6 Romanian scammers jailed for eBay scams

Sentence pronounced on 01/27/2010 by the Court in Sibiu.

The significance of this case is the fact that the scammer's prison sentences are longer than the ones normally given.




The defendants in this case are Horatiu Octavian Rotaru, Marius Petru Tamba, Ionut Cosmin Danica, Mihai Isaia Pintilie, Ilie Cristian Munteanu, Cosmin Radu Bela, Dinu Constantin Chircusi and Gheorghe Trocaru.



In the sentence, they’ve been convicted for:



Danica Ionut Cosmin, sentenced to serve 5 years and six months in prison; Was in jail on 06/15/2005-10/16.2006. He should serve the rest.

Art. 7. Law 39/2003 ─ (1) The initiation or constitution of an organized criminal group, or joining or supporting in any way such a group, shall be punished by prison from 5 to 20 years and the interdiction of certain rights.

(2) The punishment for the deeds stipulated in paragraph (1) may not be bigger than the sanction provided by the law for the most grave offense within the purpose of the organized criminal group.

(3) If the deeds stipulated in paragraph (1) have been followed by a grave offense, the rules pertaining the concurrence of several offenses shall be applied.

Art.49 –Law 161 Causing the loss of property to a person by the input, alteration of deletion of computer data, by restricting the access to such data or by preventing in any way the operation of a computer system, in order to obtain an economic benefit for oneself or for another is punished with imprisonment from 3 to 12 years.

Penalty for participation

Art.41 Romanian Criminal Code– Instigators and accomplices to an offence provided by the criminal law, committed intentionally, shall be sanctioned by the penalty provided in the law for authors. In establishing the penalty, each person’s contribution to the commission of the offence, as well as the provisions of article 87, shall be taken into account.

Art.25 –Law 161: Owning equipment to forge electronic payment instruments The manufacturing or the owning of equipment, including hardware and software, to be used to forge electronic payment instruments is punished by imprisonment from 6 months to 5 years.

Art.27: Performing financial operations fraudulently

(1) The carrying out of one of the operations mentioned in art.1, item 10, by using an electronic payment instrument, including the identification data that allow its use, without the consent of the owner of the respective instrument, is punished with imprisonment with 1 to 12 years.

(2) The same punishment is given to performing one of the operations mentioned in art.1, item 10, to the unauthorised use of any identification data or by using false identification data.

(3) The same punishment applies to the unauthorised use, by another person, of any identification data in order to carry out any of the operations mentioned in art.1, item10.

(4) The punishment is imprisonment from 3 to 15 years and the prohibition of the rights if the facts mentioned in paragraphs (1) (3) are carried out by a person who, by the nature of his (her) job:a) performs technical operations necessary to issue electronic payments instruments or to perform the types of operations mentioned on art.1 item 10; or

b) has access to the security mechanisms involved in issuing or using electronic payment instruments; or

c) has access to the identification data or the security mechanisms involved in carrying out the types of operations mentioned on art.1 item 10.

(5) The tentative is punished.





Pintilei Mihai Isaia, sentenced to serve 7 years and 6 months in prison; Was in jail on 06/15/2005-10/16.2006. He should serve the rest.

Art. 7. Law 39/2003 ─ (1) The initiation or constitution of an organized criminal group, or joining or supporting in any way such a group, shall be punished by prison from 5 to 20 years and the interdiction of certain rights.

(2) The punishment for the deeds stipulated in paragraph (1) may not be bigger than the sanction provided by the law for the most grave offense within the purpose of the organized criminal group.

(3) If the deeds stipulated in paragraph (1) have been followed by a grave offense, the rules pertaining the concurrence of several offenses shall be applied.

Art.49 –Law 161 Causing the loss of property to a person by the input, alteration of deletion of computer data, by restricting the access to such data or by preventing in any way the operation of a computer system, in order to obtain an economic benefit for oneself or for another is punished with imprisonment from 3 to 12 years.

Penalty for participation

Art.41 Romanian Criminal Code– Instigators and accomplices to an offence provided by the criminal law, committed intentionally, shall be sanctioned by the penalty provided in the law for authors. In establishing the penalty, each person’s contribution to the commission of the offence, as well as the provisions of article 87, shall be taken into account.

Art.27: Performing financial operations fraudulently

(1) The carrying out of one of the operations mentioned in art.1, item 10, by using an electronic payment instrument, including the identification data that allow its use, without the consent of the owner of the respective instrument, is punished with imprisonment with 1 to 12 years.

(2) The same punishment is given to performing one of the operations mentioned in art.1, item 10, to the unauthorised use of any identification data or by using false identification data.

(3) The same punishment applies to the unauthorised use, by another person, of any identification data in order to carry out any of the operations mentioned in art.1, item10.

