通过网络实施的侵犯妇女、未成年人等犯罪典型案例

目录

1．被告人冯文东故意杀人、盗窃案

2．被告人黄苏安诈骗案

3．被告人王道红故意杀人案

4．被告人肖克臣绑架、强奸案

5．被告人叶振强绑架案

6．被告人张盛贵强奸案

7．被告人赵小明等非法拘禁案

一、被告人冯文东故意杀人、盗窃案

（一）基本案情

被告人冯文东通过互联网与被害人张某某（女，殁年24岁）相识。2010年7月21日，冯文东到张某某与被害人李仲鹏（殁年25岁）合租的北京市丰台区芳城园某小区的一房间内，依约定与张某某玩SM游戏（即性虐待游戏）。次日零时许，冯文东因琐事与张某某、李仲鹏发生争执，遂持张某某屋内的菜刀及其随身携带的匕首，先后砍、刺二人颈部、胸背部及腹部数十刀，致二人急性失血性休克死亡。之后，冯文东将李仲鹏IBM笔记本电脑一台（价值200元）、OBEE牌手机一部（价值30元）、钱包一个（价值10元）及现金1 000余元盗窃逃离现场。

（二）裁判结果

北京市第二中级人民法院经审理认为，被告人冯文东与他人产生矛盾后，持刀杀死二人的行为已构成故意杀人罪；其在实施杀人行为后，窃取被害人数额较大财物的行为又构成盗窃罪，应依法并罚。依照刑法有关规定，北京市第二中级人民法院认定被告人冯文东犯故意杀人罪，判处死刑，剥夺政治权利终身；犯盗窃罪，判处有期徒刑六个月，并处罚金人民币五百元，决定执行死刑，剥夺政治权利终身，并处罚金人民币五百元。宣判后，被告人冯文东提出上诉。北京市高级人民法院经依法审理，裁定驳回上诉，维持原判，并依法报请最高人民法院核准。最高人民法院经依法复核，裁定核准被告人冯文东死刑。

（三）典型意义

被害人张某某本系男性，去泰国做了变性手术后，以盈利为目的，在网络上开设性虐待游戏培训班及招募性虐游戏伙伴。被告人冯文东通过网络知道张某某招募性虐游戏伙伴后，即与张某某联系并自愿付款1 500元，让张某某对其实施性虐待。游戏过程中，冯文东因害怕自己被捆绑后，张某某会将其杀害，二人因此发生争执，遂持刀捅死张某某及与张某某共同租房的被害人李仲鹏。该案的审判，清晰地向社会传达了网络的虚拟性介入到个人隐私生活的风险，希望广大网民对此要提高警惕，并培养健康、向上的兴趣爱好，避免惹火烧身。

二、被告人黄苏安诈骗案

（一）基本案情

2011年10月，被告人黄苏安用虚构的美籍华人身份，在某婚恋网站注册“相濡以沫”网名并结识女被害人谢某。交往过程中，黄苏安向谢某谎称，他所在的工作机构将启动巴拿马运河航线投资项目，该项目回报率为本金的6倍，投资门槛为人民币705万元，在2012年元旦前除偿还本金外可另行给予回报1 800万元，以此劝说谢某投资。谢某信以为真，同意投资上述项目。10月18日，谢某将5万元转至黄苏安指定的账户。同月20日，谢某向他人高息借得200万元，先后通过银行转账等方式交予黄苏安。之后，谢某又向他人高息借得490万元及积蓄10万元一并交给黄苏安派来的人。谢某发现被骗后报警，追回赃款335万元。

（二）裁判结果

上海市第一中级人民法院经审理认为，被告人黄苏安以非法占有为目的，采取虚构身份、编造高额回报投资项目等方法诈骗被害人钱款达705万元，其行为已构成诈骗罪，且数额特别巨大。依照刑法有关规定，认定被告人黄苏安犯诈骗罪，判处无期徒刑，剥夺政治权利终身，并处没收个人全部财产。宣判后，被告人黄苏安提出上诉。上海市高级人民法院经依法审理，裁定驳回上诉，维持原判。

（三）典型意义

本案是一起利用婚恋网站交友实施诈骗犯罪的案件。随着都市工作、生活节奏的加快，专业婚恋网站成为适婚男女，特别是都市白领结识异性的新平台。但由于注册门槛低、信息审核难等原因，部分婚恋网站信息虚假，容易被不法分子用于实施违法犯罪行为。一些不法分子在婚恋网站注册账号，利用虚假身份进行交友，骗取对方信任后，借机实施盗窃、诈骗、敲诈勒索甚至强奸、绑架等暴力犯罪。本案被告人在婚恋网站注册账号，以虚假身份“美籍华人”作为幌子和诱饵，博取对方好感和信任后，以投资理财为名，诈骗巨额钱财。本案被告人虽然最终受到法律严厉制裁，部分赃款亦已追回，但被害人遭受的情感创伤以及巨额财产损失很难弥补挽回。此案警示公众，尽量选择正规婚恋交友网站，审慎核实对方身份及其他信息，在未确定对方信息前不轻易付出钱财和投入感情。

