A quick transformation! "Young scammer" becomes "old Chinese medicine doctor for weight loss"

📅 2021-07-13 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #WeightLossDrugs #CriminalLaw #FalseAdvertising #Fraud #IllegalPossession

Compiled from: Haiyang Court
 
Case review
In 2020, a citizen of Haiyang purchased weight-loss medication online and encountered a "veteran Chinese medicine practitioner" called "Teacher Qi." After some communication, the citizen paid over 2,000 yuan for what "Teacher Qi" claimed was a family-inherited weight-loss product, but it had no effect, and they realized they had been scammed. It turned out that the so-called "Teacher Qi" was merely a fictional character created by defendant Zhang and his group, who were based in Jiangxi, to carry out their fraud.

 

After investigation, it was found that to gain illegal profits, Zhang purchased multiple computers, phones, and SIM cards in 2019, rented a workspace, and recruited over fifty employees to conduct group fraud activities.
 
The group used web browsers and WeChat to fabricate "Teacher Qi's Body Shaping and Conditioning Studio" and "Teacher Liu's Body Shaping and Conditioning Studio," posting false weight-loss information to lure victims into adding their WeChat accounts. They coordinated their stories, fabricating successful weight-loss cases, claims of being from a traditional Chinese medicine weight-loss family, using precious Chinese herbs, and creating customized weight-loss products for each person. Through sweet talk, they induced victims to buy their products and then had them add so-called "experts" or "teachers" on WeChat, falsely claiming these were for VIP clients. They continued using scripted dialogues, fake consultations, and exaggerated claims about the products' effects to fabricate illnesses and deceive victims into purchasing more products, all to swindle money. After a successful scam, they immediately blocked the victims on WeChat. Since 2019, they defrauded over 200 people, with criminal proceeds exceeding 780,000 yuan.
 
Notably, most group members were aged 20 to 25, including recent graduates or current college students recruited through job postings.

 

 
[1] Court Opinion
The fraud group, with the intent of illegal possession, fabricated facts, concealed the truth, and used communication networks to swindle others' money on an especially large scale, all constituting fraud. According to Article 266 of the Criminal Law of the People's Republic of China and other legal provisions, the ringleader Zhang was sentenced to ten years in prison and fined 80,000 yuan, with all involved stolen funds recovered. The other defendants received sentences ranging from ten years to six months in prison, with some receiving suspended sentences due to lesser involvement.
 
 
Relevant legal provisions
"Criminal Law of the People's Republic of China" Article 266 [Fraud Crime]
Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also, or shall only, be fined; if the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is especially huge or there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. Where this Law otherwise provides, such provisions shall prevail.
 
 
[1] The author's perspective
With the development of the internet, types of telecom fraud are emerging endlessly, and fraud tactics are varied. In this case, the criminal gang exploited the psychology of some women who value beauty and are eager for quick results, fabricating the efficacy of weight loss products to defraud them of their money, using pre-prepared "scripts" to alternately "cajole" them, "painting a rosy picture" for buyers, making them "feel elated," and unknowingly being tricked into falling for it. In real life, "pig-butchering scams," impersonating "public security, procuratorate, and court authorities," "naked chat" extortion, etc., all exploit the parties' psychology of skirting legal boundaries, causing them to fall for it unknowingly. The most fundamental way to prevent fraud is to enhance one's own awareness of prevention, knowing that the scammer's ultimate goal is to swindle money, so one should guard money tightly and not easily give it away. At the same time, young people who have just entered society are reminded here that while full of work enthusiasm, they should also establish a good legal awareness and the ability to distinguish right from wrong, to prevent being lured and confused by ill-intentioned individuals with job opportunities, money, benefits, etc., and subsequently embark on the path of illegal crime.

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