吸粉上万！直播软件鱼龙混杂藏猫腻
2022年2月底，苏州发生了新一轮疫情，学生复课变得遥遥无期，黄先生担心长期居家用网会让他儿子“重蹈覆辙”，便向检察官求助。
一年前，14岁的小黄因偷偷观看“甜甜直播”精神一蹶不振、成绩一落千丈。“老师反馈说，儿子上课精神不集中，总是开小差，眼神呆呆的。”夫妻俩暗中观察了一段时间，终于发现藏在手机里的“猫腻”。打开儿子手机的瞬间，夫妻俩吃了一惊。
“手机上多了一个陌生App，被藏在一个文件夹里，点进去一看，全是色情直播。”更让人想不到的是，正值青春期的儿子已经在这款软件上偷偷充值了近400元，又气又恼的黄先生随即报了警。
侦查中，警方发现登录这款App后，界面上显示着一个个衣着暴露的女子，“再仔细看，每个照片点开就是一个聊天房间，一看就不正常。”苏州市公安局高新区分局网络安全保卫大队的刘愈介绍说。
2021年2月5日，高新区分局成立专案组展开侦查。“每个房间有相应女主播，直播画面不堪入目，我们试图刷礼物给主播，发现主播并没有及时回应，陆续在几个直播间重复操作后，发现普遍存在打赏无回复的情况。”侦查人员据此断定这是一个“假直播”软件。
“假直播”图的可是“真金白银”。警方深入调查后发现，直播软件中还暗藏了木马、赌博等链接，界面中有七八个接口，直接链接到赌博游戏后台，在这些赌博游戏后台可以在线投注、购买彩票，还可跳转到相应赌博网站上，让浏览者在上面进行斗牛、诈金花等。实际上，“甜甜直播”是一款以黄色视频为引子、为赌博网站引流的非法App。
那这款软件是如何实现盈利的？警方调查发现，软件收益主要来源于两部分：一部分为收取会员费和视频点播费，会员费月卡150元、季卡400元、年卡800元，充值后在相应时间段内，会员可无限次浏览观看淫秽视频；另一部分为赌博网站引流而产生的收益。自2020年年底上架以来，不到三个月时间，这款直播软件下载量已近3万次。
什么推广渠道能带来近3万次的下载量？根据小黄提供的线索，警方发现，这款软件主要是在各大聊天软件的群组中发送链接地址或二维码，以裸露的照片和诱惑性的语言吸引被害人下载、安装，短时内吸粉无数。
谁是“XP”？处心积虑却终现端倪
谁架构了这款涉黄软件？它又是怎样运维的？还有多少人深陷其中？办案之初，案件侦查遇到了困难，检察机关依法提前介入该案，引导侦查取证。
侦查终于取得突破，警方在这款App内意外发现了一个客服社交软件账号，通过对该账号研判、分析、排查，找到直播软件运维团队的社交群。通过分析该社交群，一些主要成员的真实身份和具体作用渐渐明晰。
“恭喜发财”是幕后老板，但一直在境外活动、遥控指挥。“XP”负责公司运行、App上架和分发，曾某负责人事考勤、工资发放，张某负责找片源、下载上传视频到服务器，赖某是服务器运维人员，段某负责软件前端设计、技术支持和赌博链接维护。
随着侦查的深入，其他涉案人员身份都已查明，只有“XP”还只是一个代号。这个人具有超强的反侦查能力，其利用技术手段将自己的网络痕迹掩盖。经过近半个月的网络蹲守和研判，警方终于发现了“XP”的蛛丝马迹，继而锁定犯罪嫌疑人吕某。
吕某，深圳人，原本是一名游戏设计师，2020年年底，经朋友介绍，认识了一个昵称为“恭喜发财”的人，吕某称呼他为“财哥”。在言谈中，“财哥”表示欣赏吕某的能力和技术，愿意出资在国内成立一家公司，交由吕某经营打理。
对于经营方式和内容，两人也是一拍即合。明知是违法犯罪，但一想到丰厚的薪资，吕某还是动心了。对于如何规避国内监管打击，“财哥”对吕某也是“耳提面命”“献言献计”。明晰了经营目的和手段，吕某开始招兵买马，从事游戏开发的赖某、段某等人在高薪诱惑下，纷纷加入该团队。
一网打尽！犯罪嫌疑人悉数落网
根据我国《互联网信息服务管理办法》的规定，国家对经营性互联网信息服务实行许可制度，对非经营性互联网信息服务实行备案制度。未取得许可或者未履行备案手续的，不得从事互联网信息服务。移动应用商店如在我国境内从事互联网信息服务活动，应办理相应许可或备案手续。
“甜甜直播”软件不是一个正常App，对此，吕某心知肚明，知道软件无法在应用商场直接供给客户下载，于是辗转联系了杜某林。杜某林团队(另案处理)通过发送链接、二维码等形式在各大网络平台分发。据了解，下载观看淫秽视频的还有不少未成年人，他们在QQ群中悄悄传播、互推下载。
该犯罪集团为了逃避打击，将软件会员充值、打赏、赌博等产生的每一笔资金，都通过第三方平台直接汇到境外账户。资金成功“洗白”后，由长期活动在境外的老板“财哥”再通过非法手段，将公司运维费用转至国内团伙财务处，以现金形式发给成员。发工资时，“财哥”会派专门的马仔把现金送到公司，然后由曾某统一给员工发放，老板与员工之间不见面、不接触、不汇款。就连吕某也只见过“财哥”一面，所有的沟通都是依靠一个境外聊天工具。直到案发，吕某都不清楚这个拉自己下水的“财哥”的真实身份。
通过对吕某的社交软件进行分析，警方在海南三亚将正在“团建”的杜某林团队抓获，两大犯罪集团骨干悉数落网。在软件被查获时，后台信息显示，这款非法App涉案金额超数百万元，经鉴定，该软件传播的淫秽视频达600余部。最终，吕某、曾某、赖某和段某等5名犯罪嫌疑人因犯传播淫秽物品牟利罪，分别被判处三年以上有期徒刑，并处罚金。
对于本案的定罪量刑，检察机关认为，犯罪团伙成员明知是通过互联网传播淫秽物品牟利，仍分工协作，涉及传播的淫秽物品达600余部，达到司法解释中“情节特别严重”的情形。考虑各犯罪嫌疑人均为从犯，有坦白情节，部分犯罪嫌疑人有认罪认罚情节，检察机关提出对各犯罪嫌疑人减轻处罚的量刑建议，最终全部被法院采纳。
Absorb tens of thousands of powder! Live broadcast software is a mixture of fish and dragons.
At the end of February 2022, there was a new epidemic in Suzhou, and students’ resumption of classes became a long way off. Mr. Huang was worried that long-term use of the Internet at home would make his son “repeat the same mistake”, so he turned to the prosecutor for help.
