Source: Beijing Daily Newspaper Group
Programmer An uses the company's server "idle" to deploy "mining" programs for his own profit. As of the incident, in just six months, more than 100 servers illegally controlled by Ann had acquired virtual currencies such as Bitcoin and Monero worth more than 100,000 yuan. An, who was guilty of illegally controlling a computer information system, was sentenced to three years in prison by the court of first instance with a fine of 11,000 yuan. Later, An appealed against him. The reporter learned today that the Beijing No. 1 Intermediate People's Court made a lifelong verdict on the case, rejected An’s appeal and upheld the original verdict.
Case replay
An joined a technology company in 2016 and is responsible for the daily operation and maintenance of the company's server. Because I usually have a lot of exposure to Bitcoin, around January 2018, An learned that he could upload a mining program to the company's server through a website, and then upload the company's computing resources to the website. The website mines electronic currency such as Monero by using the computing resources he uploaded, and settles with him in Bitcoin according to the computing resources he uploaded. After discovering that this method can be profitable, An tried to upload and run the mining program by controlling one of the company's servers, and the results were quite profitable.
Having tasted the sweetness, Ann began to use his "rights" frantically. As of the incident, Ann had illegally controlled more than 150 company servers. After the company discovered that the server was running abnormally, it quickly reported the case, and the procuratorate filed a prosecution to the court for illegally controlling the computer information system.
The court of first instance found that the defendant, An, violated national regulations and used technical means to illegally control the computer information system. The circumstances were particularly serious. His behavior constituted the crime of illegally controlling the computer information system and should be punished. Combining with the nature and circumstances of An's criminal behavior, the defendant An was sentenced to the crime of illegally controlling computer information systems and sentenced to three years in prison and a fine of RMB 11,000.
After the judgment of the first instance, An appealed to the Beijing No. 1 Intermediate People's Court.
An believes that although he has carried out relevant actions, he is only using the idle resources of the server to make a profit. He manages and runs these servers himself. There is no illegal control over the behavior of controlling the company's servers. An argues Alleged that his behavior does not constitute the crime of illegally controlling computer information systems.
The Beijing No. 1 Intermediate People's Court held that as an operation and maintenance engineer of the company, An should carry out relevant work within the scope of the company's authorization, and his behavior after entering the server should be within the company's explicit authorization. However, An Mou went beyond the authority granted by the company and violated the will of the company. Based on the purpose of illegal profit, he used the power and convenience granted by the company to deploy and run mining programs on the company's multiple servers without authorization, occupying a large amount of computing on the company's servers. Resources, this behavior is an illegal act of using technical means to illegally control the company’s computer information system. In view of the fact that Ann has illegally controlled more than 100 computer information systems, his behavior not only constitutes the crime of illegally controlling computer information systems, but also belongs to a particularly serious situation.
Accordingly, the Beijing No. 1 Intermediate People's Court ruled to reject An's appeal and uphold the original verdict.
As a technician, don't make the wrong decision just because of impulse and let yourself go astray.
记得点击「在看」，然后转给你身边的朋友们。