三、被告人王道红故意杀人案

（一）基本案情

2008年初，被告人王道红与有夫之妇刘某（被害人，殁年33岁）通过网络聊天相识，后发展为情人关系。2009年7月，王道红结识了新女友并致女友怀孕。2009年11月，王道红与刘某相约见面后发生了性关系。次日王道红以女友怀孕为名向刘某借钱5 000元，遭到刘某拒绝。王道红心生恼怒，先后用手掐、用毛巾勒刘某颈部，还用胶带封住刘某口鼻，致刘某机械性窒息死亡。王道红将刘某的尸体掩埋后，持刘某手机向刘某家人发短信诈骗钱财未果。

（二）裁判结果

湖南省常德市中级人民法院经审理认为被告人王道红因琐事采取掐、勒颈部等方式致被害人死亡，其行为构成故意杀人罪。王道红杀人手段残忍，后果严重，且杀人后向被害人亲属骗取钱财，主观恶性极大，犯罪情节恶劣，罪行极其严重，依法应予严惩。依照刑法有关规定，认定被告人王道红犯故意杀人罪，判处死刑，剥夺政治权利终身。宣判后，王道红提出上诉。湖南省高级人民法院经依法开庭审理，驳回上诉，维持原判，并依法报请最高人民法院核准。最高人民法院经依法复核，裁定核准被告人王道红死刑。

（三）典型意义

迅速发展和广泛应用的互联网技术在现代生活中起着至关重要的作用。但是，网络也存在着虚拟性等弊端。据悉，国内某些流行网络社交软件的注册用户已达数亿人，在线用户也以千万计。现实生活中，不少人沉迷于网络交友，甚至将感情完全寄托在网络上结交的“情人”身上，被网络情人在网络上展示的“魅力”所迷惑，过于轻信他人。但是，当虚拟的网络与现实发生碰撞后，情人的真实面目最终暴露，很多人如梦初醒，悔不当初。本案被害人刘某系有夫之妇，通过网络聊天结识了被告人王道红，并与之发展为情人关系。至案发前，刘某与被告人已交往一年有余，但刘某仍未能真正了解、认清被告人的真实性情和人品，最终导致悲剧发生。希望此案能引起公众的警觉，不要被网络恋情所迷惑，网络交友要谨慎。

四、被告人肖克臣绑架、强奸案

（一）基本案情

被告人肖克臣与肖生坤(另案处理）预谋用网络实施绑架，并租赁广东省佛山市南海区里水镇一房屋用于作案。2013年6月13日晚，肖克臣以外出游玩为名，将通过手机微信“摇一摇”结识的被害人梁某某（女，时年15岁）骗出后，与肖生坤一起将梁某某骗至租赁房屋内。二人持美工刀威吓并用胶带捆绑梁某某，肖生坤从梁的手提包内搜得现金350元、小米手机1部。其间，肖克臣强行奸淫了梁某某。尔后，二人打电话联系梁某某的母亲，索得赎金2万元。后即逃离现场。

（二）裁判结果

广东省佛山市南海区人民法院经审理认为，被告人肖克臣结伙以勒索财物为目的绑架他人，绑架过程中又违背被害人意志，强行与被害人发生性关系，其行为分别构成绑架罪、强奸罪，依法应当数罪并罚。肖克臣曾因诈骗罪被判处有期徒刑，刑满释放后不到半年又犯罪，系累犯，依法应当从重处罚。依照刑法有关规定，认定被告人肖克臣犯绑架罪，判处有期徒刑十一年，剥夺政治权利三年，并处罚金人民币一万元；犯强奸罪，判处有期徒刑四年六个月，决定执行有期徒刑十四年，剥夺政治权利三年，并处罚金人民币一万元。宣判后，被告人肖克臣提出上诉。佛山市中级人民法院经依法审理，裁定驳回上诉，维持原判。

