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The Babu District Court found in the first instance that from 2065438 to August 2006, the defendant Lin Yueqing gathered the defendants Hong Biying, Guo Weichong, Chen Qichang, Ma Wenjing, Chen Zhiyong and Zhu Ke in Dongguan, Guangdong Province, and used the GWG platform provided by Hong Biying and the QEF network platform built by Chen Qichang with source code (hereinafter referred to as the "platform") to buy products in the name of selling quantum high-tech products.
Participants in the "QEF" network platform need to pay six admission fees ranging from 850 yuan to 85,000 yuan to register as members of the "platform". Members are arranged in a pyramid shape according to the left and right areas. The "Platform" has successively relied on Guangdong Runjiu Industrial Co., Ltd. (hereinafter referred to as Runjiu Company), Ailong Quantum Internet of Things Business Technology (Shenzhen) Co., Ltd. (hereinafter referred to as Internet of Things Company) and Qianhailong Aiquantum Internet of Things cross-border electronic commerce (Shenzhen) Co., Ltd. (hereinafter referred to as cross-border e-commerce company) to carry out corporate operations, develop members and absorb investment funds.
The "platform" was officially put into operation on September 24th, 20th16th. After the system was updated and upgraded, the new "platform", namely "Changai Internet of Things" (commonly known as "Changai Quantum Network Platform") was put into operation in May of 20 17, until the incident occurred.
According to the judicial appraisal, the number of members displayed on the interface of Ai Long Internet of Things website and queried in the database is 1963063. Among them, there are 97358 1 members whose ID numbers are not empty, and 28 1 100 members whose names are different from their ID numbers. There are 97 membership levels, and 3 19 1 members belong to the "Entrepreneurship Center".
Judicial accounting appraisal of the funds of Internet of Things companies, cross-border e-commerce companies and affiliated companies involved in the case. Appraisal opinion: As of August 3 1 and August 20 17, all kinds of capital inflows of the units (companies) involved totaled 3787905890.48 yuan. (This article is transferred from anti-fraud big data: FPData)
Among them, industrial companies, Internet of Things companies and cross-border e-commerce companies received external funds totaling 373,386,0521.24 yuan through personal bank transfer, card payment, Alipay, Tenpay and cash payment, and their external expenditures totaled 225,207,4028.19 yuan.
The court of second instance held that the existing evidence in this case confirmed that Lin Yueqing and others obtained income by soliciting bribes, the essence of which was pyramid selling crime in the sense of criminal law. In addition, Lin Yueqing and others failed to provide evidence to prove that most of their income was obtained by selling products.
The original judgment is as follows:
1. Defendant Lin Yueqing was convicted of organizing and leading pyramid schemes, sentenced to 11 years' imprisonment and fined RMB 50 million.
2. Defendant Guo Wei was convicted of organizing and leading pyramid schemes, sentenced to seven years' imprisonment and fined five million yuan.
Defendant Chen Qichang was convicted of organizing and leading pyramid schemes, sentenced to six years and six months in prison and fined RMB 4.5 million.
Four. Defendant Lu Weihai was convicted of organizing and leading pyramid schemes, sentenced to six years and six months in prison and fined RMB 4.5 million.
The defendant Ma Wenjing was convicted of organizing and leading pyramid selling activities, sentenced to six years in prison and fined RMB 3.5 million.
Defendant Wei Qi was convicted of organizing and leading pyramid schemes, sentenced to five years and eight months in prison and fined RMB 2.7 million.
Seven. Defendant Wang Shilong was convicted of organizing and leading pyramid schemes, sentenced to five years and six months' imprisonment and fined RMB 2.6 million.
8. Defendant Wang was convicted of organizing and leading pyramid schemes, sentenced to five years and five months' imprisonment and fined RMB 2.6 million.
9. Defendant Zheng Jianwu was convicted of organizing and leading pyramid schemes, sentenced to five years and three months in prison and fined RMB 2.5 million.
X. Defendant Hong Biying was convicted of organizing and leading pyramid schemes, sentenced to five years and two months in prison and fined RMB 2.2 million.
XI. Defendant Yu Zhaocheng was convicted of organizing and leading pyramid schemes, sentenced to five years' imprisonment and fined RMB 265,438+10,000.
Twelve. Defendant Liu Chaoming was convicted of organizing and leading pyramid schemes, sentenced to five years' imprisonment and fined RMB 265,438+10,000.
Thirteen. Defendant Pang was convicted of organizing and leading pyramid schemes, sentenced to five years' imprisonment and fined RMB 2 10/00000.
14. Defendant Du Zubing was convicted of organizing and leading pyramid schemes, sentenced to five years' imprisonment and fined RMB 265,438+10,000.
15. Defendant Wang Teng was convicted of organizing and leading pyramid schemes, sentenced to four years' imprisonment and fined RMB1500,000 yuan.
16. Defendant Chen Zhiyong was convicted of organizing and leading pyramid schemes, sentenced to three years' imprisonment, suspended for four years, and fined RMB 1 million.
17. Defendant Zhu Ke was convicted of organizing and leading pyramid schemes, sentenced to two years and ten months in prison, suspended for three years, and fined 800,000 yuan.
18. Defendant Zhou Lan also committed the crime of organizing and leading pyramid schemes, and was sentenced to two years and six months in prison and fined 500,000 yuan.
19. Defendant Li Huiyun was convicted of organizing and leading pyramid schemes, sentenced to two years and two months in prison and fined RMB 100,000.
20. Defendant Xian Peichang was convicted of organizing and leading pyramid schemes, sentenced to one year and eleven months' imprisonment and fined 50,000 yuan.
Via: Not available.
The court reminded the general public that with the development of the Internet, many MLM organizations are also "packaging themselves".
"Become an innovative sales model and lure the public to become offline. However, after all, it is a change of medicine. If you see words such as "pulling people's heads" and "product joining points" in your daily life, you must be careful and beware of entering pyramid schemes by mistake. (This article is transferred from anti-fraud big data: FPData)
Transfer from: Jinzhou network police patrol law enforcement
Related Q&A: Related Q&A: Has anyone heard of the quantum of dragon love? The full name of Ai Long Quantum is Shenzhen Ai Long Quantum Technology Co., Ltd.
Legal Representative: Guo Weichong, foreign-funded by post.
Operational status: survival
Registration time: 2016-11-14.
Registered capital: (RMB) 50 million yuan.
Industry: wholesale industry
Type of enterprise: limited liability company (wholly owned by legal person)
Industrial and commercial registration number: 440301118003404.
Organization structure code: MA5DP3 176
Operation period: 2016-1-14 to no fixed term.
Approval date: 20 17-06-20
Shenzhen Municipal Market Supervision Administration.
Registered address: Room 20 1 Building A, No.1 Qianwan Road1,Shenzhen Qianhai Shenzhen-Hong Kong Cooperation Zone (settled in Shenzhen Qianhai Business Secretary Co., Ltd.) Business premises: Room 604, Building 6, Haicheng Commercial Building, Huarong Road, Dalang Street, Shenzhen.
Scope: Development and research of integrated automation control products and power industry products; Technical development and sales of electronic products, computer software, hardware and network facilities, computer system integration and network information services; Invest in the establishment of industries (specific projects shall be declared separately); Scientific and technological information consultation; Sales of mineral products, mechanical equipment, communication equipment, office equipment, electronic products, environmental protection and energy-saving materials, architecture, arts and crafts, small household appliances, sanitary products and daily necessities; Engaged in import and export business (except franchise, exclusive control and monopoly goods)