Legal Evening News2017-07-1014:52:48
After setting up an advertising company, it was not enough to bring in younger brothers and sisters and other family members, and also recruited salesmen to defraud hundreds of people by posing as CCTV reporters to help the other side eliminate negative public opinion. It is reported that the defrauded persons in the case involved more than 100 counties in 21 provinces.
A reporter from the Legal Evening News (WeChat id: fzwb_52165216) learned in the morning that the Shijingshan District People's Court of Beijing Municipality sentenced 11 gang members in the first instance for extortion, of which the main offender, Gao Yunxia, was sentenced to 12 years in prison, while the lightest defendant was sentenced to one year in prison, suspended for one year.
Female bosses train employees to find negative news to pull "publicity fees"
Gao Yunxia, now a 38-year-old woman known as "Boss Gao," quit her job as a teacher and came to Beijing in 2005. In 2010, Gao Yunxia and Cao Wei jointly invested in Beijing to run Beijing Zhongshi Jiujiu Advertising Co., Ltd., and because the profits were barely enough to keep the company running, the two began to think about how to make more money.
Gao Yunxia and Cao Wei recruited a group of young and good language skills by promising high salaries. After the employees were hired, Gao Yunxia began to train the new employees, mainly through a manual speech list and a weekly training method, the training course is mainly aimed at how to deal with various situations on the phone, and successfully pulled the "publicity fee".
In order to facilitate the company to pull the "publicity fee" to a greater extent, some employees are specifically responsible for finding negative news in villages, counties and schools outside Beijing on the Internet, and specifically looking for negative news in some more remote areas. Another part of the staff through the telephone inquiry desk, duty room and other ways to find the phone of the relevant person in charge, dial the phone to pull the "publicity fee".
In this way, the gang's fraudulent "footprints" involved more than 100 counties in 21 provinces and as many as 115 units.
Prosecutors accuse the gang of defrauding 115 cases The court found 47 cases
The procuratorate alleged that between 2012 and August 2014, defendant Gao Yunxia, together with Cao Wei, gathered Li Fang and 9 other people to impersonate CCTV or CCTV staff in a room in a building in the second district of Yuquan Xili, Shijingshan District, Shijingshan District, and contacted some foreign government departments, enterprises, and public institutions that had negative news on the Internet by telephone, claiming that they had the ability to make positive reports on the above-mentioned units in the media and thus eliminate the impact, and in the name of collecting publicity and production fees. It has defrauded a number of units totaling more than 1.4 million yuan. Between 2009 and August 2014, the above-mentioned defendants used the above means to defraud a number of units of more than 1.6 million yuan.
After combing through the verdict fzwb_52165216, the reporter found that the prosecutor accused the gang of defrauding a total of 115 cases, while in the end the court only found 47 of them, and the remaining 68 cases were voluntary cooperation with the gang.
The court found that Gao Yunxia and Cao Wei participated in 47 extortion cases. The amount was 693,000 yuan; Li Fang participated in 15 extortion cases with an amount of 239,000 yuan; Wu Lifeng participated in 3 extortion cases with an amount of 100,000 yuan; Zhang Jinhe participated in 4 extortion cases with an amount of 75,000 yuan; Hu Chunxi participated in 4 extortion cases with an amount of 65,000 yuan; Fan Haiyan participated in 7 extortion cases with an amount of 43,000 yuan; Wang Xiaobo participated in 5 extortion cases with an amount of 38,000 yuan; Li Xiangjun participated in 3 extortion cases with an amount of 36,900 yuan; Qiu Pengwei participated in 4 extortion cases with an amount of 28,000 yuan; and Gao Qinglong participated in 2 extortion cases with an amount of 11,000 yuan.
Engaging in activities in the name of the CCTV network The gang has a clear division of labor
The court found that Gao Yunxia and Gao Qinglong were siblings, Li Xiangjun and Li Fang were siblings, and Cao Wei was Zhang Jinhe's brother-in-law. Gao Yunxia, Cao Wei and Qiu Pengwei have worked in the same company.
Gao Yunxia and Cao Wei jointly invested in the operation of Beijing Zhongshi Jiujiu Advertising Co., Ltd. (hereinafter referred to as Zhongshi Jiujiu Company). Qiu Pengwei is the legal representative of Beijing Mulin Shanshui International Media Co., Ltd. (hereinafter referred to as Mulin Shanshui Company). Gao Yunxia and Cao Wei jointly run Mulin Shanshui Company.
In September 2013, Cao Wei signed an agreement with CCTV Advertising Operation management center on behalf of Mulin Shanshui Company to obtain the 2014 advertising agency business qualification, but has not done self-operated advertising business since authorization. Li Fang and others are employees recruited by Gao Yunxia and Cao Wei, and the above-mentioned personnel are also engaged in activities in the name of China Television Nine-Nine Company and Mulin Shanshui Company in the name of propaganda on the CCTV network, signed cooperation agreements with some units and publicized on the CCTV network, and there are also acts of threatening to conduct in-depth interviews and reports without cooperation against units with negative news, forcing each other to cooperate or pay.
Gao Yunxia is responsible for the training of newly recruited employees in the external liaison business, the recording of accounts and the distribution of employee commissions; Cao Wei is responsible for the training of inquiry telephone employees, external negotiations, procurement of office supplies, and development of WeChat platform. The company's profits are divided equally between Gao Yunxia and Cao Wei.