（三）典型意义

本案是一起利用网络交友实施绑架、强奸犯罪的案件。随着网络应用的发展和日渐普及，网络社交平台，特别是网络聊天工具，为人际交往带来了极大便利。与此同时，因其公共性、匿名性、便捷性等特点，网络交友也成为不法分子实施犯罪的新平台，由此引发的刑事案件呈上升趋势。一些年轻女性和青少年缺乏防范意识和能力，往往容易成为不法侵害的对象。本案中，被告人肖克臣伙同他人预谋绑架，事先租赁作案场所，通过微信搜索功能，选定尚未成年的女网友作为作案对象，借外出游玩之名骗出后绑架、强奸，犯罪性质恶劣，情节后果严重，社会危害性大，又系累犯，人民法院依法对其所犯之罪从重处罚，一方面显示了人民法院严厉打击利用网络实施犯罪的坚定立场，另一方面通过真实案例警示公众，网络交友要保持警惕，不要轻信陌生人，特别是广大青少年和年轻女性，要不断提高防范意识和能力，保护自己及家人的人身和财产不受侵犯。

五、被告人叶振强绑架案

（一）基本案情

2010年5月，被告人叶振强、路好宝租住河南省漯河市召陵区人民路某厂家属院6号楼602房，共同生活。因经济窘迫，叶振强产生绑架他人勒索钱财之念。同年10月23日晚，叶振强通过QQ聊天结识了被害人赵某(女，殁年18岁),两人相约见面后，叶振强将赵某带回租住屋，趁赵某熟睡之际，用透明胶带、床单将赵某缠裹后控制。次日上午，叶振强用赵某的手机打电话向赵的父母索要赎金，并让赵某与其父母通话。因赵某通话时泄露了绑架地址信息，二被告人担心事情败露，产生杀人灭口之念。路好宝按住赵某的腿，叶振强用毛巾捂住赵某口鼻并勒赵某颈部，致赵某机械性窒息死亡后，二人逃离。

（二）裁判结果

河南省漯河市中级人民法院经审理认为，被告人叶振强以勒索财物为目的绑架他人，后恐罪行败露，便将被害人杀害，其行为已构成绑架罪。叶振强在共同犯罪中起主要作用，系主犯，依法应按照其所参与的全部犯罪处罚。依照刑法有关规定，认定被告人叶振强犯绑架罪，判处死刑，剥夺政治权利终身，并处没收个人全部财产。路好宝犯绑架罪，判处有期徒刑十三年。宣判后，叶振强提出上诉。河南省高级人民法院经依法开庭审理，驳回上诉，维持原判，并依法报请最高人民法院核准。最高人民法院经依法复核，裁定核准被告人叶振强死刑。

（三）典型意义

随着智能手机的发展和各种社交软件的广泛应用，网络社交无处不在。社交软件本身只是一个工具，不存在对错好坏，关键是如何使用。如果被不法分子利用，就会成为其犯罪的工具。网络无法验证用户的基本身份信息，更不可能校验用户的品行。犯罪分子正是利用此点，隐瞒真实身份，将自己扮演成各种角色，在网络上物色、“钓取”可能会成为其犯罪对象的人，当取得对方信任后，就邀约见面，进一步实现其犯罪目的。从近些年因网络发生的案件中可见，诈骗、抢劫、盗窃、敲诈勒索、强迫卖淫甚至强奸、杀人等恶性刑事犯罪时有发生，亟需引起广大网民的注意和警觉。本案中，被告人叶振强以绑架为目的通过网络寻找犯罪对象，骗取被害人赵某的信任后，将赵某骗至租住处，对赵某实施绑架，最终将赵某残忍杀害。希望本案能唤醒广大热衷网络交友的网友们的警觉，要慎重网络交友，不给犯罪分子可乘之机。

六、被告人张盛贵强奸案

（一）基本案情

2012年6月中旬，被告人张盛贵化名“张学川”通过QQ结识被害人范某（女，时年18岁），通过一段时间的网络聊天,二人渐渐熟悉。张盛贵多次要求范某做其女朋友遭拒,后范某答应与张盛贵做兄妹。同年7月5日，张盛贵与范某相约见面,并到公园游玩、逛街、购物。二人午饭后，张盛贵以天气太热为由，提出要去宾馆洗澡，让范某一同前往，并一再请求范某等他洗完澡再离开，范某答应。此后，二人来到一家旅馆，张盛贵以自己未带身份证为由，以范某的身份证登记入住该旅馆。洗澡结束后，张盛贵锁闭房门，从裤子口袋中掏出一把刀威胁范某做其女朋友，胁迫范某把身体给其看。范某见状，欲打电话求救。张盛贵即抢走其手机，并将范某强奸，还用手机拍下范某数张裸照。

（二）裁判结果

福建省建阳市人民法院经审理认为，被告人张盛贵违背妇女意志，采用胁迫手段强行与被害人发生性关系，其行为已构成强奸罪。张盛贵曾因犯强奸罪被判处有期徒刑，在刑罚执行完毕后五年内再犯应当判处有期徒刑以上刑罚之罪，系累犯，依法应当从重处罚。鉴于张盛贵已赔偿被害人全部经济损失，可以酌情从轻处罚。依照刑法有关规定，认定被告人张盛贵犯强奸罪，判处有期徒刑四年六个月。宣判后，被告人张盛贵提出上诉，福建省南平市中级人民法院经依法审理，裁定驳回上诉，维持原判。

