标签： 西安夜生活论坛

Tencent was deceived, why didn’t the court recognize that the ＂Laoganma＂ contract was fake？

　　Zhou Qi, reporter of China Economic Weekly

　　Tencent sued Laoganma incident again waves.

　　On July 1, the Shuanglong Branch of the Guiyang Public Security Bureau issued a notice saying that after preliminary investigation, three suspects had pretended to be Laoganma staff to sign a cooperation agreement with Tencent in order to obtain the online game gift package code presented by Tencent in the promotion activities. The suspected crime has been criminally detained.

　　Previously, in the case of Tencent v. Laoganma Service Contract Dispute, the People’s Court of Nanshan District, Shenzhen, Guangdong ruled to seize and freeze Laoganma’s 16.24 million yuan property, which triggered heated discussions among netizens.

　　Now, the announcement of the Guizhou police confirmed that Tencent was indeed "deceived". What should be done with the ruling of the Nanshan District Court? Why did the Nanshan District Court fail to identify that the contract was forged? Has Tencent really never lost a lawsuit in the Nanshan District Court?

　　If the case is a criminal case, the court shall refer it to the public security organ

　　The documents of China Judgment Document Network show that the plaintiff Tencent filed a property preservation application with the Shenzhen Nanshan District Court, requesting the seizure and freezing of the defendants Guiyang Nanming Laoganma Flavor Food Sales Co., Ltd. and Guiyang Nanming Laoganma Flavor Food Co., Ltd. with a value of RMB 16.24 million yuan., Xinjiang Qianhai United Property Insurance Co., Ltd. Shenzhen Branch and PICC Property Insurance Shenzhen Branch provided credit guarantee for the property insurance in this case.

　　The People’s Court of Nanshan District, Shenzhen, Guangdong held that the plaintiff’s application complied with the law, and ruled to seal up and freeze the bank deposits worth 16.24 million yuan under the names of the defendants Guiyang Nanming Laoganma Flavor Food Sales Co., Ltd., Guiyang Nanming Laoganma Flavor Food Co., Ltd., or seal up or seize other property of equivalent value.

　　Zhang Zhengxin, a lawyer at Beijing Yingke (Tianjin) Law Firm, introduced that the civil ruling of the Nanshan District People’s Court ruling to preserve the property 16.24 million Laoganma Company does not mean that Tencent has won the case. Property preservation ruling and case victory are two different things. As long as the application for property preservation has a certain factual basis and provides guarantee, the court must make a timely ruling. Tencent has submitted the corresponding guarantee, and it is understandable that the Nanshan court has made a preservation ruling.

　　The first paragraph of Article 100 of the Civil Procedure Law stipulates that: In cases where the execution of the judgment may be difficult or cause other damage to the party due to the actions of one of the parties or other reasons, the people’s court may, upon the application of the other party, order the party to preserve his property, order him to perform certain acts or prohibit him from performing certain acts. The third paragraph stipulates: After the people’s court accepts the application, if the situation is urgent, it must make a ruling within 48 hours; if the ruling is to take preservation measures, it shall begin to execute it immediately.

　　Zhang Zhengxin believes that Tencent’s application to preserve the property of Lao Ganma worth more than 10 million yuan and the guarantee provided are urgent, so the Nanshan District People’s Court must make a timely ruling.

　　So, after the Guizhou police intervened and filed an investigation, is the ruling made by the Nanshan court still valid?

　　According to Zhang Zhengxin, Article 11 of the Supreme People’s Court’s Provisions on Several Issues Involving Suspicions of Economic Crimes in the Trial of Economic Dispute Cases stipulates that: If a case accepted by a people’s court as an economic dispute is not an economic dispute case and is suspected of economic crimes after trial, it shall rule to dismiss the prosecution and transfer the relevant materials to the public security organ or the procuratorial organ. "That is to say, if Laoganma successfully reports a criminal case, and the economic dispute is indeed a criminal case, the Nanshan court shall rule to reject Tencent’s lawsuit and transfer the relevant materials to the public security organ."

