Taking advantage of the platform's audit loopholes, falsely placing and receiving orders, and "running empty" to defraud the platform to pay the fare, constitutes the crime of fraud.
Taking advantage of the platform's audit loopholes, only falsely placing and receiving orders online, without actually carrying passengers, and defrauding the platform to advance passenger fares, constitutes the crime of fraud.
In January 2020, after Yang saw the content of "There are loopholes in the Didi platform to make money, and you can make money by running a map with a driver's license" on the WeChat group of "A Ming luxury car group", he docked with the group member "A certain Ming". "Mou Ming" asked Yang to register a Didi driver account, and he was responsible for finding a foreigner's credit card and using the card to take a taxi on the Didi platform. Under the guidance of "Mouming", Yang successfully registered a Didi driver account and sent the registered account and password to "Mouming". On February 1 and 2, 2020, "Mou Ming" operated Yang's Didi driver account to take orders on the Didi platform, but did not actually carry passengers. Subsequently, Yang withdrew all the taxi fare of 8,379.36 yuan he received from the Didi platform, and transferred 4,200 yuan to the Alipay account of Luo, an outsider to the case, according to the requirements of "Mouming", and the remaining money was obtained by Yang. After the case, Yang returned 8,379.36 yuan to Didi Company and obtained understanding.
After trial, the Dapu County People's Court held that the defendant Yang, for the purpose of illegal possession, fabricated false orders and defrauded Didi Company of its property, which amounted to a relatively large amount, and constituted the crime of fraud. In view of the fact that Yang X voluntarily surrendered, voluntarily pleaded guilty and accepted punishment, actively compensated the victim's losses and obtained forgiveness, the defendant Yang X was given a lighter punishment in accordance with law, and the defendant Yang X was sentenced to seven months imprisonment, suspended for one year and four months, and fined 5,000 yuan for the crime of fraud. After the verdict was announced, defendant Yang expressed his acceptance of the verdict.
In recent years, various "wool" groups have risen on the Internet, and many consumers are vying to become a member of the "wool party". However, "wool picking" should abide by the rules, and those who exceed the rules and obtain illegal gains must bear the corresponding legal responsibility. In this case, the criminals took advantage of the loophole in the advance payment mechanism of the Didi platform to defraud the "white wolf with empty gloves" by fictitious orders and not actually carrying passengers, which was illegal and deceptive, and seriously disrupted the market order. The handling of this case in accordance with the law warns the general public that even if there are loopholes in the rules of the merchant platform, it does not mean that it can be illegally used, and it is necessary to abide by the principle of good faith, legally obtain the preferential benefits of the merchant, and do not covet small profits and touch the red line of the law.
Comprehensively "law, reason, and emotion" to try the criminal case of "wool picking".
"Wool picking" has become a well-known activity for the majority of consumers. However, with the diversification of the ways of "wool picking", some people have violated the law in order to obtain benefits far beyond the legal "wool", lowering the moral bottom line and code of conduct. The relevant provisions of the Criminal Law of the People's Republic of China should be applied to new types of criminal conduct such as online "wool hunting", and when determining the standards of legality and illegality, crime and non-crime, legal principles and reasonableness should also be comprehensively considered, and the criminal policy of combining leniency and severity should be adhered to.
The key to judging whether the online "wool picking" behavior is legal lies in whether the consumer fabricates facts and conceals real information for trading. However, if it is for the purpose of illegal possession, the use of false information or malicious exploitation of merchants' negligence, platform loopholes, etc. to conduct false transactions, it is illegal to "gather wool"; Whether a crime is constituted should generally be comprehensively analyzed on the basis of factors such as the perpetrator's subjective malice, means of conduct, and harmful consequences, and then sentencing is to be made on the basis of the facts of the crime and the sentencing circumstances of the individual case.
In this case, judging from the series of acts carried out by the defendant, it was subjectively for the purpose of illegally taking possession of other people's property, and objectively carried out the act of maliciously taking advantage of the loopholes in the advance payment mechanism of the Didi platform to make illegal profits, and caused the legal consequences of a relatively large amount of Didi's property losses, so it should be found to be a crime and punished. It can be seen that even if the perpetrator does not use any malicious technical means such as scripts and plug-ins, but only uses the rules of the platform to "gather wool", if it is illegally "wool picking", there is a possibility of being suspected of financial embezzlement. In the course of the trial of this case, although the defendant had already made all the criminal proceeds back and obtained the victim's forgiveness, considering the fact that more and more "Mou Ming" took advantage of the fact that the public simply believed that "wool picking" was understandable to commit illegal crimes, after synthesizing "law, reason, and emotion", the defendant was finally given a suspended sentence. The result of this treatment not only achieves the legal effect of punishing such acts, but also achieves the social effect of warning the general public; At the same time, it warns that e-commerce platforms should also strengthen internal risk prevention and control, and pay attention to the review of key links, so as to promote the healthy and orderly development of the platform economy.