（三）典型意义

当今QQ聊天已成为大部分年轻人生活的一部分，它拉近了人与人之间的时空距离，丰富了人们的业余文化生活。但是，在给人们生产生活带来便利的同时，也给不法之徒实施犯罪带来了可乘之机。一些人专门在网上利用QQ寻找侵害对象实施不法行为，其中，既有利用网络进行诈骗犯罪的，也有利用网络进行暴力犯罪的。涉世未深的年轻人，尤其容易被犯罪分子通过QQ这种虚拟的通讯方式编造的谎言所欺骗、蒙蔽。净化网络空间，保护公民，尤其是未成年人的合法权益，必须严厉打击通过网络实施的犯罪的行为。本案被告人张盛贵通过QQ结识刚刚高中毕业的范某，取得范某轻信后，即与范某相约见面，最后以洗澡为名骗得范某一同开房，趁机在房间内将范某强奸。该案的发生提醒公众，不能轻信通过网络结识的人员，不能在网络上透漏个人信息，更不能孤身和网友见面，以免造成危险。

七、被告人赵小明等非法拘禁案

（一）基本案情

2011年3月始，被告人赵小明、曹金胜、张乐良等人聚集在山东省青岛市黄岛区某房间内进行传销活动，由赵小明担任业务主任负责日常管理。同年8月22日，张乐良以帮助找工作为名，通过QQ聊天将被害人江某某(女，时年20岁)骗至其进行传销的房间后，由赵小明安排曹金胜、张乐良等人对江某某讲授传销课程，并贴身看护以防江某某离开。8月25日凌晨，江某某发现被骗入传销组织后，从该房间翻窗逃离时坠楼身亡。

（二）裁判结果

山东省青岛市黄岛区人民法院经审理认为，被告人赵小明、曹金胜、张乐良非法限制他人人身自由，其行为均构成非法拘禁罪。赵小明在缓刑考验期内犯罪，依法应当撤销缓刑，数罪并罚；在共同犯罪中起主要作用，系主犯。张乐良、曹金胜系从犯。依照刑法有关规定，认定被告人赵小明犯非法拘禁罪，与前罪数罪并罚，决定执行有期徒刑十一年，剥夺政治权利一年；被告人张乐良犯非法拘禁罪，判处有期徒刑九年；被告人曹金胜犯非法拘禁罪，判处有期徒刑七年。现判决已发生法律效力。

（三）典型意义

本案是一起采取非法拘禁手段强制女青年参加传销活动致人死亡的案件。随着网络技术的迅速发展，利用网络建立传销组织实施犯罪的案件日益增多。本案被害人江某某即利用网络找工作，不幸被传销分子盯上，被非法拘禁，终至逃生时不幸身亡，令人扼腕叹息。

Typical cases of crimes committed against women, minors, etc. through the internet

catalogue

1. The defendant Feng Wendong intentionally committed murder and theft

2. Defendant Huang Su'an Fraud Case

3. Defendant Wang Daohong's intentional homicide case

4. Defendant Shaw Kechen's kidnapping and rape case

5. The kidnapping case of defendant Ye Zhenqiang

6. Defendant Zhang Shenggui's rape case

7. Illegal detention case of defendant Zhao Xiaoming and others

1、 Defendant Feng Wendong's intentional homicide and theft case

（1） Basic facts of the case

The defendant Feng Wendong met the victim Zhang (female, 24 years old) through the internet. On July 21, 2010, Feng Wendong went to a room in a residential area in Fangchengyuan, Fengtai District, Beijing, where Zhang and the victim Li Zhongpeng (25 years old) shared a room and played SM games (i.e. sexual abuse games) with Zhang according to the agreement. At around 0:00 the next day, Feng Wendong had a dispute with Zhang and Li Zhongpeng over trivial matters. He then held a kitchen knife in Zhang's room and the dagger he carried with him, and stabbed and stabbed dozens of times in the neck, chest, back, and abdomen of the two, resulting in acute hemorrhagic shock and death. Afterwards, Feng Wendong stole Li Zhongpeng's IBM laptop (worth 200 yuan), OBEE mobile phone (worth 30 yuan), wallet (worth 10 yuan), and cash of over 1000 yuan from the scene.

