In the dead of night, the loneliness is unbearable.
You want to seek some thrills.
So you flip through your phone and turn on that kind of **.
Finally, I couldn't help but recharge my membership.
Behind the scenes, the operator of ** "Hi" fell from the sky.
This is a "business without capital".
You can make a lot of money by lying at home.
Can you really "make a fortune" without knowing it?
Have a snack.
The Internet is not a place outside the law.
Spreading ** items is even more harmful to others and oneself.
Be careful!You've been targeted.
[Brief facts of the case].
From March to September 2022, defendant Fu Mouting contacted defendant Wu Moujie through a chat software to provide server rental services and maintenance for his operation of **pornography**, and contacted technical personnel to set up a server named a** on the server provided by Wu Moujie and maintain it. Fu Mouting in the chat software group*** color *** through the network disk provided by Zhao Moukuan, by Wu Moujie on the server maintained by the "slicing" processing, and then uploaded by Fu Mouting to the **. The ** profit in the form of registered members, registered members through WeChat, Alipay and other channels to recharge, 10 yuan can be **a**color***50 yuan can be ** month, 100 yuan can be ** a year. Defendant Zhao Moukuan was responsible for connecting with a fourth-party payment platform, withdrawing illegal gains in the form of virtual currency, and settling expenses for the relevant technical personnel maintaining ** through virtual currency, and was responsible for regularly replacing ** domain names. Between May 28 and June 1, 2022, the defendant Wu Moujie uploaded about 200 of his modified *** links to A** through the ** management background authorized by Fu Mouting. Beginning in September 2022, defendants Fu Mouting, Zhao Moukuan, and Wu Moujie operated according to the above-mentioned division of labor model and named B**. Defendants Fu Mouting and Zhao Moukuan's illegal gains totaled RMB 3439640, and defendant Wu Moujie's illegal gains totaled RMB 27362667 yuan. After remote inspection by the public security organs, the total number of A** members was 425491, and the total number of VIP members was 9,790b**The number of members displayed in the background is 1078188, and the number of VIP members is 1187. According to the appraisal of the public security organs, there are 382 A**, 823 B**, and a total of 1,205.
[Court Decision].
After trial, the Xinfu District Court held that the defendants Fu Mouting, Zhao Moukuan, and Wu Moujie used the Internet to disseminate *** for the purpose of making profits, and the circumstances were particularly serious, and their actions had constituted the crime of disseminating ** items for profit, and it was a joint crime, and sentenced the defendant Fu Mouting to 12 years imprisonment and a fine of RMB 400,000 in accordance with the law;Defendant Zhao was sentenced to 11 years imprisonment and fined RMB 400,000Defendant Wu Moujie was sentenced to 10 years imprisonment and fined 150,000 yuan. After the verdict was announced, the defendant was dissatisfied and appealed, and the Xinzhou Intermediate People's Court ruled to reject the appeal and uphold the original judgment after the second-instance trial.
[Interpretation of the law].
1. Definition of ** article.
refers to books, periodicals, films, videotapes, audio tapes, and other items that specifically depict sexual acts or explicitly promote sexually explicit pornography. Scientific works on human physiology and medical knowledge are not ** items, and literary and artistic works with artistic value containing pornographic content are not regarded as ** items.
2. Using the Internet and mobile communication terminals to produce, reproduce, publish, sell, and disseminate electronic information, and the amount of electronic information is constituted
According to the first paragraph of article 1 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Involving the Production, Reproduction, Publication, Sale, and Dissemination of Electronic Information Using the Internet, Mobile Communication Terminals, and Voice Stations", it is provided: (1) Producing, reproducing, publishing, selling, or disseminating more than 20 ** documents, such as films, performances, and animations;(2) Producing, reproducing, publishing, selling, or disseminating more than 100 audio files;(3) Producing, reproducing, publishing, selling, or disseminating 200 or more electronic publications, articles, short messages, and so forth;(4) Production, reproduction, publication, sale, or dissemination of ** electronic information, where the actual number of clicks reaches 10,000 or more;(5) Publishing, selling, and disseminating electronic information in the form of a membership system, and registering members.
More than 200 people;(6) Using ** electronic information to collect advertising fees, membership registration fees, or other fees, with unlawful gains of 10,000 yuan or more;(7) Although the quantity or amount does not meet the standards provided for in items (1) through (6), but respectively reaches more than half of the two or more standards;(8) Causing serious consequences. Article 2 provides: Where the number or amount of conduct provided for in article 1 reaches five times or more of the standards provided for in items (1) through (6) of the first paragraph of article 1, it shall be found to be "serious circumstances" as provided for in paragraph 1 of article 363 of the Criminal Law;Where the required standard is 25 times or more, it shall be found to be "especially serious circumstances".
3. How to punish the crime of producing, reproducing, publishing, selling, and disseminating ** items for profit?
Article 363 of the Criminal Law of the People's Republic of China stipulates that anyone who produces, reproduces, publishes, sells, or disseminates ** articles for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined;where the circumstances are serious, a sentence of between three and ten years imprisonment and a concurrent fine is to be given;where the circumstances are especially serious, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
[Judge's reminder].
* Items not only corrupt the social atmosphere and harm the physical and mental health of the people, but also often induce other crimes such as telecommunication fraud. For every citizen, they should restrain their curiosity within the scope of the law and morality, and do not click, do not disseminate, and actively report the pornographic information, and consciously resist spiritual and cultural garbage. The Xinfu District People's Court will continue to actively perform its adjudication functions, implement the requirements of the special action to "eliminate pornography and fight illegal publications", integrate the core socialist values into judicial trial practice, and provide strong judicial safeguards for the purification of the cultural market environment. (Correspondent: Hou Jiaxin).