(4) The punishment is imprisonment from 3 to 15 years and the prohibition of the rights if the facts mentioned in paragraphs (1) (3) are carried out by a person who, by the nature of his (her) job:a) performs technical operations necessary to issue electronic payments instruments or to perform the types of operations mentioned on art.1 item 10; or

b) has access to the security mechanisms involved in issuing or using electronic payment instruments; or

c) has access to the identification data or the security mechanisms involved in carrying out the types of operations mentioned on art.1 item 10.

Robery

Art.211 Criminal Code– (1) Coercion of a person by violence or threat, to give, to do, or not to do or to suffer something, if the act is committed in order to obtain an unlawful benefit, for oneself or for another, shall be punished by strict imprisonment from one to 5 years.

(2) When coercion resides in threat with revealing a real or invented act, which is likely to compromise the person threatened, his/her spouse or a close relative, the penalty shall be strict imprisonmentfrom 2 to 7 years.





Bela Cosmin Radu, sentenced to serve 5 years and six months in prison; He should serve in jail 5 years and six months minus one day (the day when he was arrested 06/15/2005) Art. 7. Law 39/2003 ─ (1) The initiation or constitution of an organized criminal group, or joining or supporting in any way such a group, shall be punished by prison from 5 to 20 years and the interdiction of certain rights.

(2) The punishment for the deeds stipulated in paragraph (1) may not be bigger than the sanction provided by the law for the most grave offense within the purpose of the organized criminal group.

(3) If the deeds stipulated in paragraph (1) have been followed by a grave offense, the rules pertaining the concurrence of several offenses shall be applied.

Art.49 –Law 161 Causing the loss of property to a person by the input, alteration of deletion of computer data, by restricting the access to such data or by preventing in any way the operation of a computer system, in order to obtain an economic benefit for oneself or for another is punished with imprisonment from 3 to 12 years.

Penalty for participation

Art.41 Romanian Criminal Code– Instigators and accomplices to an offence provided by the criminal law, committed intentionally, shall be sanctioned by the penalty provided in the law for authors. In establishing the penalty, each person’s contribution to the commission of the offence, as well as the provisions of article 87, shall be taken into account.

Art.25 –Law 161: Owning equipment to forge electronic payment instruments The manufacturing or the owning of equipment, including hardware and software, to be used to forge electronic payment instruments is punished by imprisonment from 6 months to 5 years.

Art.27: Performing financial operations fraudulently

(1) The carrying out of one of the operations mentioned in art.1, item 10, by using an electronic payment instrument, including the identification data that allow its use, without the consent of the owner of the respective instrument, is punished with imprisonment with 1 to 12 years.

(2) The same punishment is given to performing one of the operations mentioned in art.1, item 10, to the unauthorised use of any identification data or by using false identification data.

(3) The same punishment applies to the unauthorised use, by another person, of any identification data in order to carry out any of the operations mentioned in art.1, item10.

(4) The punishment is imprisonment from 3 to 15 years and the prohibition of the rights if the facts mentioned in paragraphs (1) (3) are carried out by a person who, by the nature of his (her) job:a) performs technical operations necessary to issue electronic payments instruments or to perform the types of operations mentioned on art.1 item 10; or

b) has access to the security mechanisms involved in issuing or using electronic payment instruments; or

c) has access to the identification data or the security mechanisms involved in carrying out the types of operations mentioned on art.1 item 10.

(5) The tentative is punished.



Chircusi dinu constantin, sentenced to serve 5 years and 4 months in prison; He should serve in jail 5 years and 4 months minus one day (the day when he was arrested 06/15/2005) Art. 7. Law 39/2003 ─ (1) The initiation or constitution of an organized criminal group, or joining or supporting in any way such a group, shall be punished by prison from 5 to 20 years and the interdiction of certain rights.

(2) The punishment for the deeds stipulated in paragraph (1) may not be bigger than the sanction provided by the law for the most grave offense within the purpose of the organized criminal group.

(3) If the deeds stipulated in paragraph (1) have been followed by a grave offense, the rules pertaining the concurrence of several offenses shall be applied.

Art.49 –Law 161 Causing the loss of property to a person by the input, alteration of deletion of computer data, by restricting the access to such data or by preventing in any way the operation of a computer system, in order to obtain an economic benefit for oneself or for another is punished with imprisonment from 3 to 12 years.

Penalty for participation

Art.41 Romanian Criminal Code– Instigators and accomplices to an offence provided by the criminal law, committed intentionally, shall be sanctioned by the penalty provided in the law for authors. In establishing the penalty, each person’s contribution to the commission of the offence, as well as the provisions of article 87, shall be taken into account.

Art.27: Performing financial operations fraudulently

(1) The carrying out of one of the operations mentioned in art.1, item 10, by using an electronic payment instrument, including the identification data that allow its use, without the consent of the owner of the respective instrument, is punished with imprisonment with 1 to 12 years.

(2) The same punishment is given to performing one of the operations mentioned in art.1, item 10, to the unauthorised use of any identification data or by using false identification data.

(3) The same punishment applies to the unauthorised use, by another person, of any identification data in order to carry out any of the operations mentioned in art.1, item10.

