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In order to be the "big brother on the list", he embezzled more than 710 yuan! Can the "public funds" of rewarding anchors be recovered?

author:Guangxi Film and Television Channel

"Thank you for the 'carnival' of the big brother on the list, I will sing a ...... song to the big brother" One day in March 2023, in a live webcast room, the atmosphere was warm, and the anchor shouted excitedly. Qu Lei (pseudonym), who was outside the screen of his mobile phone, smiled proudly, waved his hand again, and gave a gift to reward the anchor.

  Watching live broadcasts and giving gifts is Qu Lei's indispensable "relaxation project" every night, and he has become a "big brother on the list" by rewarding, and the feeling of being sought after by thousands of people and worshiped by thousands of people makes Qu Lei unable to extricate himself.

  Qu Lei, 30, is a business manager of a financial company in Altay City, Xinjiang Uygur Autonomous Region, with an annual salary of about 150,000 yuan. But for him, this income is far from enough to support his "hobby". In just one year, he not only squandered more than 1 million yuan in savings, but also stretched out his evil hand to the "big treasury".

1 Where did the "Great Treasury" come from?

  Qu Lei has worked in this financial company for more than 7 years, and was also promoted to business manager.

  "He's quite introverted, doesn't talk much, and works very seriously." A colleague gives such an assessment. But what everyone doesn't know is that Qu Lei, who has few honest words in their mouths, has another face.

  Qu Lei is mainly responsible for handling the loan business, holding the authority to approve loans, and a sum of real money has become a "fat meat" sent to his mouth.

  "Young man, do you think you can hurry up? The family is anxious to wait for this money to purchase agricultural materials! "At the beginning of last year, Aunt Wang asked Qu Lei to apply for a loan, because she was in a hurry, Qu Lei said that she could find a way to shorten the material review period." I have the authority to adjust the loan amount to 300,000 yuan, the more you borrow, the faster the loan can be, you can get the 100,000 yuan immediately, and I want to smooth out the remaining 200,000 yuan, you don't have to care. Aunt Wang, who was not familiar with the loan business, thought that this method was feasible, so under the guidance of Qu Lei, she completed the application for a loan of 300,000 yuan.

  After the application was submitted, Qu Lei immediately approved it and successfully handled the loan business. 100,000 yuan was happily withdrawn by the customer, and the remaining 200,000 yuan was unceremoniously put into his pocket.

  Since the beginning of 2022, he has approved a large number of loans for his own use by illegally using other people's identity information and increasing the loan amount, and has an inexhaustible "big treasury".

  Of course, Qu Lei is also selective about his target customers, generally speaking, the people who are in a hurry to apply for loans and have a low level of education are the first targets. Every once in a while, he would unknowingly embezzle a sum of public funds, ranging from tens of thousands of yuan to hundreds of thousands of yuan. In just one year, Qu Lei took advantage of his position to embezzle more than 7.1 million yuan in assets.

Where did the more than 28 million yuan of assets go?

  In fact, Qu Lei's daily life is monotonous and boring, except for work, most of the time is at home, rarely going out to socialize, and the food and clothing are very ordinary. So, where did his lucrative salary, surplus savings, and staggering "extra money" go?

  The answer is in the "Quartet" in Qu Lei's mobile phone.

  At first, on the social platform, an ordinary talented male anchor attracted Qu Lei's attention, and his humorous style and moving singing voice made Qu Lei stay longer and longer in his live broadcast room.

  "Big brother, I haven't seen you for a day, little brother I miss it very much, the live broadcast room is shining because of your arrival!" Entering the familiar live broadcast room, listening to the anchor's compliments, Qu Lei seemed to have entered another world, he skillfully clicked on the gift column, and casually gave a live broadcast gift worth 2,000 yuan - "airship".

  This move successfully pushed the atmosphere of the live broadcast room to the top, and everyone was speculating about who the "big brother" was. Qu Lei looked at everyone's envy and praise for himself, and the vanity in his heart was greatly satisfied.

  Later, Qu Lei fixed his eyes on the live broadcast room of 5 anchors, most of them are "talent" and "chat" anchors, and he rewards these anchors with as little as 20,000 yuan and as much as 50,000 yuan or 60,000 yuan every day. Since the beginning of 2022, within a year, Qu Lei has used almost all of his income, deposits, and "gray income" to reward anchors, with a total of more than 8 million yuan.

  What is puzzling is that Qu Lei is not interested in singing and dancing and other literary performances, and has never asked these anchors to meet "offline", and even rarely has private chats. So, what is the reason for his mysterious operation?

