"Our jade rough live broadcast room opened the window on the spot, and the big brothers came to brush a wave of 6688!" The anchor of a live broadcast room first took a strong flashlight and leaned on the "jade rough" to take a look, and then said industry terms such as "fogging" and "cotton", while using a diamond knife to polish off a small part of the rock shell of the rough. The polished window was illuminated by a flashlight, and it was indeed a green and emerald color.
The anchor praised the customer who had just auctioned the rough and congratulated him on being able to sell it at five to eight times the current price in the future. Messages such as "envy" and "one more" swiped across the screen. In the atmosphere of gongs and drums and applause, the anchor quickly brought up a bigger rough stone......
The above scene was seen by the reporter of the rule of law network when he entered a live broadcast room with the words "jade rough", and this situation is staged every day in many related live broadcast rooms. At the same time, on multiple social platforms, many netizens complained or complained about the "gambling stone" trick in the live broadcast room.
The "booming business" in the live broadcast room of the gambling stone:
From "car-hopping" to "rollover"
The reporter found that such live broadcast rooms selling "jade rough stones" exist in large numbers on short video platforms and shopping platforms, and some gambling colors are obvious. Even, by entering the keyword "gambling stone in the live broadcast room" on multiple online platforms, you can search for multiple related fraud news reports and revealing videos, and many victims leave messages in a "warning" tone under them, telling their experiences of being deceived over and over again.
Ms. Wu was one such victim. She told a reporter from the rule of law network that she originally just wanted to buy a jade bracelet for a married friend, and she saw an advertisement for "xx jade" in the circle of friends. She added "customer service" to the advertisement, and the other party sent a link to the live broadcast room, saying that it was better to buy a rough stone in the live broadcast room than to buy a finished product. The "customer service" said that the anchor has been in the jadeite rough business for more than ten years, and has never missed a hand, if the good condition can be sent to friends, you can also make two more bracelets to sell, and promised that this business "will not lose money".
When the broadcast started in the evening, Ms. Wu entered the live broadcast room and found that although she could not see the number of people who were online at the same time, thousands of people had viewed the live broadcast in a single broadcast. Every time the anchor takes out a stone, he will initiate a "carpool", and about a dozen people participate in a carpool, and the participation amount is between 100 yuan/person and 300 yuan/person. After the success of the car, the stone was quickly cut, and someone immediately estimated it at the live broadcast site, and the "jade" after the cut was taken down to make a bracelet or pendant, and then bought by the so-called "buyer" who had already been contacted by the anchor, and the money from the sale was then distributed to everyone according to the amount of money paid when the car was merged, and they called this whole process "cutting up".
(Photo courtesy of Ms. Wu, the amount of "carpooling" in the picture on the left is getting higher and higher)
Ms. Wu also suspected during the period that the anchor rarely explained the rough stones that were taken, and every time she was in a hurry, the process from getting the goods to being acquired was very smooth. She asked the other party why he didn't cut the goods behind closed doors and cut them herself, why did he open a live broadcast room and sell them to others? The other party just prevaricated with reasons such as "there are too many goods on hand, and there are dozens of live broadcast rooms", "there are channels to get the goods, and the buyer can be contacted, but I just want to do an intermediate cut, and I am too lazy to toss".
The amount of "car-sharing" in the live broadcast room is getting higher and higher, and Ms. Wu is investing more and more money in it, and later she simply cut a piece of "rough stone" of more than 100,000 yuan by herself. Not long after the stone was cut, the live broadcast room disappeared, and the WeChat "customer service" never replied to her. Soon after, she received a package from the Yunnan border containing a pile of inferior bracelets and pendants. She followed the address on the package and found only one building that had nothing to do with the jadeite industry. After calling the police, the local police told Ms. Wu that because the other party finally sent the goods, it could only be regarded as an economic dispute and could not be determined as a fraud. "In the past 20 days, I have lost more than 200,000 yuan in my account," Ms. Wu said.
"There are many people in the live broadcast room working together,
Waiting for me to drill into it."
The reporter continued to observe in a number of related live broadcast rooms as a buyer and found that they basically have a similar sales model.
The general situation is that the anchor in the live broadcast room under the banner of "sending benefits", let the new audience pay 9.9 yuan postage, and you can get a "free" stone. After that, the anchor will use the method of "auction" or "lottery" to let the audience interact, and the so-called "lottery" refers to grabbing the "discount" price to buy the rough stone in the anchor's hand. The reporter participated in this kind of interaction in the live broadcast room of four or five jade rough stones, and almost all of them were drawn.
The atmosphere in the live broadcast room is extremely warm, and the active "audience" has logos such as "diamond powder" and "iron powder" hanging on their names, which will not only actively respond to the interaction of the anchor, but also help the anchor urge the "winner" to pay quickly, indicating that such "good luck" can be changed to himself at any time if he does not want it.
Zhou Guang (pseudonym) was in such a warm atmosphere that he gritted his teeth and bought two pieces of jadeite rough, spending nearly 40,000 yuan. After the things arrived, he sent the two rough stones to a jewelry appraisal agency, and only after the test results came out that he had been fooled, and later obtained half of the money back through a lawyer's rights. He sighed to a reporter from the rule of law network: "It's too dark here, looking back, there should have been many people in the live broadcast room at that time, waiting for me to drill in." ”
(The audience in the live broadcast room in the picture on the left is actively interacting with other audiences, and the picture on the right is courtesy of Zhou Guang)
In fact, CCTV Finance, The Paper and many other media have reported similar scams before, and the police in many places have also cracked many related fraud cases.