（2） Judgment results

After trial, the Beijing Second Intermediate People's Court found that the act of killing the defendant Feng Wendong with a knife after they had a conflict with others constitutes intentional homicide; The act of stealing a large amount of property from the victim after committing a murder constitutes theft and should be punished in accordance with the law. According to relevant provisions of the Criminal Law, the Beijing Second Intermediate People's Court has determined that the defendant Feng Wendong has committed intentional homicide and sentenced him to death, deprived of his political rights for life; For the crime of theft, he shall be sentenced to six months in prison and fined RMB 500. He shall be sentenced to death, deprived of political rights for life, and fined RMB 500. After the verdict was pronounced, the defendant Feng Wendong appealed. After being tried in accordance with the law, the Beijing Higher People's Court has ruled to dismiss the appeal, upheld the original judgment, and submitted it to the Supreme People's Court for approval in accordance with the law. The Supreme People's Court has reviewed and approved the death penalty of the defendant Feng Wendong in accordance with the law.

（3） Typical significance

The victim, Zhang, was originally a male and went to Thailand for sex reassignment surgery. With the aim of making money, he opened a training course on sexual abuse games online and recruited sexual abuse game partners. After the defendant Feng Wendong learned through the internet that Zhang had recruited a sexual abuse gaming partner, he contacted Zhang and voluntarily paid 1500 yuan to have Zhang sexually abuse him. During the game, Feng Wendong was afraid that Zhang would kill him if he was bound. As a result, they had a dispute and stabbed Zhang and the victim Li Zhongpeng who shared a house with Zhang to death. The trial of this case clearly conveyed to society the risks of the virtual nature of the internet intervening in personal privacy life. It is hoped that netizens should be vigilant and cultivate healthy and upward interests to avoid causing trouble.

2、 Defendant Huang Su'an Fraud Case

（1） Basic facts of the case

In October 2011, the defendant Huang Su'an registered the online name "Mutual Love" on a dating website using her fictional Chinese American identity and met the female victim Xie. During the communication process, Huang Suan lied to Xie that his work organization would launch an investment project on the Panama Canal route, with a return rate of 6 times the principal and an investment threshold of RMB 7.05 million. By New Year's Day in 2012, in addition to repaying the principal, he could offer an additional return of RMB 18 million to persuade Xie to invest. Xie believes it true and agrees to invest in the above-mentioned project. On October 18th, Xie transferred 50000 yuan to an account designated by Huang Su'an. On the 20th of the same month, Xie borrowed 2 million yuan from others at high interest rates and handed it over to Huang Su'an through bank transfers and other means. Afterwards, Xie borrowed 4.9 million yuan and saved 100000 yuan from others at high interest rates, and handed them over to the person sent by Huang Su'an. Xie reported to the police after discovering that he had been deceived and recovered 3.35 million yuan in stolen money.

（2） Judgment results

After trial, the Shanghai First Intermediate People's Court found that the defendant Huang Su'an defrauded the victim of 7.05 million yuan by using methods such as fabricating his identity and fabricating high return investment projects for the purpose of illegal possession. His behavior constitutes a crime of fraud, and the amount involved is particularly huge. According to the relevant provisions of the Criminal Law, the defendant Huang Su'an was found guilty of fraud and sentenced to life imprisonment, deprivation of political rights for life, and confiscation of all personal property. After the verdict was pronounced, the defendant Huang Su'an appealed. The Shanghai Higher People's Court, after hearing in accordance with the law, has ruled to dismiss the appeal and uphold the original judgment.

（3） Typical significance

This case is a case of using dating websites to commit fraud crimes. With the accelerated pace of urban work and life, professional dating websites have become a new platform for men and women, especially urban white-collar workers, to meet the opposite sex. However, due to low registration requirements and difficult information review, some dating websites have false information, which can be easily used by criminals to commit illegal and criminal acts. Some unscrupulous individuals register accounts on dating websites and use false identities to make friends, deceiving the other party of their trust, and then take the opportunity to commit violent crimes such as theft, fraud, extortion, and even rape, kidnapping, etc. The defendant in this case registered an account on a dating website, using a false identity of "Chinese American" as a cover and bait to gain the other party's favor and trust, and then scammed a huge amount of money under the guise of investment and financial management. Although the defendant in this case was ultimately severely punished by the law and some of the stolen funds have been recovered, the emotional trauma and huge property losses suffered by the victim are difficult to recover. This case warns the public to choose legitimate dating and marriage websites as much as possible, carefully verify the other party's identity and other information, and not easily invest money and emotions until the other party's information is determined.