3 Why do you get carried away?

  Qu Lei, who has a withdrawn personality, has never had any close friends, and has almost no social circle, plus he has an ordinary appearance, he has no love or idea of getting married.

  A few years ago, a relative suddenly had an accident, which made Qu Lei even more reticent. Since then, he has put all his spiritual sustenance in the "madness" of the live broadcast room. Every time he clicks on the recharge page of the short video platform, he feels that the money spent is just a string of numbers, and the hole has been dug bigger and bigger.

  There is no impermeable wall in the world, not to mention that Qu Lei's encroachment is not clever.

  "I took out a loan of 100,000 yuan, why do I have to repay 300,000 yuan now? There aren't so many loan sharks, right? Not long after, Aunt Wang questioned Qu Lei. There are more and more people who have been taken advantage of and more and more loans that cannot be repaid, and many victims who have handled loan business with Qu Lei have gradually discovered abnormalities. Either the repayment amount exceeds the actual loan amount by several times, or the repayment notice is received without any loan at all. When everyone found Qu Lei to discuss the explanation, he had to prevaricate with excuses such as back-office failures and policy adjustments.

  After repeated inquiries to no avail, the customers had no choice but to find the person in charge of the financial company to report the situation. After the financial company checked the capital situation, it found that the "gap" was huge, and the person in charge hurriedly called the police. In mid-April 2023, the Economic Crime Investigation Brigade of the Altay City Public Security Bureau set up a special team to investigate.

  At this time, Qu Lei knew that he couldn't hide it, and after a night of tossing and turning, he took the initiative to come to the public security organ.

4 Legal consequences of embezzlement

  "Comrade policeman, I turned myself in!" Qu Lei stepped into the gate of the Altay City Public Security Bureau, and at this moment, he was relaxed.

  "When we took on this case, it felt like it was going to be an uphill battle." The police handling the case said that the suspect must be a "high-IQ criminal" for an economic crime that embezzled an amount of more than 7.1 million yuan, and it is very likely that the case will be solved.

  Facing the questioning of the police, Qu Lei's calm appearance hid deep remorse: "I know in my heart, I probably spent millions, but I was stunned, and I don't know why, I can't control myself." ”

  With Qu Lei's cooperation, the case came to light. Qu Lei took advantage of his position to increase the amount of customer loans and approve the illegal use of accounts in violation of regulations, and the illegal behavior of embezzling enterprise funds is true. On April 18 this year, the case was transferred to the procuratorate for review and prosecution in accordance with the law.

  According to the provisions of Article 271 of the Criminal Law of the People's Republic of China, a staff member of a company, enterprise or other unit who takes advantage of his position to illegally take possession of the property of his or her own unit, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge, the sentence is 10 or more years imprisonment or indefinite imprisonment and a concurrent fine.

5 Can the "public funds" of the tip be recovered?

  After the truth of the case is revealed, the top priority is to recover the funds involved in the case that Qu Lei rewarded. There is no clear definition in law as to whether the reward funds belong to the category that should be returned, and after the police handling the case went through a large number of materials, they determined that Qu Lei's recharge money on the live broadcast platform belonged to the scope of recovery on the basis that the money belonged to the funds involved in the case.

  The task force conducted an in-depth study and judgment on the flow of funds involved in the case. "The police are looking for anchors who have been rewarded by Qu Lei all over the country, communicating with them, popularizing the law, and guiding them to return the funds involved in the case." Liu Xing, deputy director of the Altay City Public Security Bureau, said that after nearly a year, the task force traveled to Beijing, Sichuan, Heilongjiang, Liaoning, Jilin and other places to carry out investigation and evidence collection, and finally recovered more than 2.2 million yuan of Qu Lei's reward to the anchor.

  "I really didn't expect that some of this money could be recovered, thank you very much!" On April 16, the person in charge of the financial enterprise received the funds involved in the case returned by the police and sent a pennant to thank him.

  According to the relevant laws and regulations, in a criminal case, where state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution. Therefore, the victim financial enterprise can subsequently recover its economic losses through the legal means of civil compensation attached to criminal cases.

Source: Popular Science China

Editor: Huang Ting

Duty Director: Yuan Yuzi

In order to be the "big brother on the list", he embezzled more than 710 yuan! Can the "public funds" of rewarding anchors be recovered?

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In order to be the "big brother on the list", he embezzled more than 710 yuan! Can the "public funds" of rewarding anchors be recovered?