　　"It is estimated that Tencent will withdraw the case unless there are other details in the case. Because of the criminal investigation stage, many issues are still unclear. For example, whether these three people were originally employees of Lao Ganma, and they had come to represent Lao Ganma and Tencent before. If Tencent knew that they had been deceived before, it would definitely not sue. The follow-up will definitely be from the scammers," Zhang Zhengxin told China Economic Weekly.

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　　Although Tencent’s winning rate is high, it has also passed through Maicheng

　　Previously, because Tencent repeatedly sued and won in the Nanshan court, it was jokingly called "Nanshan Pizza Hut" by netizens.

　　The China Economic Weekly reporter inquired about the China Judgment Document Network, and the results showed that among the cases officially decided by the Nanshan District Court, there were 4,533 cases related to Tencent Computer Systems Co., Ltd. Random browsing by China Economic Weekly found that many cases in which Tencent was the defendant, and the plaintiff eventually withdrew the case.

　　For example, in the top 10 search results, eight of the defendants were Tencent Computer Systems Co., Ltd., and the plaintiffs all applied for withdrawal, and the court ruled that the withdrawal complied with the regulations.

　　Tencent Technology, which often appears in the original/dock together with Tencent Computer Systems Co., Ltd., is more representative.

　　According to the reporter’s incomplete statistics, China Judgment Document Network has included 61 cases in which Tencent Technology has been the original/defendant of the Nanshan District Court since 2016. Among them, Tencent Technology has been the plaintiff in 55 cases and the defendant in 6 cases. Tencent Technology has basically won the case. In addition, there are 397 rulings related to Tencent Technology in the Nanshan District Court.

　　According to China Judgment Document Network, in the case where Tencent Technology and Tencent Computer Systems Co., Ltd. are the plaintiffs, there are many well-known companies such as Panda Entertainment, Hero Entertainment, and Ali Merchandise. Among them, Tencent and Ali have the largest number of cases over music copyright disputes, involving the largest amount. According to preliminary statistics, since 2016, Tencent Technology and Tencent Computer Systems Co., Ltd. have sued Ali Merchandise in Nanshan Court in no less than 18 cases, and the court has ruled that Ali Merchandise should pay compensation of not less than 2363.1 million yuan.

　　However, while Tencent’s legal team is powerful, there are times when it loses out.

　　In February 2019, the IT Home website published an article "Doing Social, Tencent Forced". Tencent believed that many of the contents of this article constituted slander, and then sued the Qingdao Intermediate People’s Court, requesting that IT Home publish an apology statement on its registered or operated IT Home and other media channels for 30 days, compensating Tencent for its economic losses and reasonable expenses totaling 3 million yuan.

　　After losing the case by the Qingdao Intermediate People’s Court, IT Home appealed to the Shandong Provincial Higher People’s Court. The Shandong Provincial Higher People’s Court held that IT Home’s comments were based on relevant reports by authoritative media, did not fabricate or disseminate misinformation and misleading information, and only made legitimate comments on Tencent’s business practices. Although some words were too sharp, they still belonged to the scope of comments and would not mislead the public. On May 14, 2020, the Shandong Provincial Higher People’s Court finally revoked the first-instance judgment and rejected Tencent’s lawsuit.

　　Regarding Tencent’s title of "Nanshan Pizza Hut", Zhang Zhengxin believes that any case has the possibility of losing, even the lawsuit filed by Tencent in the Nanshan court cannot reach 100% victory. The court must make a judgment based on facts and take the law as the criterion.

Eight typical cases involving ＂pornography＂ and ＂non-pornography＂ were reported： the live broadcast platform tricked hundreds of female anchors to perform obscene performances.

CCTV News:Today (April 14th), the National Office of "Combating Pornography and Illegal Publications" reported six key criminal cases and two online administrative cases, involving illegal activities such as live webcasting of obscene performances, launching obscene websites and apps, and deleting posts for profit by the online water army.

