system, compared and cross verified line by line, and accurately locked 8635 electronic records from March 2021 to January 2023 that had been deleted, involving a total amount of more than 23.6 million yuan. Recently, the Henan Provincial High People's Court upheld the first instance judgment made by the Xuchang Intermediate People's Court in the final judgment. Wang and others were sentenced to life imprisonment ranging from seven years and six months for theft and fined accordingly. Liu Yanxia, Director of the Ordinary Crime Prosecution Department of Xuchang Procuratorate, introduced that a certain building materials company is located in Qianjing Township, Yuzhou City, Xuchang City, mainly engaged in stone mining, processing, and sales. In March 2021, the company introduced an unmanned weighing system and designated employee Zhang as the sole highest authority administrator. During testing, Zhang discovered that after completing actual transaction orders in the invalidation system, the payment can be returned to the buyer's prepaid account. Zhang informed his colleague Li about this matter and, through Li's introduction, got to know Wang, the actual controller of a building materials sales company in Yuzhou City that has a stone procurement business with the company. The three of them carefully planned an "invisible" theft operation that exploited system vulnerabilities. From then on, after the actual transaction of purchasing stone materials from a certain building materials company in Wang's building materials sales company was completed, they used Zhang's permission to remotely log in to the unmanned weighing system of the building materials company, secretly void and delete some orders, and make the payment that should have been deducted return to Wang's building materials sales company prepayment account. A building materials sales company in Yuzhou City, knowing that Wang, Zhang and others had stolen property from the company by deleting orders, still accepted Zhang's deletion of order details and settlement of order payments. After the incident, a certain building materials company fell into the dilemma of production stagnation and urgent funding. Due to the high amount of money involved, after the case entered the prosecution stage, the prosecutor of Xuchang Procuratorate went deep into the enterprise multiple times to check the massive data such as ore weight and vehicle information with technical personnel, compared and analyzed them one by one, patiently listened to the enterprise personnel's explanation of the system's abnormal details, did not miss any clues, and finally penetrated the data fog and accurately locked the evidence. The Procuratorate of Xuchang City believes that the defendants Wang, Zhang, Li, and Lian used secret means to steal others' property with the purpose of illegal possession, and the amount involved was particularly large. Their actions have constituted theft and are joint crimes. They should be held criminally responsible for theft and prosecuted to the Xuchang Intermediate People's Court in accordance with the law. After trial, the court adopted the prosecution's recommendation for conviction and sentencing. After the verdict, Wang and others were dissatisfied and appealed separately. After the trial by the Henan Provincial High Court, it was deemed that the original verdict was accurate and the sentencing was appropriate. Therefore, the appeal was rejected in accordance with the law and the original verdict was upheld. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Rule of Law Daily
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