The Supreme People’s Court announced the recent typical cases of obscene pornographic information crimes on mobile phones.

Special topic: encirclement and suppression of mobile phone network pornography

　　Xinhuanet Beijing, January 12 (Reporter Liu Yizhan) As a member of the national working group on "eliminating pornography and illegal publications", the Supreme People’s Court has given full play to the functions of the people’s courts in accordance with the central government’s deployment of the special struggle against pornography and illegal publications, and arranged and deployed people’s courts at all levels to implement it in light of the actual situation. Through the trial of a number of major and important cases, a number of criminals were severely punished, and the smooth development of special struggle activities was ensured from the trial link.

　　Maxi Lin, Lin Haichang and Fu Jinxiao made, sold and disseminated obscene articles for profit.

　　Since the end of January, 2009, defendant Maxi Lin has set up three mobile phone pornographic websites, including 5389 pornographic pictures and 490 pornographic novels, and made illegal profits of RMB 29,690.14. Since June 2008, the defendant Lin Haichang has set up three mobile phone pornographic websites, including 2,646 pornographic pictures and 452 pornographic novels, and sold the mobile phone website building program with pornographic content, with a total illegal profit of RMB 97,479.5. In addition, at the end of August, 2008, Lin Haichang also wrote a set of website building program for opening a mobile phone website, and added pornographic novels to the database file of the program, which illegally made a profit of 45,044 yuan by selling the program to others. Fu Jinxiao, the defendant, set up two mobile phone pornographic websites, including 1,246 pornographic pictures and 325 pornographic novels, with a total illegal profit of 60,950.31 yuan. In addition, Fu Jinxiao introduced others to buy the mobile phone website building program designed by Lin Haichang, knowing that it contained pornographic content, and charged an introduction fee of 2,900 yuan.

　　The court held that the defendants, Maxi Lin, Lin Haichang and Fu Jinxiao, provided mobile advertising services to advertisers by setting up mobile pornographic websites, in order to collect fees paid by advertisers for illegal profits and spread obscene articles, among which the number of obscene pornographic pictures and novels spread by Maxi Lin reached the standard of particularly serious circumstances. Accordingly, Maxi Lin was sentenced to 10 years and 3 months in prison and fined RMB 170,000. Sentenced Lin Haichang to four years and three months in prison and fined RMB 120,000; Fu Jinxiao was sentenced to three years in prison and fined RMB 100,000.

　　Tang Xiaoming’s case of making and selling obscene articles for profit

　　In September, 2008, the defendant Tang Xiaoming wrote a set of website building program for opening WAP website of mobile phone, and added 95 pornographic novels and other contents to the program. In the later Tang Dynasty, Xiaoming sold the program to Shi Kaiyuan, Jin Chunchen, Miao Danjie, Zheng Bo, Wang Jun, Zheng Fanghua, Jiang Zheng, Hu Yangyang, Cao Xuejia, Sheng Nanyin and Xue Jiale in Jinhua City, Zhejiang Province at a price ranging from 1,500 yuan to 3,000 yuan, and made an illegal profit of 25,500 yuan.

　　The court held that the defendant Tang Xiaoming made a mobile phone website program with obscene content for the purpose of making profits and sold it to others for opening pornographic websites, which constituted the crime of making and selling obscene articles for profit. Accordingly, the defendant Tang Xiaoming was sentenced to one year and six months’ imprisonment and fined 65,000 yuan.

　　Luo Gang, Tao Yang, Ding Yi and Yuan Yi spread obscene articles for profit.

　　Beijing Diandian Wanwei Telecom Technology Co., Ltd. has a wireless Internet business department. In order to improve the click rate of mobile phone WAP and increase the company’s income, the defendant Luo Gang, head of wireless Internet business department of Beijing Diandian Wanwei Telecom Technology Co., Ltd., instructed the defendants Tao Yang, Ding Yi and Yuan Yi to spread obscene information through mobile phone WAP business in the company. From January 1, 2007 to May 9, 2007, 28 obscene pictures were uploaded, and the actual number of clicks was 82,973.

