On October 15, the Red Star News reporter learned that the case of the 29 plaintiffs who have attracted much attention against the defendants Tong Mourong, Tenpay Payment Technology Co., Ltd., and Guangzhou NetEase Computer System Co., Ltd. has been sentenced by the Jiangyang District People's Court of Luzhou City, Sichuan Province in the first instance on October 12.
According to the judgment, the claims of 29 plaintiffs, including Li Mouxue and Wang Mouhong, were rejected.
▲Screenshot of the first-instance verdict
It is understood that the 29 plaintiffs claimed to have been defrauded of tens of millions of yuan by Tong Min, the daughter of Tong Mourong, who was the principal of a primary school in Luzhou, and many of the fraudulent funds were used to recharge online games. Tong Min was filed on suspicion of contract fraud before his death, and he committed suicide by jumping into the river in May 2021, and the case was withdrawn. Tong Mourong is Tong Min's father and the heir to his estate.
The 29 plaintiffs claimed to have been defrauded of more than 50 million yuan
More than 30 million yuan is used for game recharge
According to the first-instance judgment, the 29 plaintiffs sued Tong Min's father Tong Mourong, Guangzhou NetEase Computer System Co., Ltd., and Tenpay Payment System Co., Ltd. as co-defendants, and the final claims after the modification are: 1. Revoke Tong Min's act of temporarily paying 31931335 yuan to Guangzhou NetEase Company between August 8, 2017 and May 31, 2021, and return it to the defendant Tong Mourong by Guangzhou NetEase; 2. Revoke Tong Min's payment of about 2,200,000 yuan to Tenpay between August 8, 2017 and May 31, 2021, and return it to the defendant Tong Mourong jointly by Tenpay and Guangzhou NetEase; 3. The defendant Tong Mourong is liable for repayment to the plaintiff within the scope of the inherited Tong Min's estate, including the above-mentioned returns; 4. The three defendants bear the litigation costs of this case.
The "facts and reasons" put forward by the plaintiff are that the plaintiffs are all victims of Tong Min's fraudulent funds used to play kryptonite games. Tong Min deceived the plaintiff by falsely claiming that his employer was going to build a kindergarten, a training school or a logistics distribution company, and that there was an opportunity to invest in shares and needed funds, and deceived the plaintiff into handing over a huge amount of funds to him by requesting the signing of a confidential investment agreement. The plaintiff and other victims were defrauded of a total of more than 50 million yuan. On May 31, 2021, Tong Min committed suicide by jumping into the river, and the victim reported to the Jiangyang District Branch of the Luzhou Public Security Bureau after discovering that Tong Min was missing, and the bureau filed a case. After investigation by the Public Security Bureau, the plaintiff was informed that Tong Min had actually used all the fraudulent funds for the krypton game of "Datang Wushuang" without anyone's consent. Among them, it has been verified that the amount used to recharge the "Datang Warriors" game exceeds 30 million yuan.
In addition, the public security organ informed the plaintiff that Tong Min paid the aforesaid game recharge money, mainly through Dong Moufeng, Li Mouyue, Ye Moudi's three game recharge agents and the defendant Tenpay, and the money was paid to the defendant Guangzhou NetEase Company after entering the three game recharge agents of Dong Moufeng, Li Mouyue, and Ye Moudi and Tenpay, and Guangzhou NetEase Company instructed Hangzhou NetEase Leihuo Technology Co., Ltd. to recognize that it had received 30 million yuan. Some of the money received by Tenpay was paid directly to the defendant, Guangzhou NetEase. The plaintiff argued that there was a de facto gift contract relationship between Tong Min and Guangzhou NetEase, that there was a possible gift relationship between Tong Min and Tenpay, and that Tong Min's act of paying money to the defendant was not entitled to dispose of it.
The plaintiff believes that the more than 30 million yuan recharged by Tong Min playing krypton gold games is basically the proceeds of fraud and stolen money, and should be recovered or ordered to be returned. The plaintiff argued that Tong Min's payment of more than 30 million yuan to the defendant Guangzhou NetEase Company for the reason of a large amount of krypton gold games was essentially a conditional gratuitous gift. Tong Min's act of disposing of the money obtained from the plaintiff and other creditors without compensation was detrimental to the realization of the claims of the plaintiff and other creditors, and should be revoked in accordance with Article 74 of the Contract Law at that time and Article 538 of the current Civil Code.
The first-instance judgment discloses the transfer record
Tong Min's mother was also defrauded of 1.5 million yuan
The facts ascertained by the Jiangyang District People's Court of Luzhou City after trial show that the defendant Tong Mourong is the father of the deceased Tong Min (female, born in November 1977), the third person Li Mouhua is Tong Min's husband, the plaintiff Dai Mouyu is Tong Min's mother, and the remaining 28 plaintiffs are mainly Tong Min's relatives and friends, and Tong Min once worked at Tianli School in Hejiang County. From 2017 to 2021, Tong Min and the plaintiff and others signed contracts such as the Cooperation Agreement, the Partnership Shareholding Agreement, the Supplementary Agreement for Executives of Shenzhou Tianli Education Group, and the Investment Share Holding Agreement, stipulating that the plaintiff and others would invest in the relevant projects and dividends.
