In the past six months, Mr. Zhu, a businessman in Xi'an, has been troubled by one thing: in early August 2021, he bought a BMW X6 at Xi'an Xinfengtai Haibao Automobile Sales service Co., Ltd. (hereinafter referred to as Xinfengtai Haibao 4S store), and then Li Rui, a salesman of the company, defrauded more than 194,000 yuan on the grounds of helping to pay purchase taxes and other matters.
When Mr. Zhu asked Xinfengtai Haibao 4S store for explanation, he got a reply that Li Rui's behavior was a personal act and had nothing to do with the company, and he had left at the end of August 2021. In addition, the relevant staff of the Xinfengtai Haibao 4S store also said that the new car sales contract signed by Li Rui and Mr. Zhu was a fake contract with an official seal. At present, Li Rui has been criminally detained by the police on suspicion of fraud.
Notice of case filing issued by the police
More than 194,000 yuan entered the sales personal account
Founded in 1997, New Fengtai Group is a well-known automobile dealer group that was listed on the Main Board of the Hong Kong Stock Exchange on 15 May 2014 (stock code: 01771.HK). HK）。 Headquartered in Hong Kong, China, Xinfengtai Group has set up an investment company in Shanghai, as of December 2021, it has 40 operating outlets, more than 3,000 employees, and its main business covers Chinese mainland 8 provinces, municipalities directly under the central government and autonomous regions, distributed in 15 cities.
On the occasion of the "3.15 Consumer Rights protection day", Mr. Zhu, a businessman in Xi'an, told the surging news that when he bought a car at the Xinfengtai Haibao 4S store in Xi'an, he was defrauded of more than 194,000 yuan by a salesman of the store. After the incident, the store refused to refund the compensation on the grounds that the matter was a personal act of sales.
Mr. Zhu introduced that on August 1, 2021, he paid a deposit of 80,000 yuan at the Xinfengtai Haibao 4S store and ordered a BMW X6 car with a total price of 836,900 yuan. Mr. Zhu said that the sales consultant who began to receive him was Jiang Moumou, but some things such as attached services and other Jiang Moumou could not do the master, Jiang Moumou found Li Rui and Mr. Zhu to talk, Jiang Moumou said that Li Rui was his leader, and the authority was greater than him.
After Li Rui intervened, he promised some preferential conditions, and Mr. Zhu quickly paid a deposit and signed a new car sales contract and an agreement on decoration. On the new car sales contract stamped with the special seal of the sales contract of Xinfengtai Haibao 4S store, Li Rui signed the sales director column; on the agreement on decoration, Jiang Moumou signed his name as a sales consultant.
On August 7, 2021, After Mr. Zhu paid the remaining 756,900 yuan, he picked up the new car. Mr. Zhu said that he just drove away at that time, and other procedures were in Li Rui's place, because they wanted to give me purchase tax, listing and other after-sales service, "The car payment was handed over to their company's finance department, Li Rui asked me to send the purchase tax money to his personal account, I questioned it at the time, Li Rui said that this is how it is operated, and said that this personal card is also stored in the company's financial office, specifically for customers to deal with purchase tax and so on." He also pointed to the electronic bracelet he was wearing and said that there was a recording of the conversation and that it would be handed over to the company after work. ”
Out of trust in the 4S store and its employees, Mr. Zhu transferred the purchase tax of 74,062 yuan to Li Rui's personal account the next day, after which he began a long wait. On September 22, Li Rui told Mr. Zhu that the previously promised gift service company had not passed, and it was necessary to split the service into three parts, let Mr. Zhu pay another 100,000 yuan deposit, make up two fake contracts, and after the approval was approved, return the 100,000 yuan, which would take about two weeks. Therefore, Mr. Zhu transferred 100,000 yuan to the account provided by Li Rui in two installments.
However, two weeks later, Mr. Zhu did not wait for a refund of 100,000 yuan, and Li Rui said that he was going through the process. In addition, Mr. Zhu's lover once asked another sales consultant, Jiang Moumou, about this matter, and Jiang Moumou contacted Li Rui and said, "He said that the account arrived in these two days, the problem is not big, you see if the account has not arrived in these two days, I will immediately go to him." ”
On October 18, Li Rui asked Mr. Zhu to talk about the car in person, and after Mr. Zhu went to the appointment, Li Rui said that he had not been able to open his funds recently and wanted to borrow 80,000 yuan from Mr. Zhu. Mr. Zhu said that he said at the time that he only had 20,000 yuan in hand, and in order to smoothly list and refund the previous deposit of 100,000 yuan as soon as possible, he agreed to lend money to Li Rui, but asked Li Rui to do all these things within a week. After that, Mr. Zhu transferred another 20,000 yuan to Li Rui. At this point, Mr. Zhu has successively transferred 194062 yuan to Li Rui.