The reporter of the rule of law network combed and found that these illegal cases of gambling in the live broadcast room that were exposed were interlocking and advancing layer by layer, including making fake skin for stones, dyeing, sticking false windows with thin sheets, hollowing out the interior to improve light transmittance, digging holes and filling lead to increase weight, on-site package transfer, direct delivery of other items, and so on.
According to Wang Kai (pseudonym), a senior industry insider, when jade raw materials are mined, a layer of skin shell forms on the surface due to weathering. The jade wrapped in this shell does not look much different from ordinary stones from the outside, and the inside of the light can be faintly seen by a strong flashlight, but if you really want to know how the jade is colored, you still have to cut it to see clearly. This kind of elastic range that probably knows whether there is or is not sure of the quality of the jadeite, coupled with the huge price gap of jadeite of different colors, has given birth to the unique sales method of "gambling stone".
Wang Kai also revealed that before the rise of the live broadcast industry, the jade raw material trading markets in Yunnan, Guangdong and other places had many customers who went to gamble on stones with the mentality of "getting rich overnight" in the tourist season. There is a myth circulating in the circle that someone bought a stone at a stall for 2,000 and the price rose to a million after cutting it. Nowadays, the live broadcast room has shortened the distance between ordinary people and gambling stones, and due to the concealment and off-site nature of the network, the possibility of fraud is actually greater than that of traditional gambling stones.
Operators involved in fraudulent activities in the gambling stone live broadcast room
or more than one crime
"Gambling stones in the live broadcast room have become very popular in recent years. Although this type of behavior is not currently explicitly prohibited by law, there are many legal risks and potential criminal acts lurking behind it. Li Zhiguang, a member of the lawyer expert database of the "Rule of Law Daily" and a senior partner of Beijing Jingjing Law Firm, analyzed that the first is the risk of being defrauded. The reason why the traditional on-site gambling stones are not banned across the board is actually because the way of gambling stones are purchased first and then opened is highly uncertain and lucky (editor's note: it mainly refers to a form of contract in which the interests of one or both parties depend on an uncertain event, this kind of contract is usually called a lucky shooting contract), and the law usually applies the principle of self-willingness, that is, if the parties voluntarily gamble on profits at risk, they should bear the corresponding responsibility when the risk arises. However, gambling in the live broadcast room often involves false publicity and fraud. For example, some criminals use skinning, spray painting, lighting and other means to disguise low-quality jadeite rough as high-value rough and sell them to consumers at high prices; Or the rough stone purchased by the consumer in the live broadcast room is one, and the actual "open stone" is another piece that has been replaced. This behavior has been suspected of fraud.
The second is the risk of engaging in gambling behavior. If the operator of the gambling stone live broadcast room manipulates the quality of the original stone by false means, and induces consumers to invest in gambling stones with behaviors such as "false transfer" and "water army", his behavior is suspected of gambling and opening a casino.
Jiang Baoliang, a member of the lawyer expert database of "Rule of Law Daily" and director of Shandong Deheng Law Firm, believes that if the anchor knows that the rough stone cut in the live broadcast is a worthless stone, but makes fake skin and dyes the stone in advance, pretends to be a real rough stone in the live broadcast to confuse the judgment of the audience, and organizes a water army to set off the atmosphere or pretend to be other buyers to carpool, step by step to lure the victim to invest and defraud the victim's property, it is suspected of fraud. At the same time, it is a joint crime for others to deliberately cooperate with the anchor to set up an atmosphere or carpool with the victim, and should also be investigated for criminal responsibility. If the anchor gambles on stones through live broadcast, the value of fraud is more than 500,000 yuan, which is a particularly huge amount, and shall be sentenced to more than 10 years imprisonment or life imprisonment in accordance with the law, and a fine or confiscation of property.
Guo Yuzhong, chief mediator of the Mediation Committee of the Internet Society of China, suggested that: first, all communication records, transaction vouchers, physical objects and pictures, live videos and other evidence should be kept as much as possible in case of emergency; Second, when it is found that it has been deceived or damaged, in addition to the above-mentioned collection of evidence and evidence, it is necessary to consult a lawyer or the national 123315 platform in a timely manner, and the practice is well-founded; Thirdly, on the premise that the negotiation relationship with the merchant has not broken down, efforts should be made to maintain smooth communication channels, and if necessary, a third-party mediator can be entrusted to mediate and strive to reduce losses; Finally, in the event of a failure of communication with the merchant, a complete breakdown of the relationship between the two parties, or a loss of contact with the merchant, a civil lawsuit can be filed with the people's court or a complaint or report to the judicial administrative organ, and strive to recover the loss with the intervention of the judicial administrative organ. Under certain circumstances, you can go to the local police station for the record.
Guo Yuzhong also pointed out that it is difficult to protect rights in such situations, and some consumers may also be suspected of "illegal" behavior, so the risk of losing legal protection cannot be avoided. "While consumers try to recover their losses, they also need to turn their attention back to themselves and ask themselves: If I had to start over, how would I choose?"
"From an operational point of view, in the live broadcast room gambling stone transactions, consumers often require the jadeite rough to be cut and processed, which makes the goods belong to 'custom goods', and the seven-day no reason return right of the People's Republic of China Consumer Rights Protection Law does not apply to 'custom goods', which will indeed bring great difficulties to consumer rights protection." Lawyer Li Zhiguang said that consumers should remain highly vigilant when participating in such transactions, and platforms and regulatory authorities should also strengthen management to jointly safeguard market order and consumer rights and interests.
[Source: WeChat public account of the rule of law network]