　　The court held that the Unlimited Internet Business Department of Beijing Diandian Wanwei Telecom Technology Co., Ltd. used the Internet and mobile communication terminals to disseminate obscene electronic information for the purpose of making profits for the company. Luo Gang and Tao Yang, as department heads and product managers, instructed and instructed their subordinates to upload obscene electronic information, which was the competent personnel in the unit crime; Ding Yi and Yuan Yi actively participated in the use of the Internet to disseminate obscene electronic information, and they were directly responsible in the unit crime. Their actions all constituted the crime of spreading obscene articles for profit. Accordingly, according to their respective roles in unit crimes, the defendant Luo Gang was sentenced to five years’ imprisonment and fined RMB 5,000. Defendant Tao Yang was sentenced to four years in prison and fined RMB 4,000. Defendant Ding Yi was sentenced to three years in prison and fined RMB 3,000. The defendant Yuan Yi was sentenced to three years in prison and fined RMB 3,000.

　　Chen Guangming copied obscene articles for profit.

　　At about 22 o’clock on March 10, 2009, defendant Chen Guangming copied 35 obscene video files into the newly-built mobile phone memory card at the price of RMB 12 yuan in the mobile communication mobile phone shop he operated at No.70, West Bureau Front Street, Fengtai District, Beijing, and the public security organ seized 559 obscene video files from Chen Guangming’s computer on the spot.

　　The court held that the defendant Chen Guangming copied and sold obscene articles for the purpose of making profits, and the circumstances were serious. His behavior constituted the crime of copying obscene articles for profit, and he was a recidivist and should be severely punished according to law. Accordingly, the defendant Chen Guangming was sentenced to three years and six months in prison and fined RMB 3,000. He was sentenced to three years and six months’ imprisonment and a fine of 5,000 yuan in addition to the fine of 2,000 yuan that has not yet been executed for the previous crime.

　　Yong Yang disseminated obscene articles for profit.

　　Defendant Yong Yang began to sell advertisements on the Internet in July 2008 to obtain advertising revenue. On November 30th of the same year, Yong Yang registered two domain names by using WAP, a mobile phone set up on the Internet. In February 2009, Yong Yang set up sections such as Community, Picture Navigation, Video Navigation, Empire Cooperation Site and Novel Navigation on the above-mentioned websites, and released a large number of obscene electronic information such as obscene pictures and obscene videos, making a profit of more than 2,000 yuan.

　　The court held that the defendant, Yong Yang, linked a large amount of obscene electronic information on his website and spread it on the Internet and mobile communication networks. After joining advertising alliance, he linked the advertising information on the same website in the form of obscene induced words, and he used obscene electronic information to increase the number of clicks on advertisements, thus making profits, which constituted the crime of spreading obscene articles for profit. The number of obscene movies and pictures linked on the website has reached the standard of serious circumstances. Accordingly, the defendant Yong Yang was sentenced to four years’ imprisonment and fined RMB 3,000.

　　Luo Liangyan and Luo Liding spread obscene articles for profit.

　　In June and July, 2008, the defendants Luo Liangyan and Luo Liding discussed the establishment of an overseas WAP pornographic website. Since August 2008, Luo Liangyan has successively opened two overseas pornographic websites, which uploaded 700 pornographic pictures from more than 1,000 downloaded from the Internet to the opened websites, and uploaded two pornographic movies to the backstage of the websites through video connection. Luo Liding has also opened two overseas pornographic websites one after another, uploading more than 900 obscene pornographic pictures and novels found on the Internet to the opened websites. The defendant earned a total of 20 thousand yuan in advertising fees by using obscene electronic information.

　　The court held that the defendants Luo Liangyan and Luo Liding used their mobile phones to set up overseas pornographic websites for profit, which constituted the crime of spreading obscene articles for profit. Luo Liangyan was sentenced to six months in prison and fined RMB 3,000; Luo Liding was sentenced to six months in prison and fined RMB 3,000.

Editor: Xu Guimei