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

📅 2021-07-13 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #减肥药 #Criminal Law #虚假广告 #Fraud Crime #非法占有

Compiled from: Haiyang Court
 
Case review
In 2020, a resident of Haiyang purchased weight-loss pills online and encountered an "old traditional Chinese medicine doctor" named "Teacher Qi." After some conversation, the resident paid over 2,000 yuan for weight-loss products that "Teacher Qi" claimed were passed down through generations of the family. However, the products had no effect at all after use, and the resident realized it was a scam. It turned out that the so-called "Teacher Qi" was merely a fictitious character created by the defendant Zhang and his gang, who were far away in Jiangxi, to carry out their fraudulent scheme.

 

Upon trial, it was ascertained that, in order to obtain illicit benefits, Zhang purchased multiple computers, mobile phones, SIM cards, and other tools for committing crimes in 2019, rented a workplace, recruited more than fifty employees, and carried out gang fraud activities.
 
The gang used web browsers, WeChat, and other means to fabricate “Teacher Qi’s Body Sculpting and Conditioning Studio” and “Teacher Liu’s Body Sculpting and Conditioning Studio” to publish false weight-loss information, luring victims into adding them on WeChat. Within the gang, they coordinated their messaging to fabricate facts such as successful weight-loss cases, a traditional Chinese medicine weight-loss family lineage, the use of precious Chinese herbal medicines in formulation, and customized weight-loss products tailored to each individual. Through smooth talk, they induced victims to spend money on their products and then had victims add the WeChat contacts of so-called “experts” and “teachers,” falsely claiming these contacts were dedicated to serving VIP clients. Continuing to follow “scripted talking points,” they used fake consultations and other methods to fabricate illnesses in customers and exaggerate the effects of the products, further inducing victims to purchase products in order to defraud them of their money. After a successful scam, they immediately blocked the victim on WeChat. Since 2019, they defrauded more than 200 people, with criminal proceeds amounting to over 780,000 yuan.
 
It is worth noting that most members of the group were between 20 and 25 years old, including quite a few recent graduates or college students still enrolled in school who had been recruited to work at the company.

 

 
[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 involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and shall also, or shall only, be fined; if the amount involved 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 involved 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. If this Law provides otherwise, such provisions shall prevail.
 
 
[1] The author's perspective
With the development of the internet, telecom fraud schemes have proliferated endlessly, with a myriad of deceptive tactics. In this case, the criminal gang exploited the psychology of certain women who pursued beauty and sought quick results, fabricating the efficacy of weight-loss products to defraud these women of their money. They used pre-prepared “scripts” to repeatedly “coax” buyers, “painting rosy pictures” and making them “feel on cloud nine,” causing them to be deceived without even realizing it. In real life, tactics such as “pig-butchering scams,” impersonating “public security, procuratorial, and judicial authorities,” and “naked chat” extortion all exploit the psychology of parties who tread the edge of the law, leading them to fall victim without knowing it. The most fundamental way to prevent fraud is to raise one’s own awareness of self-protection. One must understand that the ultimate goal of scammers is to steal money, so one should keep a tight grip on their finances and not easily hand money over to others. At the same time, we also remind young people who have just entered society that while maintaining enthusiasm for work, they should also cultivate sound legal awareness and the ability to distinguish right from wrong, so as to prevent being lured and confused by ill-intentioned individuals using job opportunities, money, or benefits, and consequently embarking on the path of illegal and criminal activities.

⚖️ Start your journey to professional legal services today

📍 Address: Room 1802, Block A, Xintian Century Business Center, Shixia North 2nd Street, Futian District, Shenzhen

  • @ Email: zhiminglawfirm@126.com
  • WeChat ID: zhiminglawyer01
  • 💬 WeChat Official Account: gd_zhiming

Administrative Disputes · Marriage and Family Matters · Civil and Commercial Litigation · Criminal Defense - Free Online Consultation

Consultation QR Code

Scan to add consultation QR code

Law Firm Official Account

Scan to follow us

"WeChat Help"
微信二维码
"Press and hold on QR code"
"Add WeChat Inquiry"
×
微信二维码
"Press and hold on QR code"
"Add WeChat Inquiry"