A year ago, 14-year-old Xiao Huang was depressed and his grades plummeted after secretly watching “Sweet Live”. “the teacher replied that my son was not focused in class and was always deserting and staring at him.” The couple watched secretly for a period of time and finally found the “tricks” hidden in their mobile phones. The moment they turned on their son’s cell phone, the couple were surprised.
“there is a strange App on the phone, which is hidden in a folder. When you click into it, it is full of porn live streaming.” What is even more unexpected is that his adolescent son has secretly recharged nearly 400 yuan on the software, and the angry and angry Mr. Huang immediately called the police.
During the investigation, the police found that after logging in to the App, the interface showed scantily clad women. “if you look carefully, each photo is a chat room, which is not normal.” Liu Yu of the network security brigade of the High-tech Zone Branch of the Suzhou Public Security Bureau said.
On February 5, 2021, the branch of high-tech zone set up a special case team to carry out investigation. “there is a corresponding female anchor in each room, and the live broadcast picture is ugly. When we tried to brush gifts to the anchor, we found that the anchor did not respond in time. After repeated operations in several live rooms, we found that there was a widespread situation of reward and no reply.” The investigators concluded that this was a “fake live broadcast” software.
The picture of “fake live broadcast” is “real money”. After in-depth investigation, the police found that links such as Trojans and gambling are also hidden in the live broadcast software, and there are seven or eight interfaces in the interface, which are directly linked to the backstage of gambling games, where you can bet and buy lottery tickets online. you can also jump to the corresponding gambling website, allowing visitors to conduct bullfighting, gold fraud, and so on. In fact, “Tian Tian Live” is an illegal App that uses pornographic videos as an introduction and drains gambling websites.
So how does this software make a profit? Police investigation found that the revenue from the software mainly comes from two parts: one is the collection of membership fees and video-on-demand fees, the monthly membership fee is 150 yuan, the quarterly card is 400 yuan, and the annual card is 800 yuan. Members can browse and watch obscene videos indefinitely within the corresponding period of time; the other part is the income generated by the drainage of gambling websites. The live streaming software has been downloaded nearly 30,000 times in less than three months since it was launched at the end of 2020.
