Full title: Ibero was fined more than 600,000 yuan for "organizing and planning pyramid schemes", and ordinary products "curing diseases" were also suspected of false propaganda
Source: WeChat E-commerce Survey
With the continuous improvement of people's pursuit of "beauty", the market size of the cosmetics industry has been expanding, and the market size has increased from 162 billion euros in 2010 to 200 billion euros in 2020. Due to the spread of Korean film and television culture in China, Korean cosmetics have been strongly imported into China and have become an important part of the Chinese cosmetics market. Ibeno is a company that mainly sells Korean cosmetics, and the boss, Liang Junxi, is Korean, but he was fined more than 600,000 yuan by the Shanghai Minhang District Market Supervision and Administration Bureau for organizing and planning pyramid schemes.
More than 600,000 yuan were confiscated for pyramid schemes, and the administrative penalty letter was published
On the administrative penalty letter published, it is shown that the subject of punishment is Shanghai Hancai Trading Co., Ltd., the legal representative YANGJANGSUK (Liang Jiangxi), after investigation, the company's brand is Evano. The penalty letter stated that the interrogation record made by Cai Cheng, the financial liu jie, the logistics manager Wan Hongbo and relevant personnel of Hancai Company, the "Office Lease Contract", "Fact Sheet", the Company's Personnel List, the Product Appearance Photo Printout, the "Support Fund Policy, Wage Policy", "Personnel Development Structure Chart at All Levels", "Order Commodity Detail Table" and the Bank Details of the Payment, the "Team Support Fund Salary Settlement Table", "Product Sales Page 2 of 4 List" provided by HanCai Company, and the Shipment Registration Form ( It includes the courier manifest number), a copy of the "Rebate Bank Transaction Record" and the "Business License", a copy of the ID card provided by the legal representative of Hancai Company, the authorized entrusted agent and relevant personnel, the power of attorney and other relevant evidentiary materials involving the case.
The above documentary evidence, physical evidence and other materials are signed and confirmed by Hancai Company or relevant entities, have the characteristics of relevance, objectivity and legality, and have constituted a complete and strict chain of evidence, which can fully prove the illegal facts and punishment circumstances of Hancai Company.
The above-mentioned acts of the parties also violate the second item of article 7 of the Regulations on the Prohibition of Pyramid Schemes: "(2) The organizer or operator requires the developed personnel to pay fees or disguised fees by subscribing to commodities through the development of personnel, obtains the qualification to join or develop other personnel to join, and obtains illegal benefits" And the following acts are MLM acts: (3) The organizer or operator requires the developed personnel to develop other personnel to join through the development personnel, forming an up-and-down line relationship. And the sales performance of the lower line is calculated and paid for the upline, and illegal benefits are obtained. ". Considering that the parties' act of organizing pyramid schemes is for the purpose of selling products, and in the investigation of the case, they actively cooperate with the administrative organs in the investigation, truthfully state the facts of the violation, and take the initiative to provide relevant agreements, documents, records, other materials and other evidentiary materials, etc., according to article 32 (5) of the Administrative Punishment Law of the People's Republic of China: "Where a party has any of the following circumstances, it shall be given a mitigated or mitigated administrative punishment in accordance with law: (5) Laws, regulations, Where the rules provide for other administrative punishments that shall be mitigated or mitigated. Pages 3 of 4 stipulate that a decision on a mitigated administrative penalty shall be made for the above-mentioned illegal acts of the parties.
