Recently, the Shangyu District Procuratorate of Shaoxing City received a request for help from Xiao Ai, a postdoctoral fellow. Surprisingly, Xiao Ai has never been to work but found that she has a 22-month social security payment record and has "work experience" for six construction companies in Zhejiang Province. After half a year of in-depth investigation and excavation, the procuratorate uncovered a criminal act involving the buying and selling of citizens' information. This article will describe in detail what happened and the story behind this case.
In July 2022, Xiao Ai was about to become a postdoctoral fellow at a key university in Zhejiang, but when she went to apply for social security, she found that she actually had social security payment records from 6 construction companies in Hangzhou, Huzhou, Shaoxing, Lishui and other places. What shocked her even more was that she was also given an intermediate carpentry certificate. Xiao Ai found a construction company registered in Shangyu District, Shaoxing City, to question. The company explained that it had carte blanche to entrust an intermediary company in Hangzhou to handle the construction qualifications, and the intermediary company used the ID cards and technician certificates of 36 people, including Xiao Ai, and paid social security for them for a month. However, these social security records not only deprived Xiao Ai of her status as a fresh graduate, but also caused her to be unable to enjoy benefits such as fresh graduate subsidies and talent subsidies. Xiao Ai felt very anxious and helpless, and she tried to defend her rights by going to the functional department where the company was located, but in the end she could not solve the problem. Since Xiao Ai was the only one who reported the case, the public security organs did not meet the criteria for filing a criminal case, so they could not file a case for handling.
After a detailed investigation, the prosecutor found that in addition to Xiao Ai, more than 30 people had purchased personal information, which may have involved multiple cases of citizen information being infringed. These acts of illegally buying and selling citizens' personal information have reached the standard of filing a case for prosecution, and the procuratorate has determined that this has constituted a crime of infringing on citizens' personal information. On February 17, the public security organs filed a criminal case against the case and asked the procuratorate to intervene in advance to guide the investigation.
The investigation shows that in January 2021, in order to participate in the bidding work, the unqualified Jiasheng Company acquired Hangzhou Yijia Company, which has the qualification of general contracting of engineering construction. In order to migrate Yijia's construction qualifications to Shaoxing, Jiasheng Company entrusted Hangzhou Bingwang Company (intermediary) to handle the relevant relocation work. Bingwang purchased the personal information of 36 people from a person named Sun and used the information to migrate their qualifications. Sun was arrested by the public security organs as a criminal suspect and brought to justice.
Investigators found that Sun not only had the ID cards of Xiao Ai and others, but also found important people in the chat records"Kouzi"with"Zhang"。Through Sun's chat records with these two people, the prosecutor found a complete ID card purchase record, intermediate engineering records, and transfer vouchers. As a result, the procuratorate traced Sun's previous home"Kouzi"and accomplices"Zhang"。At the same time, the public security organs seized some of the original ID cards of others at Sun's home. Faced with so much evidence, Sun finally had to admit the crime.
After investigation, it was found that from January 2021 to October 2022, Sun from"Kouzi"More than 30 ID cards were purchased there and passed"Zhang"I have applied for many technician certificates. He has also provided these identities and technician credentials to several construction companies on several occasions to meet the number of skilled workers required to improve their qualifications. He earned a total of 450,000 yuan in profits.
The procuratorate believes that Xiao Ai's social security record problem caused by the sale of citizens' personal information by criminals needs to be resolved. They supported Xiao Ai in filing a civil lawsuit to protect her legitimate rights and interests. Through the efforts of the procuratorate, on May 23, 2023, Xiao Ai reached a mediation agreement with Jiasheng Company, and Jiasheng Company compensated her 4$50,000 in losses.
At the same time, the Shangyu District Procuratorate issued a procuratorial recommendation to the relevant functional departments, requesting that Xiao Ai's social security record be revoked. They also handed over other cases involving illegal social security payments to local authorities. At present, the elimination of social security records of relevant personnel has been completed.
Through the handling of this case, Sun confessed that he used the purchase of citizens' personal information and identity documents, and the unspoken rules in the industry to help construction enterprises improve their qualifications. Li Xueming, deputy procurator general of the Shangyu District Procuratorate, said that based on the handling of this case, they established a digital procuratorial platform called "Supervision of Information Cases of Misappropriation of Professional Personnel in the Construction Field", and used the platform to conduct a survey of enterprises in the jurisdiction that have obtained construction qualification improvement in the past three years, and found 74 suspicious enterprises and 250 potential victims. At present, the relevant clues have been transferred to the public security organs for further investigation.
Sun was sentenced to two years and three months in prison and fined 150,000 yuan. "Kouzi"with"Zhang"and others were dealt with separately on suspicion of the crime of buying and selling resident identity documents and the crime of infringing on citizens' personal information, and were taken criminal coercive measures.
Through the support of the Shangyu District Procuratorate, Xiao Ai successfully protected her rights and interests, and Jiasheng Company compensated her 4$50,000 in losses. The procuratorate also made a recommendation to the relevant functional departments to revoke Xiao Ai's social security record. In addition, they also transferred other clues of illegal social security payment cases to local functional departments for processing.
Despite the preliminary conclusions of the case, prosecutors said the case revealed illegal criminal activity in the construction industry and said similar violations could be common among intermediaries. In order to further crack down on such illegal activities, the Shangyu District Procuratorate has established a corresponding digital procuratorial platform and will continue to monitor and track the occurrence of similar cases.
This case is a criminal incident involving the buying and selling of citizens' personal information, and through the in-depth investigation and intervention of the procuratorate, a criminal network involving the buying and selling of citizens' information has been uncovered. Through the handling of the case, the procuratorate protected Xiao Ai's legitimate rights and interests, investigated the responsibility of the criminal suspect, and made suggestions to the relevant functional departments to prevent and crack down on such illegal and criminal activities. This case is not only of great significance for protecting the security of citizens' personal information, but also warns and reflects on the legitimacy and fairness of professional qualifications in the construction industry. The procuratorial organs will continue to strengthen supervision and crack down on such illegal and criminal activities and maintain normal social order and a fair competition environment.