sentenced to fixed-term imprisonment of one year and ten months for the crime
of infringing citizens' personal information, and fined CNY60,000; the
defendant, Fan Jiacong, should be sentenced to fixed-term imprisonment of ten
months for the crime of infringing citizens' personal information, and fined
CNY30,000 (already paid); the illegal gains of CNY14,500 returned by the
defendant, Fan Jiacong, should be confiscated, and turned over to the national
treasury in accordance with the law; the illegal gains of CNY58,000, CNY29,000,
CNY29,000 and CNY29,000 further recovered from the defendants, Xiong
Changheng, Xiong Changlin, Xiong Gonglang and Xiong Changqiang,
respectively, should be confiscated and turned over to the national treasury in
accordance with the law; the seized mobile phones should be confiscated and
disposed of by the seizure authority in accordance with the law.
Reasons for the Decision
The effective judgment held that the defendant, Xiong Changheng et al., in
violation of the relevant national provisions, jointly invested to buy blank
Wechat accounts and marketing software with functions such as intelligent mass
texting, addition of friends and join in groups, bought other job seekers'
information through the Internet, illegally added friends on Wechat, made
finished Wechat accounts for sale or provided illegally obtained citizens'
personal information to others, and made profits from them, with particularly
serious circumstances, constituting the crime of infringing citizens' personal
information. Citizens' personal information in this crime refers to information
that is closely related to citizens and is undesirable to be known by other groups
other than specific groups. If the illegally obtained citizens' personal information
is citizens' private information or information that may have extremely adverse
consequences after being leaked, it will not only seriously infringe the safety
and legitimate rights and interests of citizens' personal information, but also
provide help for online gambling, telecom network fraud and other illegal and
criminal activities, seriously disturb the social public order, and have a great
social harm. Wechat is not only a communication tool, but also has social
contact, payment and other functions. A Wechat account is bound with a real
name-registered mobile phone number as well as any bank card of a natural
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