Huawei employee jailed for stealing secrets

On the morning of April 12, a case related to Huawei employees was recently exposed by the media. The case number is (2021) Guangdong 03 Xingzhong No. 1657, titled "Yi Mou illegally obtained computer information system data and illegally controlled computer information system criminal second-instance criminal ruling."

Huawei employee Yi did not clean up the ERP login information after being transferred from his post. He used a bug to gain unauthorized access and disclosed the obtained data to a third party for profit. In the end, he was found guilty of illegally obtaining computer information system data and was sentenced to one year in prison and fined RMB 20,000. The illegal income totaling RMB 23,437.6 was recovered from Yi, which was confiscated in accordance with the law and turned over to the state treasury.

Brief introduction to the case:

In December 2010, after Yi was transferred from the cable material control department of Huawei, he failed to follow Huawei’s requirements to record the price of coded materials for cables in the ERP account. By the end of 2017, Yi had violated regulations and obtained price information for cable materials in the ERP system by making unauthorized inquiries and borrowing colleagues’ accounts to log in. After 2017, Yi found a loophole in the POL procurement applet in the ERP system. He could bypass permission control and view system data through specific operations, and obtained price information of cable materials in this way.

Yi informed Shenzhen Kingsignal High-Tech Co., Ltd. (a supplier of Huawei Technologies Co., Ltd.) of the illegally obtained price data through text messages, phone calls, and emails, thereby helping Kingsignal has increased its bid-winning rate in Huawei's bidding projects.

Between December 27, 2016 and February 28, 2018, 1,183 (918 *** after excluding duplicates) lines from multiple Huawei suppliers were repeatedly sent to the company’s mailbox. The purchase price of cable coding materials is sent to Kingsignal Company. Between 2012 and June 30, 2017, he accepted Kingsignal shopping cards worth a total of 7,000 yuan and 5 pairs of basketball shoes (worth a total of RMB 16,437.6).

From a legal perspective: Employees who steal company trade secrets will generally be subject to administrative penalties and bear civil liability for compensation. If the situation is serious, it constitutes the crime of infringement of trade secrets. According to the provisions of my country's "Criminal Law", the sentence for the crime of infringement of trade secrets shall be based on the losses caused by the infringement. If significant losses are caused, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Legal basis: Article 219 of the "Criminal Law" Who commits any of the following acts of infringement of trade secrets, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also be fined, or shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined: (1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means; (2) Disclosing, using or Allowing others to use the obligee's business secrets obtained by means of the preceding paragraph; (3) Violating confidentiality obligations or violating the obligee's requirements for keeping business secrets by disclosing, using or allowing others to use the business secrets in his possession. Anyone who knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secrets. The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.

[Legal Basis] "Criminal Law"

Article 282: The crime of illegally obtaining state secrets. The crime of illegally possessing state secrets, confidential documents, materials, and items: the crime of stealing Anyone who illegally obtains state secrets by means of spying or bribery shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or deprivation of political rights. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Anyone who illegally possesses documents, materials or other items that are top secrets or secrets of the state and refuses to explain the source and purpose shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance.

After the incident, Huawei issued a letter of understanding expressing its understanding of Yi’s infringement of Huawei. After the first trial, Yi filed an appeal, requesting that the original verdict be revoked and the sentence changed to exemption from criminal punishment in accordance with the law. The court rejected the appeal at the second instance and upheld the original verdict.

Alas, looking at the whole case is so sad. Turning into a commercial espionage for such a small profit would ruin your career. It’s really not worth the loss. Being able to join Huawei is considered an elite, but having a criminal record is basically ruining your future. . .

In fact, cattle rustlers all start by stealing needles. If a person does not have self-discipline and is used to taking advantage, he will always steal and "take advantage of others" wherever he goes. Maybe one day he will Will send himself to jail and accept legal punishment.

Everything in this world has its own owner, whether it is personal or collective. If it is not yours, you must "not take it". If you do not have the consent of others, it is yours. "Stealing" is immoral. Even if you take advantage, you will suffer a loss in your personality and will not have a good reputation. And your reputation and reputation are a person's intangible wealth, which will allow you to gain more. opportunities and benefits.