3、 Defendant Wang Daohong's Intentional Murder Case

（1） Basic facts of the case

In early 2008, the defendant Wang Daohong met his married wife Liu (the victim, who died at the age of 33) through online chat and later developed a romantic relationship. In July 2009, Wang Daohong met a new girlfriend and caused her to become pregnant. In November 2009, Wang Daohong had sexual intercourse with Liu after meeting. The next day, Wang Daohong borrowed 5000 yuan from Liu under the pretext of his girlfriend being pregnant, but Liu refused. Wang Daohong was angry and used her hands to pinch and towel Liu's neck, as well as tape to seal Liu's mouth and nose, resulting in Liu's mechanical suffocation and death. After Wang Daohong buried Liu's body, he used Liu's mobile phone to send a text message to Liu's family to defraud their money, but failed.

（2） Judgment results

After trial, the Intermediate People's Court of Changde City, Hunan Province found that the defendant Wang Daohong caused the victim's death by pinching or strangling her neck due to trivial matters, and his behavior constituted intentional homicide. Wang Daohong's murder methods are cruel and have serious consequences. After the murder, he fraudulently obtained money from the victim's relatives, which is highly subjective and malicious. The crime is extremely serious and should be severely punished in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant Wang Daohong was found guilty of intentional homicide and sentenced to death, deprived of political rights for life. After the verdict was pronounced, Wang Daohong appealed. The Higher People's Court of Hunan Province has held a court session in accordance with the law, rejected the appeal, upheld the original judgment, and submitted it to the Supreme People's Court for approval in accordance with the law. The Supreme People's Court has reviewed and approved the death penalty of the defendant Wang Daohong in accordance with the law.

（3） Typical significance

The rapidly developing and widely used internet technology plays a crucial role in modern life. However, the network also has drawbacks such as virtuality. It is reported that there are hundreds of millions of registered users and tens of millions of online users for some popular social media apps in China. In real life, many people are addicted to making friends online, and even rely their emotions entirely on the "lovers" they make online. They are confused by the "charm" displayed by online lovers and trust others too much. However, when the virtual network collides with reality, the true face of the lover is ultimately exposed, and many people wake up from a dream, regretting their past. The victim of this case, Liu, is a married woman who met the defendant Wang Daohong through online chat and developed a romantic relationship with him. Before the incident, Liu had been dating the defendant for over a year, but Liu still failed to truly understand and recognize the defendant's true personality and character, ultimately leading to tragedy. I hope this case can raise public awareness and not be confused by online romance. Be cautious when making friends online.

4、 Defendant Shaw Kechen's kidnapping and rape case

（1） Basic facts of the case

The defendants Xiao Kechen and Xiao Shengkun (to be dealt with separately) planned to use the internet to carry out kidnapping and rented a house in Lishui Town, Nanhai District, Foshan City, Guangdong Province for the purpose of committing the crime. On the evening of June 13, 2013, Xiao Kechen, under the guise of going out for fun, deceived the victim Liang (female, then 15 years old) whom he had met through WeChat on his mobile phone. Together with Xiao Shengkun, they tricked Liang into renting a house. The two of them intimidated Liang with art knives and tied him with tape. Xiao Shengkun found 350 yuan in cash and one Xiaomi phone in Liang's handbag. During this period, Xiao Kechen forcibly raped Liang. Afterwards, the two of them called Liang's mother and demanded a ransom of 20000 yuan. Immediately flee the scene.

（2） Judgment results

After trial, the People's Court of Nanhai District, Foshan City, Guangdong Province found that the defendant Xiao Kechen colluded to kidnap others for the purpose of extorting money and property. During the kidnapping process, he violated the victim's will and forcibly had sexual relations with the victim. His actions respectively constituted the crime of kidnapping and rape, and should be punished for multiple crimes in accordance with the law. Shaw Kechen was sentenced to fixed-term imprisonment for fraud and committed a crime less than six months after his release. He is a recidivist and should be given a heavier punishment according to law. According to the relevant provisions of the Criminal Law, the defendant Xiao Kechen was found guilty of kidnapping and sentenced to eleven years in prison, deprivation of political rights for three years, and a fine of RMB 10000; Committing the crime of rape, sentenced to four years and six months in prison, and decided to execute the sentence of fourteen years in prison, deprived of political rights for three years, and fined RMB 10000. After the verdict was pronounced, the defendant Shaw Kechen appealed. After being tried in accordance with the law, the Intermediate People's Court of Foshan City has ruled to dismiss the appeal and uphold the original judgment.