According to the first paragraph of Article 24 of the Regulations on the Prohibition of Pyramid Schemes, "Whoever organizes and plans pyramid schemes for the conduct provided for in Article 7 of these Regulations shall be confiscated by the administrative department for industry and commerce, confiscate the illegal gains, and be fined between 500,000 and 2 million yuan; if it constitutes a crime, criminal liability shall be investigated according to law", the case-handling organ shall impose administrative penalties on the parties concerned in accordance with the law for the above-mentioned illegal acts of Han Lotto Company as follows:
1. Confiscation of illegal gains: RMB 108,432.35 yuan (¥108,432.35);
2. Penalty: RMB Wu Shi Wan Yuan (¥500,000); The total amount of fines and forfeitures is RMB Lu Shi Wan Wan Qian Wan
Reason for being punished, five-level agent
After investigation, The level of the Ibeno legal person bonus system is divided into franchisees, managers, ministers, directors, directors, and executives, the highest level is the executive, can not directly take money to buy high grades, can only start from the franchisee, franchisees at least to buy 10,000 yuan of products, franchisees to complete the promotion of 10 offline beauty salon stores and 260,000 cash performance, can be on the manager level, also known as county-level agents. After becoming a manager-level agent, the team below him has performance, and anyone who accumulates 10,000 yuan of performance will give the manager a salary of 2400 yuan, which is equivalent to taking 24% of the reward. For every 65,000 yuan in team performance, you can get a bonus of 1,500 yuan, which is not capped. If the manager accumulates 200,000 yuan and receives an additional bonus of 4,000 yuan, if the manager achieves 200,000 performance, then his salary can get 56,500 yuan. In addition, the franchisee joined the direct hit 60,000 yuan to buy products, the company will also give 100 yuan of cash subsidies, if you hit 80,000 yuan to buy products, the company will give 1,000 yuan of cash bonuses, play 100,000 will give 2,100 yuan of cash bonuses, the performance of the manager team reached 300,000 yuan, the additional bonus will change from 4,000 yuan to 6,000 yuan, to achieve 400,000 performance, the bonus is 10,000 yuan, to do 50,000 is 20,000 yuan of rewards, the highest is 20,000 cap.
The next level is the minister, and the promotion minister requires 5 managers in the manager team to be promoted. The Ministerial level receives an additional reward of 3 points. All the managers under the minister, for every 10,000 yuan of performance, the minister can get 600 yuan reward. There is also the minister's own performance of every 10,000 yuan, you can get 3,000 yuan of salary. For every 100,000 yuan accumulated performance of all the managers of the minister's team, the minister can also get a bonus of 2900 yuan, which is not capped.
The rank above the minister is the superintendent. 5 new ministers are produced in the team of ministers. All the ministers under the director can get 400 yuan every 10,000 yuan, the team performance will get 6900 yuan for every 200,000 yuan, and the director will push every 10,000 yuan to get a reward of 3400 yuan.
The next level of minister is the council member. Need the director team to bring out two direct push directors can be promoted, the director is all the performance of the team every 10,000 yuan can get 200 yuan reward, the team for every 400,000 yuan of performance to get 13,000 bonuses, not capped. The director directly massaged the reward of 3600 yuan.
The highest level is the executive, the reward of the executive is not known to many people, the current executive is mostly the founder team, many people have not reached this level, according to this system, will become more on the basis of the director level.
From the analysis of this system, it is not difficult to see that each level needs to have "team performance", train a certain number of agents to be able to be promoted, after promotion can take a variety of "team performance" bonuses, obviously belong to the multi-level and team remuneration, by the Shanghai Municipal Supervision Bureau to "organize and plan pyramid schemes" punishment can be said to be not wronged at all. But what kind of company is Inbeno? Why do Korean bosses come to China to engage in "pyramid schemes"?
Company background, development history
According to the Tianyancha APP, Hancai Company was established on January 28, 2016, with a registered capital of 1 million, the legal representative is YANG JANG SUK, the Chinese liang will be xi, and Shanghai Hanxu Cosmetics Co., Ltd. holds 100% of the shares. The company's WeChat public account is "Evano Good Life". The introduction poster of Liang Jiangxi forwarded by the agents, introducing himself as the representative of Evano, who was the general manager of Shanghai Veena Cosmetics Company, and Liang Jiangxi also had a legal dispute with the old owner Shanghai Veena Cosmetics Company, from the content of the judgment document, we know the origin of Liang Jiangxi and Ibeno:
From September 2008 to January 2015, Leung worked as the general manager of the business at Veena Company, a company that mainly operates beauty salons in a franchised manner. In January 2015, Veena Company and Liang Jiangxi negotiated to terminate the labor contract, but did not reach an agreement on economic compensation, on June 24, Liang Jiangxi promised not to contact Veena's agents in the whole region of China, without the approval of Veena Company, will not directly or indirectly contact the agents, if there is a violation of the willingness to accept any penalties, including the refund of all severance compensation, on July 3, Weina Company agreed to pay him a severance compensation of 1.4619 million yuan according to Liang Jiangxi's commitment, and Liang Jiangxi confirmed receipt on the same day.