Qiu Pengwei, Li Fang, etc. did not have guaranteed wages, and collected 50% of the business payment of their contacts. Zhang Jinhe and others recruit business from the outside world, with a guaranteed salary of 2,000 yuan or 3,000 yuan per month, and then receive a commission ranging from 3% to 10% of their business to the account. Wang Xiaobo inquired about the telephone numbers of the leaders of relevant units, offices, and publicity departments for the above-mentioned personnel who solicited business abroad, and earned a commission ranging from 3% to 10% of the guaranteed minimum salary and the amount received.
Fake journalists earn nearly 200,000 a year Employees collect money from the company
Qiu Pengwei confessed that the company's training was responsible for Gao Yunxia and Cao Wei. The training content is how to say when calling, let the other party take the initiative to send money. At the beginning, the company had a list of words, but it took a long time to dry it, and it was all memorized in the mind. "CCTV has a big impact and a large scale, and the county-level, township, enterprises and institutions outside Beijing do not know much about CCTV, so it is easy to make the other party believe and easy to become a single."
Zhang Jinhe, who had just turned 20, never continued his studies after graduating from high school because of family reasons. I came to Beijing with a few fellow villagers and began a life of "north drift". Since he only graduated from high school, Zhang Jinhe has never found a suitable job for himself. After a chance to submit his resume, Zhang Jinhe came to Gao Yunxia's company through an interview to work.
Although he was already vaguely aware that his behavior was illegal, Zhang Jinhe still carried out his "business" "step by step", earning nearly 200,000 yuan in just one year.
At the beginning, because the employees were not skilled in the business, there were not many recruiting units, but as the business became more and more skilled, everyone's performance increased, and even some people made money from the company themselves. The court found that in April 2014, Li Xiangjun threatened to interview the Laishui County Civil Affairs Bureau in Hebei Province, forcing Zhang to remit 6,900 yuan to him.
In court, Gao Yunxia said that the company did not receive the remittance, and the court finally determined that the 6900 yuan was personally threatened by Li Xiangjun with an interview report to force Zhang to pay.
Find a "stained" company to start with a fee of 30,000 to 60,000
Qiu Pengwei confessed that the company's operation process is to first check the negative impact materials of some local county-level, township, enterprise and public institutions, and educational units outside Beijing from the Internet forums such as Tianya and Phoenix, and then check the names of the responsible persons from the public websites of these units after checking the information, and then enter the company's database to check the telephone. If you can't find it, give the name unit to Wang Xiaobo and others, and they will call the duty room of the other unit by pretending to be the superior leader of the other party and make a phone call.
After that, the salesman called the person in charge of these units directly, saying that it was CCTV or CCTV, and he learned about some negative news about the local area. The next day, I called the other party again, and told the other party that I would give them positive publicity on the CCTV network, and the cost was generally 30,000 to 60,000 yuan.
"If the other party says or does not do it, it will have an impact on their unit, and CCTV will also go to the local area to understand the matter and track down the report." Agreeing to do so, the company will arrange for someone outreach to shoot. Qiu Pengwei said that since the second half of 2013, they have not gone to shoot at all, only to do text publicity, these words are the payment units themselves written manuscripts, and then sent to the company mailbox, the salesman then told these drafts to Cao Wei and Gao Yunxia.
Li Fang confessed that when she was looking for a job online in 2010, she saw the recruitment information and went to apply. Later, she also brought her brother Li Xiangjun here.
The gang was caught because the target of the extortion called the police.
The evidence presented by the procuratorate shows that after receiving an alarm from Zhang Mou of the Laishui County Civil Affairs Bureau in Hebei Province, the public security organs, after working, discovered that the defendant Gao Yunxia and others were suspected of committing major crimes, and then on August 18, 2014, they arrested the defendants Gao Yunxia, Qiu Pengwei, Li Fang, Hu Chunxi, Fan Haiyan, Wang Xiaobo, Wu Lifeng, Gao Qinglong, and Zhang Jinhe at the entrance of the Armed Police General Hospital on the same day; and on August 22, 2014, the defendant Li Xiangjun was arrested. (Legal Evening News WeChat public number: fzwb_52165216)
The principal offender was sentenced to 12 years in prison for extortion
After trial, the Shijingshan court held that Gao Yunxia, Cao Wei, together with Li Fang and others, impersonated journalists for the purpose of illegal possession, threatened to cover negative news by interviewing and reporting negative news, and forced the other party to sign an agreement and pay for publicity, and the above-mentioned defendants' acts have constituted the crime of extortion.
Gao Yunxia and Cao Wei played a major role in the process of joint crime, and were the principal offenders, and Li Fang and others both played a secondary role in the process of joint crime, and they were all accessories. Beijing Mulin Shanshui International Media Culture Co., Ltd. signed an agreement with the Advertising Operation and Management Center of CCTV in December 2013 to obtain the 2014 advertising agency business qualification, but the agreement is limited to the company's self-operated advertising business, and cannot be used as a journalist to conduct business externally, so the defendant Li Fang and others communicated with relevant units as CCTV or other media reporters in the years before and after obtaining the advertising agency qualification, which should be an act of fraudulent use of journalists.
In the end, the Shijingshan court rendered a first-instance judgment, sentencing Gao Yunxia and Cao Wei to 12 years' imprisonment, deprivation of political rights for three years, and a fine of 24,000 yuan for extortion; Li Fang to six years' imprisonment and Wu Lifeng to four years' imprisonment, and each fined him. The other defendants were also sentenced to prison terms ranging from three and a half years to one year.
This edition/ reporter Hong Xue