Online shopping platforms have a lot of information, and they can be easily exploited by fraudsters if they are not careful. So what should consumers do when they encounter fraud on shopping platforms?
Come and participate in this law popularization class and listen to Jing Xiaomallet tell you about it!
Brief facts of the case. From September to October 2021, Lu falsely advertised **Hermes bags on the life sharing app, falsely claiming that he had suppliers from Japan and France, and had stable cooperation with auction houses.
In September 2021, Li purchased two Hermes bags at a certain place in Lu for more than 40 yuan **, but Lv did not actually deliver them. From October to December 2021, Ji purchased nine Hermes bags from Lu, transferring a total of more than 580 yuan, and Lu only shipped one of them, which was purchased by Lu from a second-hand store in China at a low price** to Ji to deceive trust. Before the case was filed, Lu refunded 50,000 yuan and 700,000 yuan to Li and Ji respectively.
After investigation, Lu had falsely transferred more than 30,000 yuan to the victim Sun Mou's Chanel bag on the second-hand trading app in 2020, and then pretended to be a courier to contact Sun, and made up false reasons such as courier not receiving the parcel to delay the delivery. Sun called the police after discovering that he had been deceived, and Lu refunded the full amount. The court sentenced Lu to eight months in prison, suspended for one year, and fined 3,000 yuan for fraud.
Court decision. After trial, the court of first instance held that Lu X had fabricated facts for the purpose of illegal possession to defraud others of money, and the amount was particularly huge, and his conduct had constituted the crime of fraud and should be punished in accordance with law. Therefore, it was decided to revoke the suspended sentence of the previous crime, and to punish it concurrently with the previous crimes, and decided to enforce the fixed-term imprisonment of 12 years and four months, deprivation of political rights for 2 years, and a fine of 12 yuan30,000 yuan;Lu was ordered to make restitution of more than 490 yuan for the victim's economic losses.
Lu was dissatisfied with the first-instance judgment and appealed. After trial, the Beijing No. 3 Intermediate People's Court held that the facts found in the original judgment were clear, the evidence was sufficient, the trial procedures were lawful, and the sentence was appropriate, so it ruled to reject the appeal and uphold the original judgment.
Jing Xiao Hammer Interpretation Law.
In this case, the purchase channel confessed by Lu was that he learned about the supply channel through social **, negotiated with the "Shangjia"**, and transferred hundreds of thousands of yuan for the purchase of luxury bags. In fact, Lu did not verify the identity and supply capacity of the so-called "Shangjia", and after receiving the purchase price, he mostly used it for consumption and other items. When the victim did not receive the package for a long time and was urged many times, Lu delayed the time and refused to refund the money by forging logistics express waybills and other methods.
Some luxury bags on the market are really hard to find, and the second-hand and first-hand luxury bag market is hot, and it is expensive, which has become a "business opportunity" in the eyes of fraudsters. Fraudsters deceive consumers into trusting consumers through identity packaging and fictitious sources of goods, and squander the money after the fraud is successful, and it is often difficult to recover the victims' money.
Consumers should be more cautious when shopping on online shopping platforms, and should rationally identify online "grass" information, and be vigilant against the same products that repeatedly appear in multiple postsDo not leave the shopping platform to make another transaction, because the transaction without the platform is extremely risky due to the lack of third-party payment platform as a guarantee.
Link to the law] Criminal Law of the People's Republic of China
Article 266: [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine;where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
Contributed by Beijing Third Intermediate People's Court.
Editor: Ma Yuan, Guo Jin.
Review: Wang Fang.