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Fortunately, the e-commerce company discovered the abnormal transaction and froze the account ; the store owner was sentenced to one year and nine months in prison for fraud and fined 10,000 yuan. "Double Eleven" is coming soon . While buyers are gearing up for crazy shopping , they should beware of online shopping scams , beware of shell online stores, phishing scams... Recently , the Tianhe District Court heard a criminal case in which a Taobao store owner fabricated facts to defraud payment. This store owner is really amazing . With the concept of Bitcoin mining machine , which he did not understand, he successfully defrauded a transaction of 500,000 yuan and even a deposit of 300,000 yuan !
Xin Kuai Bao reporter Huang Qiong, correspondents Xu Chen and Huang Siming
Learn, search and cheat
The defendant, Zheng Moulong, is 22 years old . Three years ago , he and his sister rented a house near Fangcun Tea City and operated a Taobao store in the rented house to sell tea. A year later , the tea business failed and he owed tens of thousands of yuan in debt. Zheng Moulong then thought about making money in other ways to "fill the hole".
In October 2013 , Zheng Moulong saw on the Internet that the concept of "Bitcoin" was very popular , and the price of "Bitcoin excavator" ( i.e. computer host ) was also hyped up to over 10,000 yuan per unit. Although he knew nothing about the principles of Bitcoin and excavators , and had no channels to purchase them , Zheng Moulong thought that the unit price of excavators was high , and buyers usually bought dozens of them at a time , so it was easy to get hundreds of thousands of yuan in payment , which was a shortcut to make quick money . So he downloaded several pictures of Bitcoin excavators from the Internet , copied some related information , and pasted them on the page of the original online store selling tea , and started a Bitcoin excavator business.
Surprisingly , there were buyers who started consulting Zheng Moulong online.
Zheng Moulong himself was also confused about what this Bitcoin mining machine was . Every time he communicated with customers , Zheng Moulong was very busy , often chatting with customers while searching for information on the Internet to get away with it.
Not only did he not tell the buyer that he did not have the product in hand , he also repeatedly promised the buyer that he would install and debug the machine and provide after-sales service. He just thought that if someone really wanted to buy it , he would get the other party's payment first.
The buyer confirms receipt of the goods in advance and the deposit is gone
More than a month later , Zheng Moulong finally caught the big fish.
On November 29, 2013 , Taobao buyer Ms. Liang contacted Zheng Moulong online to purchase an excavator. Zheng Moulong lied to Ms. Liang that he had 5 excavators in stock and had received many orders that day. After a round of bargaining , Ms. Liang finally bought 50 excavators from Zheng Moulong at a price of 10,000 yuan per excavator . Ms. Liang had to pay a "deposit" of 300,000 yuan first . After receiving the 300,000 yuan, Zheng Moulong sent 25 excavators to Ms. Liang within a week . After receiving the goods, Ms. Liang paid the remaining 200,000 yuan . The remaining 25 excavators were sent within 5 days . Zheng Moulong was responsible for the freight of all the excavators and was responsible for installation and commissioning.
After Ms. Liang placed the order , she transferred 300,000 yuan to the Alipay platform through her Alipay account . Afterwards , Zheng Moulong asked Ms. Liang to click "Confirm Receipt" , saying that he would not ship the goods until he received a "deposit" of 300,000 yuan. Ms. Liang did not suspect anything was wrong and clicked "Confirm Receipt". The 300,000 yuan payment was then deposited into Zheng Moulong's Taobao store Alipay account , and Zheng Moulong immediately transferred 68,000 yuan of it into his bank account in two installments to repay the debt .
E-commerce companies freeze accounts when abnormalities are discovered
This large transaction attracted the attention of Taobao customer service staff. That night , Taobao customer service staff contacted Ms. Liang and asked whether her transaction with Zheng Moulong was real . Ms. Liang affirmed that it was a real transaction. The customer service staff then asked whether she knew Zheng Moulong privately and whether she had ever traded with him before , but Ms. Liang denied it.
Afterwards , Zheng Moulong contacted Ms. Liang by phone , saying that his online store's Alipay account had been frozen and he could not withdraw the payment, which affected his business . He asked Ms. Liang to contact him to unfreeze the account , and promised to refund the full amount and cancel the transaction after unfreezing. After that , Ms. Liang contacted Taobao again , and the customer service staff told her that the balance on Zheng Moulong's online store account was less than 300,000 yuan , and the goods had not been shipped after receiving the payment . Taobao negotiated with him but he did not respond , so his account was frozen and dealt with within 7 days.
Two days later , Ms. Liang continued to contact Zheng Moulong by phone , urging him to ship the goods or refund the money . However, Zheng Moulong had no goods to ship and no money to refund , so he threw away his mobile phone, phone card and computer with Internet access , moved out of the original rental house , and no longer contacted Ms. Liang. So Ms. Liang called the police and applied for after-sales rights protection . Taobao later returned 232,000 yuan to Ms. Liang. In March 2014 , Zheng Moulong, who had been hiding for more than four months, was arrested in a rental house in Baiyun District. Afterwards , Zheng Moulong's family refunded 68,000 yuan to Ms. Liang , and Ms. Liang expressed her understanding of Zheng Moulong.
Trial focus
Was it 300,000 yuan or 68,000 yuan that was defrauded ?
Afterwards , the Tianhe Procuratorate filed a public prosecution against Zheng Moulong for fraud , believing that the amount of fraud he had committed was 300,000 yuan , which was a huge amount and a completed crime , and requested a sentence in accordance with the law. Zheng Moulong insisted that the amount of fraud he had committed was 68,000 yuan, not 300,000 yuan.
In this case , the victim transferred 300,000 yuan to the Alipay account controlled by Zheng Moulong . Zheng Moulong only withdrew 68,000 yuan . Taobao found that the transaction was abnormal and took the initiative to restrict the withdrawal function and freeze funds . As a result, he could no longer withdraw the remaining 232,000 yuan . The remaining amount was eventually returned to the victim by Taobao. It can be seen that the entire transaction process and the Alipay account were under the control of Taobao and Alipay. Therefore , the 68,000 yuan that Zheng Moulong had withdrawn should be considered as a completed crime ; the remaining 232,000 yuan that he did not actually control should be considered as an attempted crime.
Therefore , the court held that Zheng Moulong committed the crime of fraud . For the completed crime of 68,000 yuan , the sentencing range of "imprisonment of not less than three years but not more than ten years and a fine" should be applied according to the law . For the attempted fraud of 232,000 yuan , the punishment can be reduced in comparison with the completed crime. In view of the fact that he was able to truthfully confess his crime after being arrested , his attitude of admitting guilt was good , and the economic losses of the victim had been fully recovered and the victim expressed forgiveness , he can be given a lighter punishment. Zheng Moulong was finally sentenced to one year and nine months in prison and a fine of RMB 10,000.
Judge Reminder
Be more careful about buying when facing discounts The judge who presided over the case reminded consumers that when shopping online , especially when they have not received the goods , they should not click "Confirm Receipt" easily , otherwise they will lose their money and goods in a matter of minutes. He said that for consumers , they cannot touch the actual goods when shopping online , and they are often deceived because of their eagerness to shop , especially when faced with various discounts, they are more likely to make impulse purchases. Therefore , consumers should improve their self-protection awareness , remain cautious and calm when shopping , pay attention to identifying sellers and product information , and strengthen their ability to identify, prevent and deal with fraud.
In addition , e-commerce and third-party payment platforms should continuously improve the big data system to ensure transaction security on the existing basis , and promptly and effectively discover and stop illegal activities.
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