In the era of digital economy, data has become a core production factor and strategic resource, but new types of data crimes have emerged. In recent years, data crime cases have shown a fluctuating upward trend. This type of crime refers to crimes committed with data as the object or tool, resulting in serious consequences and significant social harm. Based on specific judicial cases, this type of crime has obvious technology driven characteristics, with the cost of technology acquisition and the threshold for technology application gradually decreasing. The number of non-technical personnel committing crimes has increased, and the crime has gradually shown professional and industrial characteristics. Case 1: The defendant Bai, who was sentenced to seven years in prison for using customized account snatching software to seize hospital account sources, heard that reselling hospital account sources was profitable and had the idea of "making quick money". Bai instructed others to create and upgrade multiple number grabbing programs specifically designed for several well-known tertiary hospitals. Later, he used these programs to grab a large number of hospital number sources and sold them at high prices for more than 500000 yuan, seriously disrupting the normal order of medical treatment. After appraisal, the above-mentioned number grabbing program has the functions of breaking through system security protection measures, unauthorized access to service interfaces, and automatic acquisition of hospital registration data, and is a destructive program. Bai confessed that he was inspired by the red envelope grabbing software and believed that he could quickly grab account sources through it. Therefore, he posted a "demand post" for the number grabbing software on an online forum, and someone took the order to create the software for him. Bai used software to grab accounts and resell them for money, gradually gaining a certain level of "fame". Patients and other account traders contacted him to register, and Bai prepaid the registration fee before selling at an additional price, ranging from 150 yuan to 500 yuan depending on the scarcity of the account source. Regarding the upgrade of the registration system in a tertiary hospital, Bai also maintained and upgraded the software, and sold the registration numbers until the incident occurred. After trial, the court found that Bai violated national regulations by interfering with the functions of computer information systems, causing them to malfunction. The consequences were particularly serious, and his behavior constituted the crime of damaging computer information systems. Considering his truthful confession, he is sentenced to seven years in prison for the crime of damaging computer information systems. According to the judge, maliciously seizing high-quality medical resources through account snatching software not only damages the legitimate rights and interests of patients, but also seriously disrupts the normal medical order. Article 286 of the Criminal Law of our country stipulates the crime of damaging computer information systems. The first paragraph of this article stipulates that those who violate national regulations by deleting, modifying, adding, or interfering with the functions of computer information systems, resulting in the inability of computer information systems to operate normally, with serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Those with particularly serious consequences shall be sentenced to imprisonment for more than five years. According to the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Endangering Computer Information System Security" issued by the Supreme People's Court and the Supreme People's Procuratorate, if the illegal gains exceed 5000 yuan or the economic losses caused exceed 10000 yuan, the consequences of this crime are serious. If the illegal gains or economic losses reach more than five times the serious consequences, the consequences are particularly serious. In this case, Bai instructed upstream personnel to create and upgrade multiple number grabbing programs for him in order to obtain hospital "number sources". He seized a large number of hospital number sources and sold them at high prices to downstream parties for huge profits, which far exceeded the particularly serious consequences stipulated in this crime. Based on other circumstances, the court made a judgment in accordance with the law. Case 2: Fictitious refund flyers "blind delivery" Multiple victims were defrauded of money. Defendant Wang was hired by someone else and illegally received more than 120000 sets of personal information data of citizens through overseas encrypted communication tools. Later, he fabricated facts such as "refund from educational institutions" to make flyers and used a certain courier to blindly distribute more than 120000 packages containing fraudulent flyers to unspecified individuals nationwide, defrauding a large amount of money. After investigation, the total amount of money involved in the case is over 700000 RMB. Wang confessed that he contacted others through overseas encrypted communication tools to take on the task of sending express delivery on behalf of others. The other party sent him the template images and recipient information that needed to be printed through encryption software. Wang printed the materials according to the other party's requirements, packaged the files, and handed them over to the courier for delivery. Multiple victims received express packages and added electronic fraudsters on QQ based on the refund notice inside. Later, they were defrauded of over 700000 yuan using various tricks. After trial, the court found that Wang violated relevant national regulations by illegally obtaining citizens' personal information, and the circumstances were particularly serious. His behavior constituted the crime of infringing on citizens' personal information. For the purpose of illegal possession, he colluded with others to fabricate facts and defraud others of their property, with a particularly large amount of money. His behavior has constituted the crime of fraud and should be punished together with the crime of infringing on citizens' personal information. The final decision was to execute a six-year sentence and a fine of RMB 65000. Blind delivery fraud is a new type of fraud, usually involving refund fraud, prize winning fraud, and other types. In this type of fraud, the infringement of citizens' personal information is intertwined with