As the performance market continues to boom, it is often difficult to get tickets for many concerts. Some people have seized on the eagerness of many audiences to buy tickets and used their twisted ideas. Recently, the Shanghai Huangpu District People's Court (hereinafter referred to as the Huangpu District People's Court) concluded a concert fraud case. Criminals claimed that they had special channels to buy Jay Chou and Eason Chan concert tickets at a much lower price than the market price. The fraud The amount is as high as more than 1.1 million yuan.
Ding has no source of income and financial constraints in Shanghai, but he has long been addicted to high-consumption venues such as bars and clubs. In order to maintain high living expenses, he lied to his friends that he had low-cost channels where he could buy popular concerts. tickets. Starting in June 2023, some people asked Ding to help buy tickets. After Ding first collected other people's ticket fees at normal prices, he then went to scalpers to buy the tickets at a high price for delivery.
Lai Youwei, deputy director of the First Procuratorial Department of the Shanghai Huangpu District Procuratorate: paid for himself to buy a small number of tickets from scalpers and cashed in some of the tickets. Then let these people who got the tickets from him do free advertising for him. Once he spreads the word, many people will come to him and hand over the money to him willingly.
Police investigation found that there were 13 victims directly related to Ding, and the most among them was defrauded of more than 500,000 yuan, accounting for more than half of Ding's total fraud amount.
Until February this year, many victims discovered that Ding could never buy the agreed concert tickets, and when they asked for a refund, he could not get them. After the negotiations failed, the victims finally chose to call the police.
Recently, after the Shanghai Huangpu District People’s Procuratorate filed a public prosecution, the Shanghai Huangpu District People’s Court made a judgment on the case in accordance with the law.
After investigation, the defendant Ding Moumou defrauded 13 victims of more than 1.1 million yuan, one of whom was defrauded of more than 500,000 yuan. Ding Moumou returned part of the victim's money during this period. The actual amount of the fraud amounted to more than 1 million yuan, which was used for personal consumption and debt repayment.
Ding Moumou voluntarily signed a confession of guilt and punishment during the review and prosecution stage.
The people's court judge
After hearing, the people's court held that
the defendant Ding Moumou defrauded the other party of property for the purpose of illegal possession, and the amount was extremely huge. His behavior had violated criminal law, and he should be held criminally responsible for the crime of fraud. The defendant had mitigating and lenient circumstances such as surrendering and voluntarily pleading guilty and accepting punishment. The Huangpu District People's Court sentenced defendant Ding to nine years in prison for fraud and was fined RMB 100,000. ; the illegal gains were ordered to be refunded and paid. Return each victim.
After the first-instance judgment came into effect, the public prosecution agency did not file a protest, the defendant did not file an appeal, and the case became effective.
The judge said
With the development of the times, more and more people choose to purchase goods through online transactions, such as concert tickets, game accounts, etc. This also gives criminals an opportunity to take advantage of them. Some criminals use the guise of "buying at low prices" to attract consumers to conduct transactions through personal WeChat, QQ and other methods. After they succeed, they squander the money and are ultimately unable to return the money or pay for the goods.
1. Consumers should purchase tickets through formal channels.
Nowadays, the "hype" of concert tickets has spawned a large number of "scalpers" who use various means to hoard tickets and "resell" them at high prices , resulting in a certain market chaos. Criminals have seized on this urge to buy tickets and used promotional methods such as low-price purchases and guaranteed purchases to commit fraud.
When consumers purchase goods through online transactions, they must choose formal platforms and legal channels. Whether it is virtual goods or physical goods, do not believe in the so-called ways to buy them at low prices and conduct them through private transactions.
2. Relevant departments should strengthen management and curb chaos.
Relevant departments should further prevent and crack down on the "scalper" chaos, effectively regulate the order of the ticket market, and reduce the living space for "scalpers" to resell tickets. For example, conduct real-time and dynamic supervision of online platforms. When conducting online transactions with suspicious accounts, timely supervisory warnings and stop-payment notices are provided to the counterparty to reduce the occurrence of damaging results; at the same time, consumers should also conduct multi-channel and multi-faceted , multi-dimensional online fraud propaganda.
Legal article link
1. "Criminal Law of the People's Republic of China"
Article 266 Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge, Or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated. If this law provides otherwise, the provisions shall prevail.
Article 67: Anyone who voluntarily surrenders to the police after committing a crime and truthfully confesses his crime is surrendering. Criminals who surrender may be given lighter or reduced penalties. Where crimes are relatively minor may be exempted from punishment.
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Article 52 When a fine is imposed, the amount of the fine shall be determined based on the circumstances of the crime.
Article 53 The fine shall be paid in one lump sum or in installments within the period specified in the judgment. If payment is not made at the end of the period, payment will be compulsory. If the fine cannot be paid in full, if the people's court discovers at any time that the person subject to execution has property that can be executed, it shall recover the fine at any time.
If it is really difficult to pay due to irresistible disasters or other reasons, the payment may be deferred, reduced or exempted as appropriate upon the ruling of the People's Court.
Article 64: All property illegally obtained by criminals shall be recovered or ordered to be returned as compensation; the legitimate property of the victim shall be promptly returned; contraband and personal property used for crime shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by oneself.
2. Article 15 of the Criminal Procedure Law of the People's Republic of China
If criminal suspects or defendants voluntarily and truthfully confess their crimes, admit the alleged criminal facts, and are willing to accept punishment, they may be treated leniently in accordance with the law.
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Source: Xiamen Radio and Television
