Truong Van Bang (born in 1990, residing in Thang Long commune, Kinh Mon) and Vu Van Dai (born in 1984, residing in Tu Minh ward, Hai Duong city) have just been sentenced for spreading text messages advertising gambling and prostitution.
Sending hundreds of thousands of spam messages every day
Around January 2023, through Facebook, Dai learned that Bang had the ability to spread spam messages and information on telecommunications networks and social networks like Telegram. To make a profit,By contacting Telegram accounts "Spam Siêu rẻ" and "Vân Minh" (the full name and address of the Telegram account owner is unknown), they agreed to run messages advertising online gambling and prostitution services for 145 VND/successfully sent message.
SThen Bang contacted and agreed with Dai to pay Dai 130-140 dong for each successful message sent, and Dai agreed. Thus, Bang would receive a difference of at least 5 dong/message. The payment was made through a bank account.
After the agreement was reached, every day, the Telegram accounts “Super Cheap Spam” and “Van Minh” sent a list of phone numbers and text messages advertising gambling and prostitution to Bang. Then Bang forwarded it to Dai so that Dai could run and spread the messages as requested. After that, the subjects exchanged information to compare and pay Bang, then Bang paid Dai.
To spread the messages, Dai accessed Facebook to buy mobile SIM cards and found two people in Hanoi and Can Tho who agreed to sell a large number of pre-activated mobile SIM cards, with zero-dong accounts, only needing to top up to use. When receiving the SIM cards, Dai topped up the SIM cards to use.
From January 2023, Dai used computers, phones, SIM cards, and running devices every day to send and distribute messages to a list of phone numbers as requested by Bang. Every day, Dai distributed about 10,000 - 200,000 messages to subscribers. After Dai sent and distributed messages, Dai compiled the number of messages sent and distributed during the day and reported to Bang via the social network Telegram.
Price
From January 27 to September 6, 2023, after deducting expenses, Dai benefited from spreading messages advertising online gambling and prostitution services of more than VND 576 million. Bang benefited from more than VND 409 million.
On the morning of April 11, the People's Court of Hai Duong province held a first-instance trial of Truong Van Bang and Vu Van Dai for the crime of illegally providing information on telecommunications networks.
The Department of Culture, Sports and Tourism of Hai Duong has issued a document identifying the content of the above messages as “messages related to online gambling activities” and “messages related to prostitution activities”. The above texting behavior is contrary to good customs and is prohibited in advertising activities according to Clause 1, Clause 8, Article 7 and Clause 1, Article 8 of the Law on Advertising.
The trial panel determined that the defendants' actions were dangerous to society and violated telecommunications network security.. The defendants knew that their actions were illegal but still intentionally committed them for personal gain. In this case, defendant Bang played the primary role, and Dai played the role of an active accomplice.
The trial panel sentenced Truong Van Bang to 2 years and 6 months in prison and Vu Van Dai to 2 years in prison for illegally providing telecommunications network information as prescribed in Point c, Clause 2, Article 288 of the Penal Code.
NGOC MAI