On June 4, 2021, plaintiff Yin Mouxiu and others reported to the Jiangyang District Branch of the Luzhou Municipal Public Security Bureau that Tong Min was suspected of fraud, and the Jiangyang District Branch of the Luzhou Municipal Public Security Bureau filed a case for investigation on June 7, 2021 against Tong Min on suspicion of fraud. On June 8, 2021, Tong Min's body was found in the waters of the Yangtze River at Songshui Wharf in Yongchuan District, Chongqing. In the subsequent litigation process, Tong Min's father, husband, mother and children all submitted written applications to the court, expressing their renunciation of inheriting Tong Min's estate; Later, Tong Mourong repented of giving up the inheritance right of Tong Min's estate, proposed to revoke the declaration of renunciation of inheritance, and approved the plaintiffs' claims during the trial.
The first-instance judgment confirmed the facts and amounts of Tong Min's loans to 29 plaintiffs, of which Tong Min's mother transferred 250,000 yuan to Tong Min on May 18, 2018, 72,000 yuan and 48,000 yuan to Tong Min on October 10, 2018, 300,000 yuan to Tong Min on November 29, 2018, 480,000 yuan to Tong Min on February 13, 2019, and 150,000 yuan to Tong Min on May 24, 2019. On August 22, 2019, Tong Min transferred 100,000 yuan to Tong Min and on 8 September 2019, Tong Min defrauded his mother of a total of 1.5 million yuan.
After the case, the Jiangyang District Branch of the Luzhou Municipal Public Security Bureau commissioned an accounting firm to conduct a special audit of Tong Min's suspected fraud case, and the audit report showed that between August 14, 2015 and May 25, 2021, Tong Min transferred 28675722 yuan to the game agent Dong Moufeng, Li Mouyue, and Ye Moudi, and Dong Moufeng, Li Mouyue, and Ye Moudi transferred 2898350 yuan to Tong Min, and after offsetting, Tong Min transferred a total of 25777372 yuan to Dong Moufeng, Li Mouyue, and Ye Moudi. It has been fully used for the recharge of the "Datang Warriors" game. Tong Min also transferred a total of 2132397 yuan to her husband Li Mouhua.
The audit report also counted the bank account flow of Tong Min provided by the Jiangyang District Branch of the Luzhou Municipal Public Security Bureau: between June 17, 2015 and May 21, 2021, Tong Min's bank account raised a total of 50941520 yuan, returned a total of 20133969 yuan to investors, and lost 30807551 yuan a total of investors. The audit report listed the specific circumstances of the investment amount of 25 people, including plaintiffs Li Mouxue and Wang Mouhong, but the losses of Tong Min's mother and other victims were not counted.
The Jiangyang District People's Court held that in this case, Tong Min, as an adult, recharged to the platform of Guangzhou NetEase Company and consumed items related to the "Datang Warriors" game under the platform, and constituted a network service contract relationship with Guangzhou NetEase. Tong Min made the payment and recharge according to the procedures determined by the platform of Guangzhou NetEase, and the service was consumed as an online service, not a gratuitous gift as claimed by the plaintiff. The evidence in the case could not prove that Tong Min's payment to Guangzhou NetEase Company was a voidable circumstance under the law, such as the debtor's waiver of his creditor's rights, the transfer of property free of charge, and the transfer of property at an obviously unreasonably low price, so the plaintiff's argument for exercising the creditor's right of revocation and demanding return was not established, and this court did not support it.
Due to the death of the criminal suspect Tong Min, the criminal case of suspected fraud by the investigating authorities has been withdrawn in accordance with the law. In this case, the plaintiff filed a creditor's avoidance lawsuit, which was a civil dispute case. The plaintiff's claim that the money received by Tong Min was stolen money obtained by fraud and should be recovered or ordered to be returned, and this claim involves the determination and handling of criminal offenses and is not within the scope of this case.
Tenpay provided Tong Min with WeChat payment services, which is a monetary fund transfer service, and it was not the counterparty to the online game service transaction involved in the case, and did not receive and possess the transaction funds paid by Tong Min, so the plaintiff's claim to Tenpay to revoke Tong Min's transfer and return it has no factual and legal basis, and this court does not support it.
With regard to the plaintiff's claim that Tong Mourong bears the repayment liability to the plaintiff within the scope of inheriting Tong Min's estate (including the money returned by Guangzhou NetEase Company and Tenpay Company in this case), because the plaintiff's claim is a dispute over the repayment of debts of the decedent, and it does not belong to the same legal relationship as the dispute over the creditor's right of revocation claimed by the plaintiff in this case, and Tong Mourong did not receive the money returned by Guangzhou NetEase Company and Tenpay Company in this case, the scope of Tong Min's estate is not clear, and it is not appropriate to combine the two legal relationships for trial. Therefore, this part of the plaintiff's rights can be asserted separately.
After discussion and decision by the adjudication committee of the Jiangyang District People's Court, in accordance with articles 199, 538, 539, and 541 of the Civil Code, article 67, paragraph 1 and article 147 of the Civil Procedure Law, article <中华人民共和国民法典>1, paragraph 3 of the "Several Provisions of the Supreme People's Court on the Application of Time and Effect", and "The Supreme People's Court on Application<中华人民共和国民事诉讼法>". Article 90 of the Interpretation stipulates that the judgment is as follows: 1. The litigation claims of 29 people, including plaintiffs Li Mouxue and Wang Mouhong, are rejected; 2. The litigation claims of the third party Li Mouhua are rejected. The case acceptance fee is 219357 yuan, of which 29 plaintiffs, including plaintiffs Li Mouxue and Wang Mouhong, bear 212457 yuan, and the third person, Li Mouhua, bears 6,900 yuan.
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