The six criminal cases reported this time are:

1. Tianjin "4 26" cross-border webcast platform organized obscene performances.

2. Jiangsu Suqian "1 06" Wang Motao and others spread obscene articles for profit.

3. Jiangsu Nantong Lin Moumou and others used the "Magic Cat" APP to spread obscene articles.

4. Zhang Moumou and others in Taizhou, Zhejiang Province spread obscene articles for profit.

5. Yunnan Huize Wang Moumou spread obscene articles for profit.

6. Anhui Anqing "network water army" series deleted posts for profit.

The two cases of administrative punishment are:

1. A network technology company in Shanghai engages in publishing online games without authorization.

2. The case of "Peach Live" spreading vulgar content in Jinan, Shandong Province.

Among them, Tianjin "4 26" organized an obscene performance case, criminal gangs built a cross-border live broadcast platform, and recruited more than 500 female anchors to perform obscene performances online. At present, 23 criminal gang backbones have been transferred for review and prosecution. In the case of "1 06" spreading obscene articles for profit in Suqian, Jiangsu Province, 14 criminal gangs have recently been sentenced to penalties, ranging from one year and seven months to ten years and six months. In the case of "Peach Live Broadcasting" spreading vulgar content in Jinan, Shandong Province, its actual operating unit was ordered to rectify, and the relevant anchor was banned according to law.

The relevant person in charge of the national office of "eliminating pornography and illegal publications" said that it will continue to maintain a high-pressure crackdown on Internet pornography and illegal publications, and severely investigate and deal with Internet enterprises and individuals that have serious problems in producing and disseminating obscene pornographic information in the "new wind" concentrated action, and crack down on criminals in the whole chain, and will increase the exposure of typical cases.

Wuzhou rural revitalization TV series ＂The Most Beautiful Time＂ will be released soon.

Guangxi news network-South China Morning PostNews (Reporter Zhong Liang) The 20-episode TV series "The Most Beautiful Time", which was jointly planned by Wuzhou Multi-department and Wenchuan Company, was filmed in Wuzhou and showed the new changes of Wuzhou’s local customs and rural revitalization. On March 14th, the launching ceremony and press conference were held. The play will be released in May this year, starring general directors Yi Li, Sun Jinliang and Yi Li, and many well-known actors.Union. The prototype of the main characters in the play originated from the typical characters emerging in the process of poverty alleviation and rural revitalization in Wuzhou City. The lens incorporates a lot of excellent local traditional culture, local customs and natural scenery, and shows the audience the local scenery and poverty alleviation industries such as Liubao tea, ice spring soybean milk, turtle paste, sugar orange and star anise, showing the great changes in rural areas of Wuzhou, Guangxi and China.

Photo courtesy of the organizer of "The Most Beautiful Time"


＂Chinese Zodiac＂ Exposes Thrilling Warning that Jackie Chan will take the old man and stop making action movies.


Liao Fan


"Big Brother" Jackie Chan


Group photo

[Click to watch the high-definition atlas of "Chinese Zodiac" dinner]

　　　　　Movie network news(Photo/Cannes Film Festival Report Group) On May 18th, French time, Jackie Chan’s new film Zodiac, which was directed and performed by himself, exposed its first trailer in Cannes. Jackie Chan and starring Kwone Sang Woo, Liao Fan, Yao Xingtong, Liu Chengjun, Zhang Lanxin and Laure Weissbecker gathered at the press conference. The 58-year-old Jackie Chan said that he really didn’t want to make any more violent movies. If Fang Zuming redoubled his efforts, he might become his successor. The film is scheduled to be released on December 20th.

Jackie Chan is old enough to stop making action movies and is eager to become an Asian Robert De Niro.

　　　 As early as the shooting of "Zodiac", it was reported that Jackie Chan would stop making action movies after filming this play. On the same day, Jackie Chan confirmed this statement. "I can still move now, so I took this play, but I can’t move this year. I don’t know if I can move next year. I have to think about my family." But Jackie Chan also said that he would not give up action movies completely. "There may be some less intense action movies next, but maybe I will play a hero like Batman."