What promotion channel can bring nearly 30,000 downloads? According to the clues provided by Xiao Huang, the police found that the software mainly sends link addresses or QR codes in groups of major chat apps, attracting victims to download and install them with naked photos and seductive language, attracting numerous fans in a short period of time.
Who is “XP”? It was deliberate, but there was a clue.
Who built this porn-related software? How does it operate and maintain? How many people are still in it? At the beginning of handling the case, the investigation of the case encountered difficulties, and the procuratorial organs intervened in advance in accordance with the law to guide the investigation and collection of evidence.
The investigation finally made a breakthrough, and the police accidentally found a customer service social software account in this App. Through the research, analysis and investigation of the account, they found the social group of the live software operation and maintenance team. Through the analysis of the social group, the true identity and specific role of some major members have gradually become clear.
“Kung Hi Fatsai” is the boss behind the scenes, but he has been operating abroad and directing by remote control. “XP” is responsible for the operation of the company, App shelves and distribution, Zeng responsible for attendance and payroll, Zhang is responsible for finding film sources, downloading and uploading videos to the server, Lai is the server operation and maintenance staff, and Duan is responsible for software front-end design, technical support and gambling link maintenance.
With the deepening of the investigation, the identities of other people involved have been identified, and only “XP” is still a code name. This person has a strong ability of anti-investigation, and he uses technical means to cover up his network traces. After nearly half a month of online squatting and research, the police finally found clues of “XP” and then locked in the suspect Lu.
Lu, a native of Shenzhen, was originally a game designer. At the end of 2020, he met a man nicknamed “Gongxi Facai” by a friend. Lu called him “Brother Cai”. During the conversation, “Brother Cai” expressed his appreciation for Lu’s ability and technology, and was willing to invest to set up a company in China to be managed by Lu.
For the mode of operation and content, the two also hit it off. Knowing that it was a crime, Lu was still tempted at the thought of a generous salary. As for how to evade the domestic regulatory crackdown, “Brother Cai” is also “giving advice” to Lu. Clear management purpose and means, Lvmou began to recruit, engaged in game development Lai, Duan and others in high salary temptation, have joined the team.
catch all in one draft! All the suspects were arrested.
According to the provisions of China’s measures for the Administration of Internet Information Services, the state implements a licensing system for for-profit Internet information services and a filing system for non-profit Internet information services. Those who fail to obtain a license or go through the formalities for filing shall not engage in Internet information services. If the mobile application store is engaged in Internet information service activities in China, it shall go through the corresponding license or filing formalities.
“Tian Tian Live” software is not a normal App. Lu knew that the software could not be downloaded directly to customers in the application mall, so he contacted du Moulin. Du Moulin’s team (another case) is distributed on various major network platforms in the form of sending links, QR codes, etc. It is understood that there are many minors who download and watch obscene videos, and they quietly spread and download each other in the QQ group.
In order to evade the crackdown, the criminal group remitted every sum of money generated by software members’ recharging, reward, gambling, etc., directly to overseas accounts through a third-party platform. After the funds are successfully “washed”, the boss “Cai Brother”, who has been active abroad for a long time, transfers the company’s operation and maintenance expenses to the financial office of the domestic gang through illegal means, and sends them to the members in the form of cash. When paying wages, Brother Cai will send a special horse to send the cash to the company, and then Zeng will distribute it to the employees. There is no meeting, no contact or remittance between the boss and the employees. Even Lu has only seen “Brother Cai” on the one hand, and all communication depends on an overseas chat tool. Until the case, Lu did not know the true identity of the “brother Cai” who dragged himself into the water.
Through the analysis of Lu’s social software, the police in Sanya, Hainan, will be “team building” du Moulin team arrested, the backbone of the two major criminal syndicates were all arrested. When the software was seized, background information showed that the illegal App involved more than several million yuan, after identification, the software spread more than 600 obscene videos. In the end, five suspects, including Lu, Zeng, Lai and Duan, were sentenced to more than three years in prison and fined for profit-making by spreading obscene materials.
With regard to the conviction and sentencing in this case, the procuratorial organs believe that members of the criminal gang still work together, knowing full well that they are spreading obscene materials through the Internet for profit, and more than 600 obscene materials are involved in the dissemination of obscene materials, thus reaching the situation of “the circumstances are particularly serious” in the judicial interpretation. Considering that all the suspects are accomplices, there are frank circumstances, and some criminal suspects have the circumstances of pleading guilty and punishing, the procuratorial organs put forward the sentencing suggestion of mitigating punishment for all criminal suspects, which was finally adopted by the court.
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