Xinhua news agency in Kunming on 4 December, (reporter Wang Yan) Yunnan Province, Kunming City Intermediate People’s court 4 days according to the appellant Dong Rubin (screen name Border), Hou Peng illegal business, disturb the case of second instance verdict, the court rejected the appeal and upheld the original verdict.
Dong Rubin and the appellant Hou Peng accused of illegal business, disturb a case, Kunming city Wuhua District People’s court in July 23rd this year, the first instance verdict, to the crime of illegal business operation and the crime of affray, Dong Rubin was sentenced to imprisonment of 6 years and 6 months, fined 350000 yuan; the crime of illegal business operation. Hou Peng was sentenced to 3 years imprisonment, suspended for 3 years, and fined 50000 yuan; the illegal income to continue to pursue the tools of crime shall be confiscated. After the verdict, the defendant Hou Peng sentenced, did not appeal, the defendant Dong Rubin refused to appeal to the Kunming intermediate people’s court.
Kunming intermediate court found that from March 2011 to May 2013, Dong Rubin as a non-profit, has received the citizen Sohn, Li Moumou, Moumou, Moumou, a delegate, invitation and organization of Hou Peng et al, fictional facts, fabricating the posts, published through the Internet, and malicious speculation, received a total of principal pay cash 345000 yuan.
among them, Dong Rubin involved in the crime 4 cases, involving the amount of RMB 345000 yuan, Hou Peng involved in the crime from the 3, involving the amount of RMB 255000 yuan. From October 2011 to March 2013, Dong Rubin in order to improve the personal network influence, in the process of 10· 5 cases in the Mekong River, using the network of fabricating and spreading false information, causing users onlookers, seriously confuse the public, disturbing public order.
Dong Rubin Hou Peng, the court held that, in violation of state regulations, for the purpose of profit, knowingly false information, through the network publish paid to provide information services, disrupt the market order behavior has violated the criminal law, constitute the crime of illegal business, shall be punished according to law. In addition, Dong Rubin concocted false information to harm the interests of the state and government image spread in the network, creating disturbances, causing serious disruption of public order acts constitute the crime of affray, the law should be combined. In the first instance verdict, the facts are clear, the evidence is sufficient, the conviction is accurate, the sentencing is appropriate, and the trial procedure is legal. Upheld the ruling according to law.