　　　 Jackie Chan said that he wanted to prove that he was not only a good martial arts star, but also a good actor. "That’s why I acted in a work like this, but there are still many people who want to see me show my fists and feet, so I promised them to make another action movie." Jackie Chan said that he wanted to be the Robert De Niro of Asia and a real acting school.

More live pictures on the next page

Every firework over northern Myanmar may mean that one person’s life in China is dying! This kind of fraud is the most deadly!

With the heavy blow to telecom fraud in China, most domestic telecom fraud gangs have now moved abroad, especially in Southeast Asia. Initially, telecom frauds transferred abroad will be entrenched in Southeast Asia such as the Philippines and Malaysia, but in the past five years, northern Myanmar has gradually become the preferred residence for these fraud groups.
Zhou Jun is an insider who is familiar with police cases. According to incomplete statistics, there are about 100,000 people engaged in telecom fraud in this area. And these telecom fraud gangs, which have sneaked abroad and grown wantonly in northern Myanmar, are targeting at compatriots in China.
Northern Myanmar mainly refers to the four autonomous regions on the border between China and Myanmar. They are controlled by four military armed forces independent of the central government and are in a state of "warlord separatism". These places are deeply influenced by China culture, and are very similar to Yunnan in living habits and language. The official language includes Chinese, which can circulate RMB, and can also use the signals of China Mobile, China Unicom and China Telecom.
For the needs of economic development, the local military government even set up a special economic development zone to provide special business licenses for these criminals engaged in telecom fraud to support the development of telecom fraud. It is for these reasons that North Myanmar has become a paradise for fraudsters.
The following is Zhou Jun’s dictation:
Every time you successfully defraud 500 thousand, you will set off a bunch of firecrackers to celebrate.
In the Spring Festival of 2021, I went to North Myanmar again.
Every once in a while, my biggest feeling is that the construction here is too fast. Office buildings have sprung up and roads have been repaired quickly. However, these new office buildings are basically rented to gangs engaged in telecom fraud.
It was also during the Spring Festival this year that I realized one thing. Every time I used to come here, I always heard the sound of fireworks and firecrackers one after another at night. They sounded in different places, and sometimes they were awakened by firecrackers at two or three in the morning. We will feel strange: why do we set off firecrackers every night?
Later, I finally learned that firecrackers were set off by telecom fraud gangs. This seems to have become a custom. Every time they successfully swindle 500,000 yuan, they set off a bunch of firecrackers to celebrate.
This bunch of fireworks set off in the sky is the footnote of this magical reality. Those victims in China were cheated out of everything, but here, it is their achievement worth celebrating.
Here, the telecom fraud industry is called "cash net", which is harmful to society, but it is legal in the local area. Telecom fraud gangs will pay the military government, create jobs and drive consumption. Their gathering has also promoted the development of all walks of life around them, including those who provide network services for these fraud gangs, those who deliver takeout food and those who open hotels … The local government is happy with the changes brought about by the arrival of telecom fraud. The buildings there are getting higher and higher, and the bumpy mud roads have become cement roads.
Historically, opium was cultivated and drugs were produced in these places. Local people will also be infected with drugs, which has strong social harm. Unlike telecom fraud, scammers don’t target local people. The targets of these fraud gangs smuggled from China to northern are all China people with mobile phones and computers in China.
In 2015, when telecom fraud gangs appeared sporadically in northern Myanmar, the domestic police were quite optimistic, because the local police cooperated well with the domestic police and the arrest was easy. They also discussed the technical aspects of the crackdown with the domestic police.
I remember once, the domestic police locked a fraud gang, but the arrest inside the gang was blocked because they could not open the iron gate of their den. When the fraudsters learned that the police were coming, they threw all their tools into the river from the second floor. After the evidence was destroyed, the criminals were still very arrogant and stood on the rooftop, challenging the domestic police with gestures.
Faced with this situation, the local police chose to shoot directly, and these talents surrendered. Finally, because of the destruction of evidence, the domestic police had no reason to arrest them, while the local police took everyone away and locked them up for a long time on the grounds of obstructing the police from handling cases.