（3） Typical significance

This case is a case of kidnapping and rape committed through online dating. With the development and increasing popularity of network applications, online social platforms, especially online chat tools, have brought great convenience to interpersonal communication. At the same time, due to its characteristics of publicity, anonymity, and convenience, online dating has also become a new platform for criminals to commit crimes, leading to an increasing trend in criminal cases. Some young women and adolescents lack awareness and ability to take precautions and often become targets of illegal infringement. In this case, the defendant Xiao Kechen conspired with others to kidnap and rented the crime site in advance. Through the WeChat search function, he selected underage female netizens as the target of the crime, and scammed them out under the guise of going out for fun before kidnapping or raping. The nature of the crime was harsh, the consequences were serious, the social harm was significant, and he was also a recidivist. The people's court punished him severely according to law for the crime he committed, On the one hand, it demonstrates the firm stance of the people's court in cracking down on the use of the internet to commit crimes, and on the other hand, it warns the public through real cases that online dating should remain vigilant and not trust strangers, especially young people and young women. It is necessary to continuously improve prevention awareness and ability, and protect oneself and family members' personal and property from infringement.

5、 Defendant Ye Zhenqiang's kidnapping case

（1） Basic facts of the case

In May 2010, the defendants Ye Zhenqiang and Lu Haobao rented Room 602, Building 6, Family Courtyard of a factory on Renmin Road, Zhaoling District, Luohe City, Henan Province, to live together. Due to economic distress, Ye Zhenqiang developed the idea of kidnapping others for ransom. On the evening of October 23 of the same year, Ye Zhenqiang met the victim Zhao (female, 18 years old) through QQ chat. After the two met, Ye Zhenqiang took Zhao back to his rented house and wrapped him with transparent tape and bed sheets while Zhao was asleep before taking control. The next morning, Ye Zhenqiang called Zhao's parents on his mobile phone to demand a ransom and asked Zhao to call them. Due to the leakage of kidnapping address information during Zhao's phone conversation, the two defendants were worried about the disclosure of the matter and had a desire to kill and silence. Lu Haobao held onto Zhao's leg, while Ye Zhenqiang covered Zhao's mouth and nose with a towel and strangled Zhao's neck, causing him to mechanically suffocate and die. The two fled.

（2） Judgment results

After trial, the Intermediate People's Court of Luohe City, Henan Province found that the defendant Ye Zhenqiang kidnapped others for the purpose of extorting money and property, and later killed the victim for fear of revealing the crime. His behavior has constituted the crime of kidnapping. Ye Zhenqiang plays a major role in joint crimes and is the principal offender. According to the law, he should be punished according to all the crimes he participated in. According to the relevant provisions of the Criminal Law, the defendant Ye Zhenqiang was found guilty of kidnapping, sentenced to death, deprived of political rights for life, and concurrently confiscated all personal property. Lu Haobao was convicted of kidnapping and sentenced to thirteen years in prison. After the verdict was pronounced, Ye Zhenqiang appealed. The Higher People's Court of Henan Province, after hearing in accordance with the law, rejected the appeal, upheld the original judgment, and submitted it to the Supreme People's Court for approval in accordance with the law. The Supreme People's Court has reviewed and approved the death penalty of the defendant Ye Zhenqiang in accordance with the law.

（3） Typical significance

With the development of smartphones and the widespread application of various social software, online socializing is ubiquitous. Social software itself is just a tool, there is no right or wrong, the key is how to use it. If exploited by criminals, it will become a tool for their crimes. The network cannot verify the basic identity information of users, let alone verify their conduct. Criminals use this to conceal their true identity, portray themselves in various roles, and search for and "catch" potential criminal targets online. Once they gain the trust of the other party, they invite them to meet and further achieve their criminal goals. From the cases that have occurred online in recent years, it can be seen that malignant criminal crimes such as fraud, robbery, theft, extortion, forced prostitution, and even rape and murder have occurred frequently, and it is urgent to draw the attention and vigilance of the majority of netizens. In this case, the defendant Ye Zhenqiang used the internet to search for a criminal target for the purpose of kidnapping, and after deceiving the victim Zhao's trust, he deceived Zhao into renting a place and kidnapped him, ultimately brutally killing Zhao. I hope this case can awaken the vigilance of netizens who are passionate about online dating. We should be cautious in online dating and not give criminals an opportunity to take advantage of it.

6、 Defendant Zhang Shenggui's rape case

（1） Basic facts of the case

In mid June 2012, the defendant Zhang Shenggui, under the pseudonym "Zhang Xuechuan", met the victim Fan (female, 18 years old at the time) through QQ. After a period of online chat, the two gradually became familiar. Zhang Shenggui repeatedly requested Fan to be his girlfriend but was rejected. Later, Fan agreed to become brother and sister with Zhang Shenggui. On July 5th of the same year, Zhang Shenggui met with Fan and went to the park for sightseeing, shopping, and shopping. After lunch, Zhang Shenggui claimed that the weather was too hot and asked Fan to take a shower at the hotel. He repeatedly requested Fan to wait for him to take a shower before leaving, and Fan agreed. Afterwards, the two of them arrived at a hotel where Zhang Shenggui registered with Fan's ID card on the grounds that he did not bring his ID card. After taking a shower, Zhang Shenggui locked the door and took out a knife from his pants pocket, threatening Fan to be his girlfriend and forcing him to show him his body. Upon seeing this, Fan wanted to call for help. Zhang Shenggui immediately took away his phone and raped Fan, and even took several nude photos of Fan with his phone.

