As soon as retired the elderly purchased a weight loss package, it was deceived nearly 100,000 yuan

Aunt Hu, nearly seventy -year -old, was troubled by obesity for many years. One day in March 2022, a advertisement pushed by a short video of a social account attracted her attention.

The advertisement claims to be a regular weight loss product produced by a certain hall.In a short period of time, people take products to “achieve self -breakthroughs and complete gorgeous transformation.”

Aunt Hu was so excited that she added the social account of customer service “Xiao Lan”, and bought a weight loss package worth 799 yuan under her introduction.After receiving the product, “Xiao Lan” recommended to Aunt Hu “Xiaosu” to guide him to use the product.

After the recommendation, Aunt Hu has successively accepted the online consultation of senior weight management expert “Ms. Ran” and the senior nutritionist “Mr. Huang”, and customized the exclusive weight loss plan.The weight manager and senior nutritionist shall continue to recommend a weight -loss package with different types and functions for Aunt Hu on the grounds that “product upgrades are replaced”, “body metabolism needs to be taken in the next stage” and “failing to take the danger of amputation”.

In just over a month, Aunt Hu spent a total of 94979 yuan.Because she diet daily, and worried that she would not continue to take the product, they would have problems, and they were suspected of being scammed. In May 2022, she went to the public security bureau to report the case in May 2022.There is no strength on my body, and my mind is slow. “

After investigation by the public security organs, more than 12,000 victims in the case were found to be all over the country, and the amount involved exceeded 220 million yuan.

For the sale of ordinary food to lose weight, the court determined that it constituted a crime of fraud.

The court found that from December 2019 to June 2022, the defendants He Moutao, Gui Mouliang and others obtained huge illegal benefits, and successively established Hunan Meal Fiber E -commerce Co., Ltd. and Hubei Shankangli Health Technology Co., Ltd.For the company, with the help of the corporate operating model to implement fraud, pretend to be qualified practitioners, fictional weight loss processes and effects, and seduce victims to buy ordinary food in the name of selling weight loss products.

Some defendants argued that the company sold a regular product purchased from a certain hall. A small part of the product did have the effect of weight loss, but the advertising publicity was exaggerated.fraud.

After hearing, the court held that false propaganda did not affect the identification of criminal liability.The defendant in this case adopts false publicity methods, knowing that most of the company sold by the company that does not have weight loss products that do not have weight loss effects, and still deceive others in the name of weight loss products to buy at a high price of ten to tens of times.The victim suffered huge losses.In this case, the defendant’s false possession and fictional facts have caused the victims to fall into a misunderstanding and dispose of the property. The amount is particularly huge and shall be held criminally responsible for fraud.The court ruled that 142 defendants were sentenced to 13 years, six months to three years, and fined 800,000 to 40,000 yuan.

After the first trial, some defendants appealed, and the Third Intermediate People’s Court of Chongqing ruled that the appeal was rejected and maintained the original judgment.

Can false propaganda avoid criminal responsibility?

According to Tian Ling, a judge in the case, false propaganda refers to the operator’s propaganda behavior of deception and misleading consumer propaganda in order to obtain market competitive advantages and unfair interests in business activities.Civil consequences of civilian legal consequences such as returning property and compensation loss are generally reflected in exaggerating the efficiency of goods and fictional raw materials.

The court trial believes that in cases involving weight loss products, health products and other commodity frauds, the behavior of defendants often meet the cases of civil liability for false propaganda and the constituent elements of crime of fraud.As far as this case is concerned, the main reason for the victim’s disposal of property is the fact that the defendant’s fictional products involved in the case can quickly lose weight. At this time, false propaganda is one of the means to deceive the property of others.Of course, the defendant’s responsibility to avoid criminal responsibility because the defendant meets the requirements of false propaganda.

The court found that in this case, the company involved in the case clearly stipulated that the company’s real address and name cannot be leaked.As a result, the victims were difficult for the victims to be relieved by the losses caused by the defendant’s behavior.Based on this, the court determined that the defendant in this case had the purpose of illegal possession. It adopted the method of fictional facts and concealed the truth to deceive the huge property of others, which has constituted a crime of fraud.

Observation

Make “Yan value Economy” into a scam -catching area

With the improvement of living standards, more and more people have joined the ranks of weight loss and fitness. Scientific and reasonable weight loss can avoid the probability of “three highs” and reduce the occurrence of cardiovascular and cerebrovascular diseases.benefit.In this case, the criminals seized the “face value economy” and sold false weight loss products, resulting in the victims not only suffered serious economic losses, but even caused physical injury.