Dong, who "washed his hands in a golden basin", made huge profits
After being released from prison, he "returned to his old job".
Started as a "private detective".
Just when the company's "business" was in full swing
Dong and others illegally carried out activities
It attracted the attention of the public security organs
In daily life, some investigative companies under the banner of "consulting services", although they have been registered with industry and commerce and have the status of legal market entities, their investigation methods such as tracking and leading are obviously illegal, and they are even suspected of crimes. Recently, after the Shanghai Fengxian District Procuratorate initiated a public prosecution, the Fengxian District Court made a judgment on the three defendants engaged in private detective investigation: Dong was sentenced to two years in prison and fined 120,000 yuan for the crime of infringing on citizens' personal informationMa was sentenced to one year in prison, suspended for one year, and fined 20,000 yuanZhao was sentenced to six months in prison, suspended for one year, and fined 5,000 yuanReturn of illegal gains on record1480,000 yuan and confiscated, and 2 mobile phones and 4 locators were confiscated with the crime tools.
After being released from prison, he "returned to his old job".
In 2019, when Dong was engaged in private detective investigation, his behavior endangered the security of citizens' personal information, and he was sentenced to one year and six months in prison by the court for the crime of infringing on citizens' personal information. After being released from prison, Dong, who originally decided to "wash his hands in a golden basin", "returned to his old business" at the end of 2021 in order to make huge profits. He registered and established an information consulting company in Shanghai, covering private investigations, business investigations, rights protection investigations, etc.
Immediately afterwards, Dong used "so-and-so legal affairs" and "so-and-so personnel" to publish advertisements with different identities, soliciting business under the guise of truth investigation and marriage investigation. After negotiating the "consulting fee" of the investigation with the willing client, Dong will send the collected target information to the investigator, and when the manpower is tight, Dong will also act as the investigator and personally "take the order".
Once the target information has been analyzed, the investigator takes actionFor example, select a relevant location to squat or track the vehicle, and shoot**, record**. The investigator will hand over the investigation to Mr. Dong, who will sort out and give feedback to the customer, and then Mr. Dong will distribute the cost of the order to the corresponding investigator.
It is reported that the investigation period of a target is generally 3 to 7 days, up to two weeks, customers need to pay a fee ranging from 1,000 yuan to 10,000 yuan, and the cost of a week can reach 150,000 yuan.
From "single-handedly" to "recruiting".
It is understood that Dong's previous detective investigation work was mainly based on buying and selling information, and there was not much business.
The company's investigator Ma is Dong's hometown, who once failed in business and had a debt of 2 million yuan, and was eager to raise money to repay the debt. At the beginning of 2022, Dong found Ma and asked him to help install mobile GPS (English abbreviation of global positioning system) on other people's cars, claiming that these car owners owed money, and the installation of the locator was mainly to facilitate finding people, and said that he could pay Ma a considerable amount of remuneration. But with the increase in the frequency of installation, Ma also realized that something was wrong, and Dong clearly said that it was used for private investigation. Dong also claimed that his company's investigation business was "very bottom-line" and never accepted commissions with unclear identity relationships.
Ma felt that he really didn't hurt others, so he agreed to follow Dong to do this work. According to the information sent by Dong, he found the vehicle and installed a locator, checked the vehicle's movement path through his mobile phone for tracking, recorded the parking location of the vehicle, and took photos or videos.
In addition, Dong also met the athletic Zhao at a friend's dinner, and saw that the other party had superior physical fitness, so he recruited him to be a "detective" together. Under Dong's arrangement and instructions, Zhao will track and record the daily movement trajectory of the target person throughout the process according to his information.
Infringing on citizens' whereabouts and trajectory information
Three people were arrested
Just when the company's "business" was in full swing, the illegal activities of Dong and others attracted the attention of the public security organs. In June 2023, three people who were engaged in "detective work" were arrested by the public security organs one after another and brought to the case for investigation. The three confessed to the fact that they were engaged in an illegal investigation.
* Seized tools (locators).
After investigation, from the beginning of 2022 to June 2023, in order to obtain illegal benefits, the criminal suspect Dong accepted the entrustment of many people, and he or instructed Zhao, Ma and others to install mobile GPS, tracking, squatting, ** and other means on the vehicle to obtain the target person's movement trajectory and activity location, etc., or query the target object's hotel check-in records through others without authorization, and provide the above information to customers. Dong and others made a total of 14 illegal profits80,000 yuan.
In September 2023, the public security organs transferred the case to the Fengxian District Procuratorate for review and prosecution. The prosecutor in charge believes that Dong and others tracked and photographed the target, infringing on the citizen's "whereabouts and tracks" information in the citizen's personal information. Whereabouts and trajectory information generally refers to continuous information that can reflect the behavior and activities of a specific natural person in a certain period, and has the characteristics of geospatial and real-time dynamics, that is, it is linked to geographic space, has activity attributes, and is closely related to citizens' lives, health, property, and privacy. After Dong and others accepted the commission, they obtained and recorded the actions of the target object through full tracking and installation of electronic equipment, such as where they had been on that day, the length of stay, whether they had dated someone, etc. This information is related to the geographical location and real-time dynamics of the target at different times, and even to the personal safety of the parties, which is suspected of infringing on citizens' personal information.
On November 24, 2023, the Fengxian District Court of Shanghai heard the case. The picture shows the prosecutor appearing in court to support the prosecution.
At the same time,The prosecutor handling the case said that according to the relevant provisions, the criminal suspect Dong X and the other three constituted a joint crime, Dong X played a major role in the joint crime, was the principal offender, and Dong X was a repeat offender, and should be given a heavier punishment in accordance with law;Ma X and Zhao X played a secondary role in the joint crime, are accomplices, and shall be given a lighter or commuted punishment in accordance with law. On October 26, 2023, the Fengxian District Procuratorate prosecuted the three in accordance with the law. Recently, the court made the above judgment in accordance with the law after trial, and the judgment has now taken effect.
In addition, the relevant clues of the information consulting company registered by Dong have been transferred to the administrative organs for handling.
What rights and interests of citizens are violated by stalking
The prosecutor in charge believes that Dong and others tracked and photographed the target, infringing on the citizen's "whereabouts and tracks" information in the citizen's personal information. Whereabouts and trajectory information generally refers to continuous information that can reflect the behavior and activities of a specific natural person in a certain period, and has the characteristics of geospatial and real-time dynamics, that is, it is linked to geographic space, has activity attributes, and is closely related to citizens' lives, health, property, and privacy.
After Dong and others accepted the entrustment, they obtained and recorded the actions of the target object through the whole process of tracking, installing electronic equipment, etc., and the information was related to the geographical location and real-time dynamics of the target at different times, and even related to the personal safety of the parties, and was suspected of infringing on citizens' personal information.
Prosecutor ** Sun Xiaoguang).