As soon as the "Taobao refund only" rule came out, some people were happy and some were worried, of course, it was the merchants who complained about it, but it was those criminals who "plotted against it" and took the opportunity to "pick up wool".
Mr. Guan, who opened a Taobao store, encountered a "wool party" with no bottom line.
The course of the case
Mr. Guan, who opened a store on Taobao, encountered a bad thing a few days after Taobao first introduced the "refund only" rule.
According to Mr. Guan's recollection, a customer contacted Mr. Guan at the store that day, when she consulted Mr. Guan about the specific situation of the product, and the other party behaved no different from the usual customer, from the beginning of the consultation to the whole process of placing an order, everything fell into place, and no abnormalities were found.
However, in this process, the other party used one account to communicate with Mr. Guan about the details of the purchase and delivery of the goods, but used another account to place the order.
The other party also emphasized that he bought it together with four people, and they each picked up the goods separately, so when the order was placed, the other party directly placed an order, but asked Mr. Guan to divide it into four logistics orders to facilitate the four of them to pick up the goods separately.
This situation is also normal, and many merchants will also encounter this situation, so Mr. Guan did not have any suspicions, and the other party finally auctioned four products, with an amount of 1,800 yuan.
According to this operation, Mr. Guan can only take one of the express orders to operate the delivery when the store operates the delivery.
But what caught Mr. Guan off guard was that when the courier arrived, the other party directly refused to accept it and applied for a refund only.
So at this point, although Mr. Guan is displeased, but there is no way, it is common for the express to change the customer who does not want to change in the middle of the way, since it refuses, then presumably all the goods will be returned in full.
But when Mr. Guan received the return, he was dumbfounded, and the other party only returned one item.
At the same time, the platform system has successfully refunded the full amount of the four goods to the customer.
In other words, the other party didn't spend a penny and got Mr. Guan's 3 goods, and then Mr. Guan realized that he had been deceived, and the other party took advantage of this "refund only" rule to come out with empty gloves white wolf.
Mr. Guan was angry and appealed to the platform, explaining that the customer was a liar, but the appeal did not pass, and there was no way, Mr. Guan contacted the express delivery site where the other party received the goods to understand the customer's pick-up situation.
Soon the express station found the surveillance video of the customer picking up the goods, and the other party turned out to be a woman who was wearing a mask during the whole delivery.
According to the staff of the express station, at that time, the guest came to pick up the goods, and picked up thousands of goods at a time, and the goods stacked outside the door were all hers, and she called a cargo puller to pick up the goods.
Mr. Kwan was shocked, and he said, "What kind of shopping is this? You are obviously here to buy goods!"
It can be imagined how rampant this woman is, if everyone is like her malicious refund and take the opportunity to pick up the goods, then the market must not be chaotic, this is blatant stealing!
Judging by this situation, she has used this method to illegally obtain a lot of goods.
Look at the door, the woman quickly moved the goods, these goods were deceived like a trick to deceive Mr. Guan, seeing that she was in love with moving, she didn't know that she was already suspected of committing a crime, and she really regarded these things as her own.
Because the amount of money is relatively large, and at the same time, he does not want this kind of person to go unpunished and continue to harm others, so Mr. Guan chose to report to the police.
According to the clues provided by Mr. Guan now, as well as the surveillance video of the express station, the woman basically can't run.
Legal Analysis:
It is clear that the woman's conduct has constituted the crime of fraud, and the crime of fraud is a "consequential crime", and there are two basic elements for constituting this crime, and as long as one of them is satisfied, the crime of fraud is constituted.
First, if the fraud has been committed multiple times, generally speaking, it means that more than three times are multiple times.
Second, the amount of fraud reaches a "large amount", generally between 2,000 yuan and 3,000 yuan.
Definition of the crime of fraud:
This crime refers to the use of deceptive methods for the purpose of illegal possession to obtain a relatively large amount of public or private property by fraud.
The form of responsibility is intentional, that is, the perpetrator subjectively deliberately and illegally defrauded their property, and specifically carried out the fraud, causing the victim to lose property to the amount that constitutes this crime.
Returning to this incident, this woman has fully met the standard for filing a case for this crime regardless of the number of times she defrauded and the amount of fraud, and the value of Mr. Guan's goods alone has reached 1,800 yuan, not to mention that she defrauded thousands of goods from other merchants, even if one is worth 100 yuan, the amount has reached as much as 100,000 yuan.
How to sentenc:
First, defrauding public or private property with a value of 3,000 to 10,000 yuan or more is "a relatively large amount, and a sentence of up to three years in prison, short-term detention or controlled release, and/or a fine."
Second, defrauding public or private property with a value of 30,000 to 100,000 yuan or more is a "huge amount" and is to be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and a concurrent fine.
Third, defrauding public or private property with a value of 500,000 yuan or more is "an especially huge amount", and a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property
Then the amount of money defrauded by this woman is likely to be in the sentencing standard of "huge amount", and she will face a prison sentence of not less than three years but not more than ten years.
People with unclean hands and feet should be restrained, don't think how smart you are, since you have this evil thought, you have already put one of your legs in prison, now there is surveillance everywhere, the technology to solve cases is developed, all crimes are difficult to hide, it is better to seek wealth or clean self-love.
lest you face prison time if you don't earn any money.
Of course, as an aside, about the introduction of the "refund only" rule on the major e-commerce platforms, it is really a matter of opinion, the wise see the wise, this is the product of the competition between the market economy, it is a "double-edged sword", if there is no corresponding rules and regulations as a supporting constraint, whether it is a business, or a consumer, will suffer from it.
What do you think?
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