（2） Judgment results

After trial, the People's Court of Jianyang City, Fujian Province found that the defendant Zhang Shenggui violated the will of women and used coercive means to forcibly have sexual relations with the victim, which constituted the crime of rape. Zhang Shenggui was once sentenced to fixed-term imprisonment for committing the crime of rape, and committed a crime that should have been sentenced to fixed-term imprisonment or more within five years after the completion of the sentence. He is a recidivist and should be given a heavier punishment according to law. Considering that Zhang Shenggui has compensated the victim for all economic losses, he may be given a lighter punishment as appropriate. According to the relevant provisions of the Criminal Law, the defendant Zhang Shenggui was found guilty of rape and sentenced to four years and six months in prison. After the verdict was pronounced, the defendant Zhang Shenggui filed an appeal, and after being tried in accordance with the law, the Intermediate People's Court of Nanping City, Fujian Province ruled to dismiss the appeal and uphold the original judgment.

（3） Typical significance

Nowadays, QQ chatting has become a part of the lives of most young people, narrowing the temporal and spatial distance between people and enriching their leisure cultural life. However, while bringing convenience to people's production and life, it also provides opportunities for criminals to commit crimes. Some people specifically use QQ online to find targets of infringement and commit illegal acts, including those who use the internet to commit fraud crimes and those who use the internet to commit violent crimes. Young people who have not yet delved into the world are particularly susceptible to being deceived and deceived by the lies fabricated by criminals through virtual communication methods such as QQ. To purify the cyberspace and protect the legitimate rights and interests of citizens, especially minors, it is necessary to severely crack down on crimes committed through the internet. The defendant in this case, Zhang Shenggui, met Fan, who had just graduated from high school, through QQ. After obtaining Fan's trust, he made an appointment to meet with Fan. In the end, he deceived Fan into opening a room together under the pretext of taking a shower and took the opportunity to rape Fan in the room. The occurrence of this case reminds the public not to trust people they have met through the internet, not to disclose personal information online, and not to meet with netizens alone to avoid danger.

7、 Illegal detention case of defendant Zhao Xiaoming and others

（1） Basic facts of the case

Starting from March 2011, defendants Zhao Xiaoming, Cao Jinsheng, Zhang Leliang, and others gathered in a room in Huangdao District, Qingdao City, Shandong Province to engage in pyramid schemes. Zhao Xiaoming served as the business director responsible for daily management. On August 22 of the same year, Zhang Leliang, under the pretext of helping find a job, deceived the victim Jiang (female, then 20 years old) into the room where he was conducting pyramid schemes through QQ chat. Zhao Xiaoming arranged for Cao Jinsheng, Zhang Leliang, and others to teach pyramid schemes courses to Jiang, and provided personal care to prevent Jiang from leaving. On the early morning of August 25th, Jiang found out that he had been scammed into a pyramid scheme and fell from a building while fleeing through a window in the room.

（2） Judgment results

After trial, the People's Court of Huangdao District, Qingdao City, Shandong Province found that the defendants Zhao Xiaoming, Cao Jinsheng, and Zhang Leliang illegally restricted the personal freedom of others, and their actions all constituted the crime of illegal detention. Zhao Xiaoming committed a crime during the probation period for probation, and his probation should be revoked in accordance with the law and punished for multiple crimes; Plays a major role in joint crimes and is the principal offender. Zhang Leliang and Cao Jinsheng are accomplices. According to the relevant provisions of the Criminal Law, it is determined that the defendant Zhao Xiaoming has committed the crime of illegal detention and is to be punished together with several previous crimes. It is decided to execute a fixed-term imprisonment of eleven years and deprivation of political rights for one year; The defendant Zhang Leliang committed the crime of illegal detention and was sentenced to nine years in prison; The defendant Cao Jinsheng committed the crime of illegal detention and was sentenced to seven years in prison. The judgment has taken legal effect.

（3） Typical significance

This case is a case where a young woman was forced to participate in pyramid schemes through illegal detention, resulting in her death. With the rapid development of network technology, the number of cases of using the internet to establish pyramid schemes and commit crimes is increasing. The victim of this case, Jiang, immediately used the internet to find a job, but unfortunately was targeted by pyramid schemes and illegally detained. Unfortunately, he died during his escape, which is regrettable.