Online game theft cases_online virtual property theft cases (2)

Online Game Theft Case 5

In recent years, online games have become more and more popular among young people. However, as a virtual world, online games are not completely virtual. The game requires money or financial investment to upgrade. Virtual properties such as accounts, equipment, pets, etc. in the game can be exchanged and circulated through real currency. Some game accounts and equipment sell for as little as a few hundred to tens of thousands, making them valuable. , has become one of the targets of criminals. It is also common for people to be sentenced for illegal activities through online games. A case recently pronounced by the Shenzhen Luohu District People's Court is a typical example in this regard. A man transferred an online game account and then stole it and sold it back. He was eventually arrested. The court sentenced him for theft.

Selling game accounts due to financial constraints

Zhang Jie (pseudonym) is a very smart young man born in the 1990s, but his family has financial difficulties and his two younger brothers are still studying, so he had to drop out of school Come to Shenzhen to find a job. Due to his low academic qualifications, Zhang Jie has never been able to find a satisfactory job. Slowly, he became addicted to online games. Especially when he learned that he could exchange equipment, pets, and even accounts in online games for real currency, he even regarded online games as his only means of livelihood and played games online every day.

In October 2011, Zhang Jie met Chen Wei (pseudonym), who was also a fan of online games. The two often got together to play an online game called "Fantasy Westward Journey". Because he has not had a formal job for a long time, and online games can only be sold through a certain investment of time and money, Zhang Jie has no financial resources. In order to survive, he began to apply for credit cards from many banks such as China Guangfa Bank, Bank of China, and Shenzhen Development Bank for overdrafts. , and unknowingly accumulated more and more credit card debts. Due to overdue repayment, Zhang Jie planned to sell one of his game accounts. It happened that Chen Wei also wanted to buy Zhang Jie's game account. The two hit it off and agreed on a transaction price of 13,000 yuan. On October 17, 2011, Chen Wei first transferred RMB 4,800 to the bank card of defendant Zhang Jie, and then paid the remaining amount of RMB 8,200 to Zhang Jie in cash in one lump sum. On April 18, Zhang Jie changed the game account information to Chen Wei.

In order to continuously improve the game account, Chen Wei purchased the game Fa Pet BB from Zhang Jie’s other game account at a price of 2,000 yuan and used it in the game account he purchased, and invested 4,000 yuan in it. The game account purchases game currency, practices skills, upgrades game character skills, etc., allowing the game account to continuously upgrade and increase in value.

Stealing game accounts and reselling them to others for profit

For Zhang Jie, the 13,000 yuan he got from selling his game accounts was not enough to pay off his 20,000 yuan credit card debt. On July 25, 2012, Zhang Jie chatted with Chen Wei and learned that someone was willing to buy Chen Wei's game account for 32,000. Therefore, Zhang Jie, who was obsessed with money, had an idea and hurried to the Guangzhou branch of the developer of "Fantasy Westward Journey". He logged in and changed the password using the password he had obtained through peeking, and gave the above-mentioned game account information that had been sold to Chen Wei He changed it to himself and sold the account to others for 29,000 yuan through the game's official platform. On the same day, Chen Wei received a text message informing him that the registration of his game account had been changed. He immediately logged in to his game account. As expected, he could no longer log in. After he discovered that his game account had been stolen, he immediately called Zhang Jie's number, but Zhang Jie's phone could no longer be connected. . Only then did Chen Wei realize that his account had been stolen by Zhang Jie, so he called the police at the police station.

Theft of virtual property is also a crime

On October 21, 2012, Zhang Jie was caught on the spot by public security officers while surfing the Internet at an Internet cafe in Luohu District, Shenzhen. At this time, Zhang Jie's father realized the seriousness of the matter. The game was not completely virtual. Zhang Jie had also repaid part of the stolen money from the resale to his credit card and squandered the rest. Zhang Jie's relatives compensated the victim Chen Wei for economic losses of RMB 19,000. Recently, the Luohu District People's Court sentenced defendant Zhang Jie to one year in prison, suspended for two years, and fined 2,000 yuan for the crime of theft.