On July 27, 2015, Liang Jiangxi established Shanghai Hanxu Cosmetics Co., Ltd., registered accounts on WeChat on May 22 and August 20, respectively, for the IBENO brand product promotion agent team under Shanghai Hanxu Cosmetics Co., Ltd., including Wang Li, He Huihui, Xu Xueying, Chen Guirong, and Jin Jinyu team. The Ibeno brand is a trademark that Liang Will Tin applied for registration in its own name during 2014. However, Wang Li, He Huihui, Xu Xueying, Chen Guirong, and Jin Jinyu team are the agent team of Veena Company, and Wei Na Company sued the court, demanding that Liang Jiangxi return the severance compensation of 1.4619 million yuan, but the court ruled that Wei Na Company lost the lawsuit, Liang Jiangxi not only received 1.4619 million severance compensation, but also took away Wang Li, He Huihui, Xu Xueying, Chen Guirong, Jin Jinyu and other team leaders at Veena Company, of which Xu Xueying is now the general manager of Epino, and is a standing-level agent in the system, the highest level. The number of teams is large, the market is almost all over the country, the monthly performance of more than 30 million, in addition to the online sales of cosmetics, but also the development of beauty salon stores, the products sold to the beauty salon.
Products advertise various "effects" or suspected false publicity
The product promotion of Evano is international, through the national 315 certification, and the companies that cooperate with Ibeno are all large brand companies, including Zhengguanzhuang, Gao Liyana, Gwangju Women's University and other Korean enterprises, and also cooperate with domestic cCTV. 其中伊蓓诺胶原蛋白肽饮的功效宣传为改善睡眠，提高睡眠质量，美白，亮肤，淡斑，抗皱，恢复紧致。 解决缓解眼干眼涩眼疲劳，润肠通便，改善便秘，调节内分泌、对敏感肌肤起到杀菌消毒修复作用。
In addition, Evano also has products sold in beauty salons, such as Evano lymphatic massage cream, which has three major functions, one is the detoxification function, which can discharge wastewater, waste gas, waste fat, and pass blood vessels. The second is immune function, which can improve immunity and kill cancer cell mutation factors. The third is the plastic function, which can slim down and shape, prevent diseases, and anti-aging. It is said to be available for the whole body. Another agent said that the female customer was given a pelvis, and then used a full set of lymphatic drainage, and the waist was shrunk by 2 centimeters. Even directly said that the Ibeno lymphatic sleeve is an anti-cancer sleeve, all sub-health use of lymphatic sleeves can be adjusted.
The advertisement of any product should be true and legal, and must not use the name of others to guarantee or imply that the efficacy of the product should mislead consumers. Any content that explicitly or implicitly has a medical effect, exaggerates functions, false publicity or other content that is likely to cause misunderstanding to consumers, violates relevant laws and regulations, or is suspected of false publicity. Article 28, paragraph 2( (2) of the Advertising Law provides that where the performance and function of a commodity are inconsistent with the actual situation and have a substantial impact on the purchase behavior, it may be found to be false advertising.
As for the price of the product, the agent introduced that the unified price of Ibeno can not be discounted, Ibeno in China for more than 5 years, from the beginning of the 30 products to now have more than 300 products, the business philosophy is the store center business policy, emphasizing that the store is the source of life.
What is even more surprising is that this Korean cosmetics brand, many of the products sold in China are actually made in China, or OEM! We landed on the state drug administration's domestic non-special purpose cosmetics filing service platform, inquired that the origin of Ibeno is produced in China, the main production enterprises are Cosmemanga Cosmetics (Suzhou) Co., Ltd., Kema Cosmetics (Wuxi) Co., Ltd., Gaoli Yana Cosmetics (Tianjin) Co., Ltd., and Gaoli Yana Cosmetics Company has also received several administrative penalties.
On October 16 this year, Gaoli Yana Cosmetics Company violated the provisions of Article 34 of the Regulations on the Supervision and Administration of Cosmetics because it did not regularly conduct self-inspection of the implementation of the Good Manufacturing Practices for Cosmetics, and ordered the immediate correction of the illegal acts in accordance with the provisions of Item (3) of the first paragraph of Article 62 of the Regulations on the Supervision and Administration of Cosmetics, and decided to impose a fine of 20,000 yuan. On August 26 this year, he was fined 2,756 yuan by the Tianjin Jinnan District Market Supervision and Administration Bureau for publishing false advertisements. Last year, he was also fined 85,000 yuan for violating the law on production safety.
In summary, Evano not only belongs to the model of "pyramid schemes", the product also has exaggerated publicity and false publicity, in view of these situations, micro-business e-commerce research has been reflected to the relevant departments, Ibeno's follow-up development, we will always pay attention to.