Home » A man in Wenzhou sentenced to seven years in prison for phoning 500,000 yuan for takeaways and defrauding 450,000 yuan from a platform

A man in Wenzhou sentenced to seven years in prison for phoning 500,000 yuan for takeaways and defrauding 450,000 yuan from a platform

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Merchants on the takeaway platform relied on their knowledge of the platform’s rules, took advantage of the platform “wool”, defrauded 450,000 yuan, and finally sent themselves to prison.Recently, the Wenzhou Ruian City Court concluded a fraud case involving the use of the takeaway platform’s “refund application in advance” mechanism to defraud more than 450,000 yuan. The defendant Xu Moxue was sentenced to seven years in prison.

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The Paper learned from the Ruian Court on June 21 that Xu previously ran a franchise sushi restaurant and went online on a takeaway platform. At the beginning of last year, several customers reported to him that they obviously received the takeaway but received a refund for the order.

This was originally an individual accident: Xu ate normally; without his knowledge, the sushi restaurant’s head office logged in to the merchant account and cancelled the order; the platform information was asymmetrical, and the customer was directly paid for the goods; the customer received a refund I also received the meal. But in Xu’s view, the platform’s “refund application and advance payment” mechanism may be a road to “get rich”.

Last March, Xu tested the waters. Acting as a customer, he ordered 20 cakes with a unit price of more than 200 yuan in his store through a takeaway platform, and chose “Merchant Delivery”. In fact, he did not make the cakes and did not ship them.

Three days later, the platform and the merchant’s fund settlement date (after the customer places an order, the takeaway platform first freezes the order amount, and three days later, the platform fee is deducted, and then the remaining funds are sent to the merchant). Log in to the customer account and cancel the order for reasons such as “waiting too long and sending too slow”. Soon, the takeaway platform first paid the order amount to his account, so Xu successfully defrauded more than 4,000 yuan.

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But platform advance payment is not so easy to cheat. Xu’s subsequent order settlement payments will be deducted from the advance payment instead of calling him directly. Xu racked his brains and came up with a way to use multiple accounts to launch a new store, or use a store that his friend no longer runs the above operation. In this way, Xu was able to defraud the platform for advance payment, but the platform was unable to deduct the advance payment from a new store with no real turnover or a store no longer operating.

From March to September 2020, Xu passed through 10 stores and placed a total of about 500,000 yuan in false orders. In October of the same year, he was arrested by the public security organs. It was found that Xu defrauded the platform to advance payment of 452,823 yuan.

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The ruian court held that Xu used his account or someone else’s account to place a false big extra sales order at his or a friend’s restaurant before the settlement date. After receiving the platform settlement payment on the settlement day, he would use “cancellation of the order” as an excuse. The platform’s application for refunds is for the purpose of illegal possession, defrauding others’ property, and the amount is huge, which constitutes a crime of fraud. According to the relevant provisions of the Criminal Law of the People’s Republic of China, Xu was sentenced to 7 years in prison and a fine of 70,000 yuan.

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