Before October 2018, the cooperation between domestic police and local police was smooth. This is a win-win situation, the domestic police caught people, and the various living materials of those gangs that could not be taken away were confiscated by the local police. The local per capita salary is very low, and the monthly salary of the police is 300 yuan RMB. Those materials that can’t be taken away are a considerable income for them.
However, since October 2018, the attitude of the local police has changed, and the change is said to come from the fact that high-level officials were bribed by fraud gangs. Later, they also set up an economic development zone to handle the business license of "cash network business" for fraud gangs, and fraud business began to enter the room. Of course, paying a high monthly "protection fee" is also a necessary condition for every fraud group to survive locally.
More than 100 million people are engaged in telecom fraud in northern Myanmar.
Fraud gangs have brought rich economic returns to the local area. And some young people in China, attracted or lured by attractive job advertisements, went on and on to sneak into northern Myanmar.
Fraud gangs have outlined a dream of getting rich for them, and they can earn more than 10,000 yuan a month just by chatting. When these young people arrived in North Myanmar, they found that there was a great discrepancy between advertising and reality. What they are doing here is a clear crime in China, and making money is not as easy as they think.
If you regret it and want to leave, you need to pay at least 30 thousand yuan for redemption. If you can’t afford it, men will be asked to sell drugs and women will be asked to engage in prostitution. In the local area, gambling and pornography are legal industries. This is an abyss, as long as you step into that step, it will be difficult to get out again.
In China, telecom fraud was first brought by fraudsters in Taiwan Province, and then copied by some Fujian people. In some areas of Fujian, even an entire village engaged in telecom fraud. Now, the original Fujian people have generally become the bosses at the tip of the telecom fraud pyramid in northern Myanmar, and their people come from all over the country.
It is estimated that there are hundreds of thousands of people engaged in telecom fraud throughout northern Myanmar. Over the years, I have also dealt with many young people at the bottom of this industry. Most of them are "problem of juvenile" with poor academic performance, and their families are good and bad. Some time ago, the domestic police rescued a 16-year-old Shanghai girl. The girl’s family condition was good. Because she didn’t want to go to school again, she came to northern Myanmar with her netizens. In the fraud gang, what she needs to do is very simple, that is, to send a trembling voice every day, show her beauty and life, attract fans and add the designated WeChat in the gang. And these fans attracted by her have become the targets of gang fraud.
Because her daughter disappeared, her family called the police, and finally the girl was found by the domestic police. The rescued girl also blamed her mother for "ruining her dream of making money". Because the girl was under 16 years old, she was not investigated for criminal responsibility. Other adult fraudsters who report to the domestic police for help will be considered as surrenders, and they will still face criminal prosecution after being rescued by the domestic police.
Because the military government in northern Myanmar is not under the management of the central government of Myanmar, the passport doesn’t work here. The legal pass recognized here is the border pass, which has certain conditions. The border between China and Myanmar is more than 2,000 kilometers long. There is no obvious barrier. There are mountains and water, and many places come over as soon as they pull their trousers. Smuggling has become a way for Chinese people to reach northern Myanmar, and it has also become an industry. In the early years, the price of 200 yuan can find a way to successfully smuggle. After the outbreak of the epidemic last year, the price of smuggling has also risen. I heard that several people were caught by the border guards some time ago, and each person gave tens of thousands of yuan to the snakehead.
In northern Myanmar, there are as few as four or five people and as many as two or three thousand. The types of fraud include impersonating public security organs to enforce the law, defrauding loans, chatting naked, cashing in bills, investing in wealth management, killing pigs and so on. Most fraud lists are tens of thousands of yuan, and a few can reach millions or even tens of millions. Most fraudulent orders give a small commission to a single person.
In the past two years, the most harmful thing is the "killing pig plate". Simply put, this kind of fraud means that the liar will pretend to be a perfect lover, fall in love with the victim online, and finally guide the victim to invest or gamble on their designated website. When the victim invests a lot of money, the lover and the website disappear together.