Mr. Zhu's new car sales contract, 4S store said was a sales forgery.
Is the new car sales contract fake?
On November 9, 2021, in the face of Li Rui, who could no longer hide it, he told Mr. Zhu that the money had been embezzled by him. Mr. Zhu said that on the same day, he and his lover, Jiang Moumou and Li Rui discussed how to solve the matter at the Xinfengtai Haibao 4S store, and the relevant person in charge of the store did not come forward, but called Jiang and Li to talk, and then sent a message to Mr. Zhu saying that Li Rui had been expelled. Until the same day, a series of procedures such as Mr. Zhu's vehicle customs declaration were still in Li Rui's hands, and they were only checked and recovered by Jiang Moumou after Being urged by Mr. Zhu. In addition, Mr. Zhu asked Jiang to verify the content of the gift service agreed in the contract, and Jiang replied that it had been generated and there was no problem.
The result of the discussion on the same day was that Li Rui promised to think of various ways to refund the 194062 yuan in one lump sum within 3 days. But it turned out that this was just Li Rui's strategy to slow down the army. In mid-December, Mr. Zhu had no choice but to call the police. According to the notice of case filing issued by the Lianhu District Public Security Bureau of Xi'an City on February 16, 2022, the bureau believes that Mr. Zhu's case of fraud "has criminal facts and needs to be investigated for criminal responsibility, and is now filing and investigating the case according to law." At present, Li Rui has been criminally detained.
Mr. Zhu said that Xinfengtai Haibao 4S store, believing that this matter was caused by Li Rui's personal behavior, did not answer his request that the 4S store refund 194062 yuan and apologize.
On February 22, when Mr. Zhu went to another BMW 4S store to maintain the vehicle, he found that there was no preferential service under his car name. Mr. Zhu then called jiang moumou, and the reply was that the first page (a total of two pages) of the new car sales contract signed by Li Rui was fake, and the second page was a fixed standard clause. The main content involving falsehood is a special agreement column: "Full amount, this price includes lifetime free basic maintenance (including oil, machine filter, vapor filter, man-hour fee) and transmission maintenance once (including accessories, man-hours fee)." ”
A few days ago, the surging news accompanied Mr. Zhu to the Xinfengtai Haibao 4S store and met Jiang Moumou, who had sold cars to Mr. Zhu with Li Rui. Jiang Moumou said that he was suspended by the company after the Li Rui incident, and he could not do new car sales work at present, "he was killed by Li Rui." Jiang Moumou said that Li Rui has a "aura" and a strong sales ability, so his authority is higher than his, but he is not a leader, but he really does not know what Li Rui is doing.
For this case, Zhao Liangshan, a well-known public interest lawyer, believes that if Li Rui forged the sales contract without the knowledge of the 4S store, fabricated facts, and tricked Mr. Zhu into remitting more than 194,000 yuan to his account, and refused to return it, it was Li Rui's personal behavior and was suspected of fraud. Zhao Liangshan said that if the 4S shop is informed, Li Rui's behavior is characterized as a job act on behalf of the 4S shop, according to article 170 of the Civil Code: "The personnel who perform the work tasks of the legal person or unincorporated organization shall take effect on the legal person or the unincorporated organization in the name of the legal person or unincorporated organization on matters within their authority." Restrictions imposed by legal persons or unincorporated organizations on the terms of reference of personnel performing their work tasks must not be opposed to bona fide counterparts. "Then the 4S store is obliged to compensate Mr. Zhu for his losses, and after compensation, the 4S store has the right to recover from Li Rui." Zhao Liangshan pointed out that whether the person in charge of the 4S store knew about Li Rui's behavior of collecting more than 194,000 yuan from Mr. Zhu still needed further investigation by the police to determine the responsibility of the 4S store based on the results of the police investigation.
Zhao Liangshan said that in this case, if the sales contract was forged by Li Rui, according to the provisions of the Civil Code, the forged contract was invalid, and Mr. Zhu and the 4S shop could return the car based on the invalid contract, Mr. Zhu returned the car, and the 4S shop refunded the car. However, from another point of view, Mr. Zhu paid the car to the 4S shop, and the 4S shop delivered the vehicle, even if the two parties did not sign any contract, it was deemed that the sale and purchase relationship between the two parties was established. Therefore, Mr. Zhu can reach an agreement with the 4S store to maintain the original transaction and not return it to each other. Zhao Liangshan reminded that when the owner buys a vehicle, he must polish his eyes, when signing the contract, he cannot trust the promise of the sales staff, read the terms of the contract carefully, and identify the authenticity of the contract; every payment must be paid to the public account of the 4S store, and do not pay it to the personal account, so as not to be deceived.