In recent years, various new types of cyber crimes have emerged one after another. Parents should pay attention to timely and effective guidance for their children in daily life, use the Internet correctly, and learn to protect their legitimate rights and interests on the Internet and in games. Q coins, game accounts, game point cards and other virtual properties, you should pay attention to restrain your behavior, and never try your own way to try the law for the sake of temporary benefits, so as to avoid lifelong regret.

Online Game Theft Case Chapter 6

Defendant Yang ××, male, born on ××year×month×day in Chongqing City, Han nationality, junior high school education, unemployed, living in Chongqing City XX Town, XX District, registered address: XX Road, XX District, Chongqing City. On suspicion of committing the crime of theft, he was criminally detained by the Yufeng Branch of the Liuzhou Municipal Public Security Bureau on June XX, 2013, and was arrested on August XX of the same year. He is currently detained at the No. × Detention Center in Liuzhou City.

Defender Yu Shiji is a lawyer at Guangxi Chaoren Law Firm.

The People’s Procuratorate of Yufeng District, Liuzhou City, Guangxi Province accused the defendant Yang of committing theft by indictment No. (2013) × in Liuzhou City, and filed a public prosecution with this court on November ×, 2013 , it is recommended to apply the simplified procedure for trial. After accepting the case on November ×, 2013, this court decided to change the case to an ordinary procedure trial on November ×, 2013, and formed a collegial panel in accordance with the law. The case was heard in public on December ×, 2013. The People's Procuratorate of Yufeng District, Liuzhou City, Guangxi Province assigned prosecutors to appear in court to support the prosecution. Defendant Yang ×× and his defender, lawyer Yu Shiji, attended the court to participate in the proceedings. The trial is now concluded.

The People's Procuratorate of Yufeng District, Liuzhou City, Guangxi Province accused: Liu from Yufeng District, Liuzhou City, Guangxi Province, registered a "XXXX" account under his real name to enter the "Street Basketball" online game of Shanghai ×× Software Co., Ltd. On February ×, 2013, the defendant Yang ×× used a computer to log into the Internet at his home in ×× Town, ×× District, Chongqing City. He used a password to log in to the game account of the victim Liu, and stole the game equipment belonging to the account. Including "Diaodiomao", game points, gems, etc. After evaluation, the stolen game equipment items were worth RMB 32,141.

At about 16:00 on June XX, 2013, the public security organs captured the defendant in XX Town, XX District, Chongqing City.

In order to support the above accusations, the sending agency submitted the following evidence to this court: 1. Physical evidence, 2. Documentary evidence, 3. Witness testimony, 4. Victim’s statement, 5. Defendant’s confession, 6 , Appraisal opinions, 7. Identification records.

The public prosecution organ believes that the defendant Yang ×× stole citizens’ legitimate property for the purpose of illegal possession, and the amount was relatively large. His behavior violated Article 260 of the Criminal Law of the People’s Republic of China and the People’s Republic of China. Article 4: If the criminal facts are clear and the evidence is reliable and sufficient, he should be held criminally responsible for the crime of theft.

Defendant Yang XX and his defender have no objection to the facts and charges charged by the public prosecution agency, and request the court to give a lighter punishment.

After trial, it was found that:

On February ×, 2013, the defendant Yang ×× used a computer to log into the Internet at his home in ×× Town, ×× District, Chongqing City, using a password. method, log in to the game account of the victim Liu, steal the game equipment and game items in the account, including "Diaodiomao", game points, gems, etc., and transfer them to the "XXXX" account registered by the defendant Yang . (After evaluation, the value of the stolen game equipment items such as "Diaodiomao", game points, and gems is RMB 32,141, and the remaining equipment items cannot be valued yet). Defendant Yang was discovered by the victim Liu during the process of transferring equipment and items. After the victim called the police, Shanghai XX Software Co., Ltd. froze the relevant game account and sealed the game equipment in the account. At around 16:00 on June XX, 2013, the public security organs conducted technical investigation and captured the defendant Yang XX in XX Town, XX District, Chongqing City, and seized a computer host as a tool for committing crimes.

