[5] Do not believe in "free wine giveaways"; the real truth is an illegal scam.
[2] Compiled from: Linshu County People's Court
"Free liquor," "Get liquor for free," "Get original liquor, ginseng liquor" — how could such good things happen? Be careful! Avoid falling into the scams of lawbreakers.
[1] Image source from the internet; if infringement occurs, please delete!
Case review
Yu and Ge met while setting up stalls at a market fair. In early April of this year, the two hit it off and planned to run a “buy-and-resell” scheme using the liquor Ge sold, splitting the profits 60-40. Accordingly, Yu and Ge, together with a hired helper named Li, drove to Yushan Town, Jiaolong Town, Qingyun Town, and other locations to carry out their operations.
Wherever they went, Li and Ge would draw crowds by claiming "free liquor" and "free original spirit and ginseng liquor." Yu would stand in the middle of the gathered crowd, using a megaphone to announce "liquor promotion" and "promotional event for the manufacturer," introduce the liquor, and hand out small gifts such as shoe brushes and rags to onlookers, luring them into the trap.
After speaking for so long, my mouth is dry. Whoever buys me a drink gets a bottle of liquor from me! After giving his pitch for a while, Yu would use this as an excuse to prompt onlookers to pay a small amount. But after collecting the money, Yu and his associates would return it all and give each person who paid a bottle of baijiu, creating the illusion that the liquor is free.
After seeing that some people believed it, Yu would continue to boast about the efficacy of the ginseng wine, shouting, “Whoever is willing to treat me to a meal, I’ll give them ginseng wine,” and “The more you pay, the more you get,” continuing to induce the onlookers to voluntarily hand over their money. Pay 100 yuan and get 1 bottle of ginseng wine; pay 200 yuan and get 1 bottle of original liquor and 1 bottle of ginseng wine…… The onlookers, having tasted the sweetness of the deal, would rush to pay, and some even handed over to Yu the money they had brought for shopping at the market or for medical treatment and injections. At this point, the crowd, immersed in the joy of receiving the wine, began to firmly believe that Yu and his associates would not actually take their money. Even when Yu deliberately and jokingly repeatedly said things like “Then I’ll really pack it up, huh” and “Can I just not refund the money?” the onlookers all thought he was joking and cooperatively responded, “Sure, sure, sure,” and “Okay, okay, okay.”
This time, however, Yu did not refund the money paid by the victims. Instead, he took advantage of their absence while they were helping with liquor promotions at the market and fled. After the victims discovered the fraud, they reported it to the police. Once Yu and his accomplices were apprehended, they truthfully confessed to their crimes. According to statistics, Yu and his accomplices defrauded the victims of a total of 7,100 yuan in cash, all of which has now been repaid.
[1] Court Opinion
After trial, the People's Court found that the charges of fraud brought by the public prosecution against defendants Yu, Ge, and Li were established. The three defendants truthfully confessed their crimes upon arrival, voluntarily admitted guilt and accepted punishment, and after the incident, they compensated for the losses and actively paid fines, which could lead to a lighter sentence. Considering all sentencing circumstances, the court sentenced Yu and Ge to four months of criminal detention, suspended for four months, with a fine of 4,000 RMB; and Li to three months of criminal detention, suspended for three months, with a fine of 3,000 RMB. After the verdict, all three defendants expressed acceptance.
"Criminal Law of the People's Republic of China"
Article 266 [Crime of Fraud]
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
Watching excitement is a common pastime for many ordinary people, and joining in the commotion is understandable. But when money is involved, one must be extra cautious. After all, when does a free lunch ever really exist? In this case, didn’t the three scammers claim to be “free of charge,” yet still accept tips from the onlookers? This shows that one should not get carried away in the moment and forget the essence of things. Money given away is like spilled water—it is hard to get back.
If you discover it's a scam, be sure to keep records of transfers and related evidence, and report it promptly to prevent the swindlers from fleeing, making it truly difficult to recover. Additionally, be especially cautious with any alcohol or food obtained in such scams, as they are likely low-quality, unlabeled products. Losing money and harming your health would be an even greater loss!
