May 31, 2010
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No.7 of Ten Model Cases concerning the Infringement of the Rights and Interests of Minors by the Internet Issued by the Supreme: People v. Defendant Liu
No.7 of Ten Model Cases concerning the Infringement of the Rights and Interests of Minors by the Internet Issued by the Supreme: People v. Defendant Liu (case of dispute over fraud by providing false networking technology) 利用互联网侵害未成年人权益的典型案例之七:被告人刘某某提供虚假网络技术诈骗案
1. Basic facts (一)基本案情
In August 2015, defendant Liu published false information on the Internet such as lectures on technologies for hacking others' computers, lectures on writing plug-ins, and lectures on obtaining permanent membership by code with the intention to recruit and defraud students. Victim Zhang, a full-time student 10 years of age, browsed the information, contacted Liu through QQ, and used his father's cell phone to pay Liu though Alipay with the desire to learn online game technology. Liu lied that he could provide source code of games to help Zhang gain advantage in online games. Later, Liu sold "online game plug-ins" and supporting "modules" inconsistent with what he stated or not susceptible to use to Zhang for several times through the Internet, defrauding Zhang of payment amounting to CNY13,3079.6. After the case was found, the relatives of Liu compensated the relatives of Zhang for all their economic losses, and Zhang forgave Liu. 2015年8月份,被告人刘某某在互联网发布传授入侵他人电脑技术、教做外挂及教他人用代码开通永久会员等虚假信息,以招收学员骗取费用。被害人张某某(10岁,在校学生)浏览该信息后,通过QQ与刘某某取得联系,并用其父手机通过“支付宝”向刘某某付费,欲学习网络游戏技术,刘某某谎称可以向张某某提供游戏源代码以帮其在网络游戏中获益。而后,刘某某通过互联网多次向张某某出售与其宣扬不符或不能使用的“网游外挂”及配套使用的“模块”,骗取张某某付款共计人民币13 3079.6元。案发后,刘某某亲属向张某某亲属退赔全部经济损失,张某某对刘某某表示谅解。
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