telecommunications network fraud. Criminals first illegally obtain a large amount of citizens' personal information, then blindly send fraudulent information leaflets and other materials to unspecified victims through express delivery, and finally carry out telecommunications fraud through remote non-contact methods. In this case, Wang first obtained a large amount of personal information of citizens from upstream electronic fraudsters, and then made "educational institution refund" flyers, which were blindly distributed to unspecified individuals nationwide, resulting in multiple victims being defrauded of money later on. This type of fraud usually exploits people's "fear of trouble" or "taking advantage of small gains" mentality. Therefore, for packages with unknown or suspicious sources, do not easily sign for them. If you accidentally sign for them, do not trust the contents of the package, do not scan unfamiliar QR codes, click on unfamiliar links, add contacts, etc. Especially for various transfer requirements, verify more to prevent falling into the trap carefully designed by fraudsters. Case 3: A technical personnel who illegally resold game props under surveillance was sentenced. The defendant, Song, had worked as a Java development engineer for a certain game company, mainly responsible for developing and maintaining the backend system of the user operation community. In his work, he learned that there were interfaces for developers to debug in the game side IDIP system and the mall system, which could distribute props to in-game characters. He then sold the game props illegally obtained through technical means, earning more than 720000 yuan. Song confessed that he used the interface for sending equipment and item rewards in the game community, along with the game area, character, and ID of the item sent, to obtain game equipment. But Song sent some equipment to his own account and then resold it to other players for a profit of 3000 yuan. After tasting the sweetness, he transferred a large amount of advanced game equipment to his own game account and sold it for profit. During the inspection, the company discovered an abnormal increase in game props involved in the case. After investigation, it was found that they were directed towards Song, which led to the incident. After trial, the court found that Song illegally obtained computer information system data, and the circumstances were particularly serious. His behavior constituted the crime of illegally obtaining computer information system data. Given that Song confessed, compensated the victim company for a portion of the money, and obtained forgiveness, the court sentenced him to three years and ten months in prison and a fine of RMB 40000 for illegally obtaining computer information system data. The second paragraph of Article 285 of China's Criminal Law stipulates the crime of illegally obtaining computer information system data, which refers to the act of violating national regulations by invading computer information systems outside of state affairs, national defense construction, and cutting-edge scientific and technological fields, or using other technical means to obtain data stored, processed, or transmitted in such computer information systems, with serious circumstances. This clause clearly stipulates that if the circumstances of the crime are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall also or only be fined; If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. According to the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Endangering Computer Information System Security issued by the Supreme People's Court and the Supreme People's Procuratorate, if the quantity of identity authentication information obtained, the quantity of illegal control of computer information systems, and the amount of illegal gains or economic losses caused meet certain standards, the circumstances of this crime are serious and particularly serious, including illegal gains of more than 25000 yuan or economic losses of more than 50000 yuan. In this case, the court held that the game props involved were generated by computer information systems, and their value was difficult to measure. Essentially, they belonged to electronic data, and their legal attribute was computer information system data. Therefore, Song committed the crime of illegally obtaining computer information system data, and his illegal profit of more than 720000 yuan was serious under the circumstances stipulated in this crime. The court made a judgment based on this in accordance with the law. The judge reminds that the means of data crimes are constantly innovating, involving a wide range of fields, seriously endangering national security, social order, and citizens' rights and interests, and the consequences of the harm are very serious. Based on the characteristics of judicial practice cases, preventive measures should be taken in the following aspects: firstly, regulatory checkpoints should be set up in key industries, fields, and links, and institutionalized management of the data application industry should be strengthened. Supervision and regulation of AIGC software operation platforms, key institutions, and related practitioners should be strengthened. Through business inspections and other measures, strict supervision and assessment should be carried out to promote the formation of industry consensus and strive to eliminate hidden dangers at the embryonic stage. The second is to use technological means to plug the loopholes that trigger data crimes, especially in areas with high universality of technology applications such as computer networks and communication monitoring, to strengthen technical prevention and control measures and reduce the incidence of technological crimes. The third is to increase the protection of personal information and enterprise intellectual property rights, standardize the comprehensive protection of various types of personal information such as property and non property information, private and non private information, sensitive and non sensitive information, and strengthen the collaborative protection of new production factors such as enterprise software copyright and data trade secrets. The fourth is to increase the crackdown and punishment on data crimes, forming a social deterrent. Cultivate judicial capabilities that are compatible with the technical characteristics of data crimes, and comprehensively enhance the high-tech and professional level of judicial activities. (New Society)