(4) The punishment is imprisonment from 3 to 15 years and the prohibition of the rights if the facts mentioned in paragraphs (1) (3) are carried out by a person who, by the nature of his (her) job:a) performs technical operations necessary to issue electronic payments instruments or to perform the types of operations mentioned on art.1 item 10; or

b) has access to the security mechanisms involved in issuing or using electronic payment instruments; or

c) has access to the identification data or the security mechanisms involved in carrying out the types of operations mentioned on art.1 item 10.

(5) The tentative is punished.



Munteanu Ilie Cristian, sentenced to serve 5 years and 4 months in prison; Was in jail on 07/13/2005-10/16.2006. He should serve the rest.

Art. 7. Law 39/2003 ─ (1) The initiation or constitution of an organized criminal group, or joining or supporting in any way such a group, shall be punished by prison from 5 to 20 years and the interdiction of certain rights.

(2) The punishment for the deeds stipulated in paragraph (1) may not be bigger than the sanction provided by the law for the most grave offense within the purpose of the organized criminal group.

(3) If the deeds stipulated in paragraph (1) have been followed by a grave offense, the rules pertaining the concurrence of several offenses shall be applied.

Art.49 –Law 161 Causing the loss of property to a person by the input, alteration of deletion of computer data, by restricting the access to such data or by preventing in any way the operation of a computer system, in order to obtain an economic benefit for oneself or for another is punished with imprisonment from 3 to 12 years.

Penalty for participation

Art.41 Romanian Criminal Code– Instigators and accomplices to an offence provided by the criminal law, committed intentionally, shall be sanctioned by the penalty provided in the law for authors. In establishing the penalty, each person’s contribution to the commission of the offence, as well as the provisions of article 87, shall be taken into account.

Art.27: Performing financial operations fraudulently

(1) The carrying out of one of the operations mentioned in art.1, item 10, by using an electronic payment instrument, including the identification data that allow its use, without the consent of the owner of the respective instrument, is punished with imprisonment with 1 to 12 years.

(2) The same punishment is given to performing one of the operations mentioned in art.1, item 10, to the unauthorised use of any identification data or by using false identification data.

(3) The same punishment applies to the unauthorised use, by another person, of any identification data in order to carry out any of the operations mentioned in art.1, item10.

(4) The punishment is imprisonment from 3 to 15 years and the prohibition of the rights if the facts mentioned in paragraphs (1) (3) are carried out by a person who, by the nature of his (her) job:a) performs technical operations necessary to issue electronic payments instruments or to perform the types of operations mentioned on art.1 item 10; or

b) has access to the security mechanisms involved in issuing or using electronic payment instruments; or

c) has access to the identification data or the security mechanisms involved in carrying out the types of operations mentioned on art.1 item 10.

(5) The tentative is punished.





Trocaru Gheorghe, sentenced to serve 7 years and 6 months in prison; He should serve in jail 7 years and 6 months minus one day (the day when he was arrested 08/15/2005) Art. 7. Law 39/2003 ─ (1) The initiation or constitution of an organized criminal group, or joining or supporting in any way such a group, shall be punished by prison from 5 to 20 years and the interdiction of certain rights.

(2) The punishment for the deeds stipulated in paragraph (1) may not be bigger than the sanction provided by the law for the most grave offense within the purpose of the organized criminal group.

(3) If the deeds stipulated in paragraph (1) have been followed by a grave offense, the rules pertaining the concurrence of several offenses shall be applied.

Robery

Art.211 Criminal Code– (1) Coercion of a person by violence or threat, to give, to do, or not to do or to suffer something, if the act is committed in order to obtain an unlawful benefit, for oneself or for another, shall be punished by strict imprisonment from one to 5 years.

(2) When coercion resides in threat with revealing a real or invented act, which is likely to compromise the person threatened, his/her spouse or a close relative, the penalty shall be strict imprisonmentfrom 2 to 7 years.


Some of the domains these scammers used:
www.fedex-uk.net
www.fedex-office-uk.com
www.dhl-uk.net

Their ploy was to advertise listings on eBay and pretend to send the items using the fake domains.

More on their scams:
http://translate.google.com/translate?hl=en&sl=ro&u=http://tech.rol.ro/content/view/2129/7/&ei=8qZwS6q6JOWutgfZm-T5CQ&sa=X&oi=translate&ct=result&resnum=3&ved=0CA4Q7gEwAg&prev=/search%3Fq%3DHoratiu%2BOctavian%2BRotaru%26hl%3Den%26rlz%3D1I7DLUS_en

http://translate.google.com/translate?hl=en&sl=ro&u=http://stiri.acasa.ro/articole/social/hackeri-sibieni-judecati-pentru-o-frauda-de-350-000-dolari&ei=I6hwS5qgJI-0tgexwaj8CQ&sa=X&oi=translate&ct=result&resnum=4&ved=0CBYQ7gEwAw&prev=/search%3Fq%3DHoratiu%2BOctavian%2BRotaru%26hl%3Den%26rlz%3D1I7DLUS_en