The victim claimed that she "did not receive a penny" and sued her father in court

National Business Daily

2024-04-24 17:07Published on the official account of Sichuan Daily Economic News

On April 23, the reporter learned from the victims of the fraud case of Tong Min, the former principal of the primary school section of Luzhou Hejiang Tianli School, that the 29 victims of the case took Tong Min's father, Tenpay Payment Technology Co., Ltd. and Guangzhou NetEase Computer System Co., Ltd. to court for contract disputes.

It is reported that Hejiang Tianli School is a Hong Kong-listed company Tianli International Holdings (formerly known as Tianli Education, stock code: 01773.HK). HK).

According to the summons for the trial, the Jiangyang District People's Court of Luzhou City held a trial of the case at 9:30 a.m. on the 23rd in the 10th Trial Court.

▲ Summons for court hearing. Photo courtesy of the interviewee

Defrauded more than 50 million yuan of students' parents

He once spent 30 million yuan to recharge online games

According to public media reports, Tong Min has won many awards in national, provincial, municipal and other high-quality course competitions. From 2017 to 2020, Tong Min, with his identity as the principal of the primary school section of Hejiang Tianli School, claimed that he could invest in Tianli Kindergarten, Tianli Training School or Tianli Logistics Distribution Company, and used high returns as bait to defraud students' parents, relatives and friends of more than 5,000 yuan.

Tong Min first started with his relatives and friends, and then gradually infiltrated his friends, and even students' parents, chauffeurs, etc., using so-called investment cooperation to fabricate projects and encourage investors to sign contracts.

It wasn't until May 31, 2021 that these investors couldn't contact Tong Min before they realized they had been deceived and called the police. On June 7 of the same year, the Jiangyang District Branch of the Luzhou Municipal Public Security Bureau filed a case for investigation of Tong Min on suspicion of contract fraud, and the bureau believed that a crime had occurred. At this time, Tong Min had come to the end of her life, and she committed suicide in early June of that year, ending her life.

After that, the public security organs investigated and found that the money that Tong Min defrauded from others did not enter the project of Tianli School at all, and spent 30 million yuan to recharge online games. According to the Securities Times, Tong Min is obsessed with online games and has recharged about 30 million yuan to the NetEase game platform in 7 years to play a role-playing online game called "Datang Wushuang".

The victim lost the case in the first instance, and the second trial has begun

Lawyer: There are no refunds for gaming platforms

According to Red Star News, after Tong Min committed suicide and died, 29 victims including Li Moumou sued Tong Min's father, Tenpay and NetEase to court, and the court of first instance ruled against the plaintiff in 2022.

On September 4, 2023, the Luzhou Intermediate People's Court ruled to revoke the civil ruling of the Jiangyang District People's Court of Luzhou City (2022) Chuan 0502 Min Chu No. 5928, and ordered the Jiangyang District People's Court of Luzhou City to hear the case.

The victim, Ms. Deng, told reporters that the 29 victims had not received a penny since the incident, and said that if the verdict was not satisfactory, she would continue to appeal.

He Changming, the litigation lawyer co-entrusted by the plaintiff, told reporters that he had full confidence in the facts and law of the case. The case has not been decided in court, and the verdict will be announced at a later date.

In Tong Min's case, a large amount of funds were used for game consumption, so can the recharge money entered into the online game platform be recovered?

According to the Securities Times, Xianyuanke, a lawyer at Sichuan JunHe Law Firm, said that Article 10 of the "Several Provisions of the Supreme People's Court on the Enforcement of the Property Portion of Criminal Judgments" stipulates that the people's court shall recover the stolen money and goods and their proceeds. However, whether the recharge money of the game platform can be recovered is a controversial and thorny issue in legal theory and practice, which involves the conflict between the recovery of stolen money and the legal interests obtained in good faith.

Several Provisions of the Supreme People's Court on the Enforcement of the Property-Related Portions of Criminal Judgments Article 11 The relevant provisions on the recovery of stolen money and goods and the protection of the legal interests of bona fide third parties and relevant cases in practice can provide us with reference: for the recharge money of the game platform, some courts believe that it is not realistic to require the game platform or the merchant to know in advance whether the player is trading with the stolen money, and the game platform is a bona fide third party, and it obtains the player's game recharge money and pays the corresponding consideration and provides relevant services, which is a normal transaction behavior in the market economy, and in order to encourage transactions, avoid uneasy factors, and protect the legitimate rights and interests of bona fide third parties, there is no need to recover the game recharge money。

Editor|Duan Lian Du Hengfeng

Proofreading|Lu Xiangyong

The daily economic news is synthesized from Red Star News, Securities Times, public information, etc

National Business Daily

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