The evidence to confirm the above facts includes: case registration form, case filing decision, defendant Yang××’s confession materials, victim Liu’s statement, defendant Yang××’s identification record and identification photos, The testimonies of witnesses Peng, Tian and Liu, the investigation letter, the list of seized items, the list of trading equipment provided by the victim Liu, Shanghai XX Software Co., Ltd. - prop price list, issued by Shanghai XX Software Co., Ltd. Description of the situation, list of stolen warehouse props, stolen game props, list, electronic evidence inspection work record, inspection and inspection photo record sheet, sealed electronic evidence list, original evidence use record, retrieved evidence list, price appraisal conclusion letter , price description, appraisal opinion notice, situation description, arrest process, arrival process, defendant Yang’s household registration certificate, etc.

The facts of this case are clear and the evidence is sufficient to establish the case.

This court believes that virtual game equipment and virtual game items in online games are generated by game players’ investment of time, money, and labor, and have use value and exchange value, and have property attributes. The act of stealing the virtual game equipment and virtual game items of the game characters in the account not only destroys the system security of the network and computer, causing negative social impact, but also infringes upon the legitimate property rights of others. Defendant Yang ×× used secret means to steal other people's property for the purpose of illegal possession, and the amount was relatively large. His behavior constituted the crime of theft. The public prosecution agency charged the defendant Yang ×× with the crime of theft and was found guilty. After defendant Yang returns to the case, if he can truthfully confess his crime, he may be given a lighter punishment in accordance with the law. This case was discussed and decided by the Judicial Committee of this court in accordance with Article 264, Article 67, Paragraph 3, Article 72, Article 73, and Paragraph 3 of the Criminal Law of the People's Republic of China. In accordance with the provisions of Articles 52, 61 and 64, the verdict is as follows:

Defendant Yang was convicted of theft and sentenced to two years and three months in prison, suspended for three years, and A fine of RMB 30,000 shall be imposed (the probation period shall be calculated from the date of this judgment; the fine has been paid).

A computer host temporarily detained by the Liuzhou Municipal Public Security Bureau was confiscated, which caused a huge amount of money to the national treasury.

If you are dissatisfied with this judgment, you may appeal through this court or directly to the Guangxi Liuzhou Intermediate People's Court within ten days from the second day after receiving the judgment. If the appeal is made in writing, one original and two copies of the appeal shall be submitted.

Online Game Theft Case Chapter 7

A young couple who was addicted to love, because both of them were obsessed with "online games", they were idle all day long. After being opposed by their parents, they decided to leave home to enjoy themselves. A world of two people started. When they were penniless and without any source of income, burglary became their way of making ends meet. Recently, the Jingxing Police Station of the Longjiang County Public Security Bureau cracked 33 series of burglaries involving more than 20,000 yuan through careful work.

Since September last year, Jingxing Police Station has received reports from many people in the area that their homes were stolen and gold and silver jewelry, cash and other items were lost. After receiving the report, director Liu Gang led the police to immediately launch an investigation. Based on the on-site investigation, the police found that the methods of committing multiple thefts were similar. The suspect should be a short and thin young man. Combining many clues, the police carefully investigated the idle people with a history of theft and unknown financial resources in the jurisdiction. They also conducted focused investigations on immigrants and rented houses. They collected the fingerprints and DNA of such people and compared them with the stolen goods left at the scene by the suspects. Trace evidence was compared, but a large amount of work did not bring substantial progress to the case.

During the visit at noon on April 3, the police learned that Xiaoqiang and Mengmeng (both pseudonyms) were a young couple. They had no financial resources and their families were not wealthy, but they often hung out in Internet cafes. , disco, and has spent a lot of money for a period of time, constantly adding new clothes, replacing mobile phones and other items. The physical characteristics of the two men were very similar to those of the suspects investigated at the scene. According to the preliminary judgment of the police, the two men were suspected of committing a major crime.

In order to avoid alerting the snake, on the one hand, the police went to Internet cafes, shopping malls and other places to secretly investigate the two people's life patterns and whereabouts; on the other hand, they controlled their rental house to prevent the two from escaping. After the police obtained a large amount of evidence, on the morning of April 4, the police captured the suspects Xiaoqiang and Mengmeng hiding in the rental house.

According to the police, Xiaoqiang and Mengmeng were lovers and were addicted to online games all day long. Their parents did not agree with their relationship, so they moved out of their homes to rent a house. Not long after, the money in their pockets After spending all the money, since they had no job and no source of income, the young couple, who was addicted to surfing the Internet, came up with the idea of ??stealing. Since September last year, the two often pretended to be walking as a couple to look for "targets". When no one was at home, they used iron bars to break into the house and break into the house.