Gangs engaged in "pig killing" fraud have an assembly line-like division of labor. Some people are responsible for finding pigs to kill, others are responsible for chatting with pigs, and technicians are responsible for building websites for "killing pigs".
I came into contact with a well-paid female white-collar worker, who was cheated by the "pig-killing dish" for 6 million yuan. She came to report the case and asked us to find the person who cheated her, not asking for her money back in the end, but just asking if he was sincere about himself.
The "killing pig plate" just uses people’s emotional needs to gain the trust of the victims, and then uses people’s greed to guide the victims to invest money.
More and more complicated fraud routines
The detection of telecom fraud cases is a technical job, and only when someone reports the case can the domestic police solve the case. Although the domestic police all know which floor of a building in northern Myanmar is a telecom fraud gang, they can’t arrest them without a case. Only when someone reports a crime, the domestic police will look for the place where this gang is located according to all kinds of information he provides, because the criminal gang caught in this way can determine their criminal evidence and form a complete evidence chain.
In my memory, the most successful case was an arrest in 2017. The criminal gang hid on the second floor of a building materials market. At that time, the weather was very hot, the door of criminal gangs was open, and the office environment was not good. Only fans were installed in the office on a hot day. When the domestic police arrived, they were working, and they got all the evidence such as computers and mobile phones, so they were caught red-handed. The evidence was clear and the case was solved smoothly. The scam of this gang is to find people who want to borrow money through baidu promotion, pretend that they can help with the loan, and then charge the victims in various names. In the end, the domestic police arrested ten criminals.
However, there are not many such smooth times. In a large-scale crackdown in 2017, the domestic police dispatched more than 1,000 policemen, but in the end, because of some strategic mistakes, only more than 300 criminals were arrested. Sometimes the domestic police took people back, but because of the lack of evidence, they had to let them go, and these people went back to northern Myanmar to continue to engage in telecom fraud.
The new trend now is that the degree of integration of various crimes is getting higher and higher. This also makes it more and more difficult for the domestic police to solve the case. For example, gambling and fraud show an integrated form, which is not only reflected in the form of fraud and gambling, but also in operation and management. The local military government will entrust casinos to manage fraud gangs. Because the casino itself has to pay protection fees and taxes. So the management of these casinos will set up their own companies or jointly set up management committees with development zones to manage fraud gangs.
Before telecom fraud entered northern Myanmar, the best local houses were owned by casinos. In the past, there were few tall buildings with more than six floors here. The first floor is used as a physical casino, and the second floor and above are rented to fraud gangs, so that the casino collects rent and management fees. The management fee received was handed over to the local military government together with part of the casino’s income.
In this process, the owner of the casino found that telecom fraud was very profitable, so he began to take a stake in telecom fraud. Casinos are in cahoots with telecom fraud. There are many similarities between gambling and "killing pigs", and like online casinos, killing pigs also requires buying domain names and constantly changing websites. It’s just that gambling will make some profits, and the "killing pig plate" will directly circle the money and run away. Casinos have good technology in this respect, which can be directly provided to the "pig killing plate". In addition to technical collusion, casinos and fraud gangs will also share customers. These complicated reasons make gambling and fraud more integrated.
The way of telecom fraud has gradually escalated, which also makes the domestic police dare not slack off, and it is necessary to step up the improvement of the technical level of domestic police in solving cases.
Because of the impact of the epidemic, it is inconvenient for the police to go abroad to handle cases. These fraud gangs have basically been in a state of uncontrolled and barbaric growth in the past year. At the moment when the global epidemic has not been extinguished, I am not optimistic that they may have an explosive growth in the next few years.
(Note: In order to protect the privacy of the respondents, Zhou Jun is a pseudonym)
Source "Observatory", ending fraud
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