According to the provisions of the Criminal Law of People's Republic of China (PRC):
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income;
If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations; ?
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
Extended data:
Case: Technical man used his power to falsely charge 7 million fuel cards? Sentenced 14.5 years.
Gu, a man who graduated from Tsinghua University with a master's degree in computer science, founded Beijing Boruisheng Information Technology Co., Ltd. and served as the general manager. With the convenience of managing the database of PetroChina fuel cards, he illegally recharged nearly 7 million yuan for more than 1000 fuel cards and sold them to scalpers at a price of 9.5%. Yesterday, the reporter learned that the No.1 Intermediate People's Court sentenced Gu to fixed-term imprisonment 14.5 years for theft.
Tsinghua Master Programming Private Charge Fuel Card
Gu, 38, graduated from Tsinghua University with a master's degree in computer science. After graduation, Beijing Boruisheng Information Technology Co., Ltd. (hereinafter referred to as Boruisheng Company) was founded.
The trial of the first instance found that in 20 10, Gu's company undertook the partial implementation project of PetroChina gas station management system undertaken by the former Beijing Smart Card System Co., Ltd. (later renamed as "China Information Technology Co., Ltd. Beijing Branch"), and Gu was responsible for the research and development of the system as an architect of the one-card software system.
During the period from 20 1 1 to 20 12, Gu used several privately written programs to illegally recharge thousands of CNPC Kunlun fuel cards purchased in advance, and then resold the above fuel cards for profit. After accounting, it illegally recharged RMB 6.99 million.
20 13 12 18, the victim unit reported the case to the public security organ. The next day, the employer turned himself in to the public security organ. After the incident, considering that the family members had paid compensation of 7 million yuan to the Planning Institute of China Petroleum and Natural Gas Co., Ltd., the injured unit expressed understanding for Gu's behavior.
It's called stealing wages.
During the trial, Gu argued that he did this because the project was seriously delayed at that time, and he never settled the project payment for Borisen, which made him unable to pay the expenses of the company employees in the project.
"So I thought of this way to get some money. I have the user name and password of the database and can enter the fuel card system. " Gu said that he used more than 2 million of the stolen money to pay his employees.
Gu said that the first time he revised the data was in August of 20 1 1, when he bought an anonymous gas card at a PetroChina gas station in Chengdu and recharged it in 300 yuan.
Then take it to the site of PetroChina fuel card project system, connect the fuel card recharge system with a notebook, run the pre-programmed program, recharge the fuel card by 2000 yuan, and delete the recharge records of the same time, place and amount in the database. Finally, these fuel cards were sold to scalpers at a 15% discount.
According to the introduction of the public prosecution agency, Gu is responsible for the project structure of the entire PetroChina fuel card. There will be different teams in the project, responsible for card recharge, credit card swiping and financial docking. Gu is the general coordinator and knows all the project teams well, so he knows how to charge.
The court of first instance held that Gu was convicted of theft and sentenced to 65,438+6 months in prison, deprived of political rights for 4 years and fined 1.5 million yuan in 2004. After Gu appealed on the grounds of excessive sentencing, No.1 Intermediate People's Court recently rejected the appeal and upheld the original judgment.
References:
People's Daily Online-Technical man was sentenced to 14.5 years for using his power to falsely charge 7 million fuel cards.