At present, the suspects Xiaoqiang and Mengmeng have been detained under criminal detention, and the case is under further work.

Online Game Theft Cases Chapter 8

Guangzhou Daily reported on October 29 that with the rise of online games, there are more and more behaviors such as stealing Q coins or virtual property in games. The characterization of this behavior once became a "difficult problem" that law enforcement workers need to face. Recently, prosecutors from the Guangzhou Tianhe District Procuratorate analyzed in detail the trial process of the first case of theft of online virtual property in Guangdong Province, and gave a "diagnosis" that "the theft of huge amounts of online virtual property should be considered the crime of theft". The handling of similar cases provides judicial samples.

Replay of the case: tricking game players into stealing accounts

Starting in 2005, NetEase began to receive complaints from Westward Journey players claiming that game accounts, gems, summoned beasts and other virtual properties Stolen. After investigation by the public security agency, the stolen gems, summoned beasts, etc. were all sold from the same IP address.

In 2007, a young man named Yu Haibin was captured and brought to justice. After investigation, in early 2005, Yu Haibin was in Linfen City, Shanxi Province, under the pretext of signing an electronic contract on an Internet forum to purchase Westward Journey 2 game character accounts, tricking game players into providing them with their true identity information and email addresses, and guessing their email addresses. Password and other methods, enter the player's mailbox to obtain their Westward Journey account information, and then impersonate the player and send the forged or altered identity information to NetEase to modify the account security code. After Yu Haibin obtained the game account security code, he publicly sold game accounts and virtual items on the Internet to make profits. From 2005 to February 2007, Yu Haibin used the above method to steal 33 Westward Journey game accounts, and sold virtual properties such as summoned beasts and gems in 15 of the accounts, making a profit of more than 20,000 yuan. The above items are worth RMB 98,250.

In 2008, the Tianhe District Procuratorate filed a public prosecution in the Tianhe District Court for the crime of theft. In the first instance, the court sentenced Yu Haibin to three years and three months in prison and fined him 20,000 yuan. After Yu Haibin appealed, the Guangzhou Intermediate People's Court rejected the appeal and upheld the original verdict.

This was the first case of theft of online virtual property in the province and the first virtual property case in the country to be prosecuted and sentenced for theft. It is the first of its kind in the country in terms of legal application and amount determination.

Difficulty in deciding the case 1: Convicted of theft or fraud?

There are many difficulties hidden in the seemingly simple case. The most critical point is, how should Yu Haibin’s behavior be characterized? This is the first case of theft of online virtual property in Guangdong Province. Among the prosecutors of the Tianhe District Procuratorate, two opinions have been formed. One believes that he should be prosecuted for the crime of theft. , one thinks it should be classified as fraud.

After many discussions, the Public Prosecution Section of the Tianhe District Procuratorate decided to prosecute Yu Haibin for the crime of theft. Wang Yan, one of the handling prosecutors, analyzed the various legal implications behind "theft" to reporters.

The so-called property refers to everything with economic value. In this case, the account of Westward Journey and the virtual property in the account were obtained during the game by game players who spent a large amount of Internet fees and purchased game points, investing economic costs. The above-mentioned virtual items can be sold within the scope of game players, realizing transactions between virtual property and cash. It can be seen that virtual property has economic value.

During the discussion of the case, the reason why there was an opinion of "fraud" was because Yu Haibin defrauded NetEase of player account information by obtaining the identity information of the victim player. However, although Yu Haibin obtained the players' virtual property by obtaining the right to access the game account, he secretly took possession of the player's virtual property without the game player's knowledge.

Wang Yan explained that the biggest difference between fraud and theft is that victims of fraud "voluntarily deliver" their property after being deceived, while victims of theft have their property "secretly" stolen.

Difficulty in deciding the case 2: How to calculate the amount of quantitative virtual property?

Although virtual property can be traded in cash, the transaction is often conducted through a private negotiation transaction. Because there is no market price, the price appraisal agency is currently unable to conduct price appraisals on the virtual items involved in the case.

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