判例法数据库

网络犯罪

以获得个人或经济利益为目的的与计算机有关的行为

• 侵犯版权/ 商标
• 发送/ 控制发送垃圾邮件

关键词

• 电子证据

洗钱

犯罪

• 犯罪所得的转换/转移

参与有组织集团

犯罪

• 参加有组织犯罪集团的犯罪活动
• 组织、指挥、协助、教唆、便利或参谋实施涉及有组织犯罪集团的犯罪
• 约定实施严重犯罪(共谋)

Prosecution vs. Baksa Timea and others

事实梗概

Hungarian authorities disbanded an internet-based criminal organisation with country-wide ties. The high volume of illegal content seized proves the wide magnitude of the operation.

Illegal activities involved the use of ‘smswarez’ - an internet slang expression referring to  the unlawful sale of copyright-protected content in return for payment through SMS; ‘smswebs’ – which is a web page from which copyright-protected content can be downloaded in return for payment via SMS; and torrents – a p2p downloading technique. The main feature of this system is that the higher is the number of users sharing a file, the easier and faster is to download it.

Criminal activities started in 2002 and evidence shows that the group had a well-structured organization in 2006. The organization had at least 30 membersand its purpose was to make profits out of the unlawful trade of copyright-protected content.  The head of the criminal organisation was [B]. The other conspirators reported to him. [A] was responsible for the “sms” system. He developed the core of all the programmes by order of [B]. He also replaced  [B] in the server rooms of the offices of the criminal organisation. [G] sent out SPAM messages. According to his statement he sent out 16-20 million SPAM messages.
The organization ran several server rooms,storing legal and illegal content. Some of the rooms were not declared to the competent authorities.
The illegal data stored in the server rooms was used to send out links to illegal web pages, spam messages, lists of e-mails, domain registration.

[H] and [I] were in charge of technical support and operated the servers. The server rooms were registered as usef for internet hosting purposes in order to cover their illegal activities. organization declared that the purpose of the server rooms server-hosting activity. [J] was in charge domain registration.

According to the information gathered by law enforcement, the criminal organization laundered 761.000.000 HUF between 2007 and 2009. [B] used different kinds of punishment for the employees who did not abide by his instructions.

评注和重要特点

This organisation was the first criminal group whose activity was exclusively based on the infringement of copyright. There was a definite hierarchical relationship within the organization and the proceeds were shared according to the hierarchical level.

The perpetrators tried to launder proceeds of illegal activities by establishing bogus companies. Among the individuals involved were also lawyers, accountants and legal experts.

交叉问题

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯
• 参与者、调解人、从犯
• 组织者/指挥者

犯罪

详情

• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)
• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

匈牙利

乌克兰

侦查

没收和扣押

扣押的资金:
48000000 HUF

扣押的财产

5 cars and high-tech instruments (servers, laptops, etc.).

 

特殊偵查手段

• 电子或其他形式监视

评论

Law enforcement searched 5 server rooms in April 2009. Law enforcement seized 43 servers (approximate size: 200-250 terabyte). Further 5 servers were seized at a later stage.

High-tech devices were examined with analytical software, such as FTK and Encase.

The investigation revealed that [B] was engaged in money laundering and was assisted by [E] and other Ukrainian nationals. Among the conspirators were also an accountant and a lawyer. The laundered money was transferred through bogus companies and then withdrew from ATM-machines by the conspirators.

 

国际合作

所涉国家

罗马尼亚

措施

• 国际执法合作(包括国际刑警组织)

概览

Hungarian authorities sent a request to Romanian authorities via INTERPOL channels in order to obtain information on the death of the leader of the criminal organisation, [B].  Romanian authorities provided the requested information.

 

程序步骤

法律制度:
民法
最新的法院:
初审法院
诉讼类型:
刑事的

Prosecutors are still working on the case, no proposal for accusation has been issued as of yet.

 
 

被告/ 初审被申请人

被告:
[A]
性别:
被告:
[B]
性别:

Leader of the criminal organisation

被告:
[C]
性别:
被告:
[D]
性别:
被告:
[E]
性别:
被告:
[F]
性别: