Pertinent Legal Provisions
Article 253-1 of the Criminal Law of the People's Republic of China
Basic Facts
In June 2020, the defendant, Xiong Changheng, invited the defendants, Xiong
Changlin, Xiong Gonglang and Xiong Changqiang, to engage in business
activities of selling finished Wechat accounts containing citizens' personal
information that could be used for social activities, making little profit during
this period due to lack of experience. In order to seek more interests, at the
end of September 2020, the defendants, Xiong Changheng, Xiong Changlin,
Xiong Gonglang and Xiong Changqiang, jointly invested to buy on the Internet
software called "Weiqibing" (marketing software based on the computer version
of Wechat running with multiple-clone and multiple-account intelligent mass
texting, addition of friends, join in and withdrawal from groups, and fan
clearing), used it to illegally add Wechat friends, and made the finished Wechat
accounts for sale. In October 2020, Qin Yingbin (on the run), a friend of the
defendant, Xiong Changheng, invested CNY50,000 (who owned 40% of the
shares); Xiong Changheng invested CNY20,000 (who owned 20% of the
shares); the defendants, Xiong Changlin, Xiong Gonglang and Xiong
Changqiang, invested in a certain number of computers and mobile phones
(who owned 10% of the shares respectively); the defendant, Fan Jiacong, did
not invest (who owned 5% of the shares); proceeds from another 5% of the
shares were used for the company's overheads. Later, they bought office desks,
computers, second-hand mobile phones and other items together, rented
Linglongge Building, Wuhua Road, Hezhou Sub-district, Fengcheng City, Jiangxi
Province, and set up "Fengcheng Changwen Trading Co., Ltd.". Qin Yingbin was
responsible for the procurement of blank Wechat accounts and sales of finished
Wechat accounts. The defendant, Xiong Changheng, was responsible for the
internal management of the company and recruitment of employees. The
defendants, Xiong Changlin, Xiong Gonglang, Xiong Changqiang and Fan
Jiacong, and hired employees were directly involved in the illegal production of
finished Wechat accounts with the "Weiqibing" software. Qin Yingbin sold
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