2025-03-17

In response to social concerns, strengthening consumer rights protection, and guiding operators to operate with integrity, on the occasion of International Consumer Rights Day on March 15th, the Supreme People's Court released six typical cases involving prepaid consumption on March 14th. Among them, Case Six is a fraud case involving Zheng Moushun and others, with the defendant being a "professional store keeper" who was sentenced to punishment by the court in accordance with the law. The reporter learned that "professional closure" mainly manifests in two forms in practice: one is to provide advice and strategies, help operators evade debts through arranging "debtors" and other means, and make profits by collecting remuneration paid by operators; The second is to directly participate in the operation, using the existing customer resources of the store to lure consumers to continue recharging through gimmicks such as lottery and recharge cashback. After receiving the advance payment, the store will be closed and the funds will run away. The latter is usually suspected of criminal offenses such as fraud. The above case belongs to the latter type. Criminals refer to this type of criminal behavior as a 'recharge case'. The case shows that the defendant Zheng Moushun searched for shops in various places that he intended to transfer and had not been found to have committed fraud crimes. He first signed a transfer agreement with the shop owner, paid part of the transfer fee, and changed the registration. Then, the defendants Yan Mouyu and Hao Mouwei led a team to enter the purchased shop. Cui Mouxin, Wang Mouyue, Cao Mouyue, and other store business personnel contacted the original shop members by phone to introduce the anniversary recharge and win prize activity. Cai Moujun served as the team leader to help the salesperson negotiate recharge business with customers. Xing Moujiao was responsible for the actual operation of the point ranking system, and Men Moupeng was responsible for the early store docking, procurement of office supplies, and payment of employee wages. Each defendant forms a specialized and professional "closed shop" team with clear division of labor and cooperation. In February 2023, the defendant Zheng Moushun, together with the defendant Yan Moyu, committed fraud to lure consumers into pre payment recharge. They took over a photography store in Ningbo and, in the absence of operating conditions, falsely promised to return the recharge money to customers after the store held an anniversary celebration activity, inducing the victim to make a cash recharge. Later, they held an award ceremony and used on-site recharge rankings to induce the victim to recharge again. After the event, the defendants Zheng Moushun, Yan Mouyu, Hao Mouwei, Cai Moujun, Xing Moujiao, Men Moupeng and others went missing and defrauded victims Sun Mou, Yang Mou, Wang Mouwen and others of more than 1.46 million yuan. The trial court held that the defendants Zheng Moushun, Yan Mouyu, Hao Mouwei, Men Moupeng, Cai Moujun, Xing Moujiao, Cui Mouxin, Wang Mou, Cao Mouyue, and others conspired with the purpose of illegal possession and used fabricated facts and concealed truth to defraud others of money. The amount was particularly huge, and their actions constituted the crime of fraud and were joint crimes. The defendants were sentenced to fixed-term imprisonment and fined for the crime of fraud. The Supreme People's Court has stated that the people's courts shall impose penalties on such "professional store closers" in accordance with the law, effectively punishing crimes and deterring criminals. (New Society)

Edit:Ou Xiaoling    Responsible editor:Shu Hua

Source:GuangMing Net

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