A documentary commemorating the second anniversary of "The First MLM Case after the Founding of the People's Republic of China" Every winter will pass and spring will come; when dark clouds cover the sun, light will still come.
3354 Record of Lianyun who cried but never gave up New York 1. After Guangdong Yun Lianhui Company was seized, Yun Lianhui participants have been continuing to appeal. The content, professionalism, legal approach, and duration of the appeal are all surprising.
(1) Report the situation to higher-level departments such as the Supreme People’s Court and the Inspection Team through phone calls, letters, etc., and believe that Yunlianhui’s operating model is beneficial to the country and the people, and is a normal e-commerce behavior.
Excerpts from some core points: 1. Yun Lianhui will share its 16% service fee with all participants.
Even if there is a hierarchical point donation, it is a legal way to distribute one's legal property.
There is no fraud or infringement of the interests of others.
There are no victims, only beneficiaries; 2. When members register, there is a clear electronic agreement informing them of the public *** system operation manual. You can freely choose whether to upgrade at 99 yuan or 999 yuan, and you can freely refund the fee. There is no pyramid scheme to attract members.
The problem of fees; 3. The Yunlianhui model itself does not have the so-called "head-pulling" MLM support.
Data reviewed by the Guangzhou Public Security Bureau shows that Yun Lianhui Company charges 16% of the entrepreneurial share fund, that is, merchants pay 20.8 billion yuan, membership fees are 780 million yuan, agency fees are 2.35 billion yuan, and equity profits are 300 million yuan.
Withdrawal fees are 1.69 billion yuan.
Membership fee ratio: 780 million yuan in total revenue (208 7.8 23.5 3) 100 million yuan = 3.21%.
Therefore, the 3.21% upgrade fee accounts for a small proportion of Yunlianhui’s total revenue, and does not conform to the characteristics of MLM that directly or indirectly uses the number of developers as the basis for payment or rebate; 4. It is believed that Yunlianhui’s consumption return model is reasonably designed.
It has been scientifically proven that it will not collapse after four years of actual operation.
It cannot be assumed that the capital chain is broken and is attacked by pyramid schemes.
6. Even if there is a local-level team salary based on the Yun Lianhui model, it is not within the scope of criminal law.
The criminal law cracks down on pyramid schemes that focus on charging "entry fees" and "pulling people's heads".
(2) The Guangdong Xinzheng Judicial Office, which provided electronic data appraisal for the Yun Lianhui case, reported that its appraisal opinions were not objective and true and were suspected of illegal appraisal.
Excerpts from some core points: 1. On October 10, 2019, the Sihong County People’s Court broadcast live online the 2019 Su 1324 First Penalty No. 162 trial.
During the cross-examination session, Lawyer Zhao pointed out that during the public trial of Yun Lianhui’s corporate chairman, two appraisers from Xinzheng publicly admitted when answering the expert assistant’s cross-examination: “They could not identify Yun Lianhui’s pyramid structure, but the entrusting agency asked them to
Write this way; 2. The number of recommenders who have changed in the system and the number of people who have canceled their accounts and returned fees have not been determined. The operation manual and customer service files published by Yun Lianhui show that the recommenders can be modified since all referees can be modified.
, then it cannot be proved that the defendant played a key role in the development of the following members; but Yunlianhui members can freely withdraw from membership and refund fees, and it cannot be proved that the defendant induced and coerced participants to pay membership fees to obtain membership qualifications.
Public facts identify any favorable data that can prove that it is not a pyramid scheme, and the identification data is not comprehensive, objective, and untrue; 3. In the identification opinion, there are no remuneration, kickbacks, illegal profit data, and cash withdrawals obtained by the defendant through the following levels
The data is confused and there is a lack of data support for defrauding property; 4. Without identifying that one person can register multiple accounts, a large number of Yun Lianhui's virtual ID accounts were deliberately identified as pyramid sellers who could only be natural persons.
The number and level of accounts identified are wrong; 5. There are no facts and specific data that confirm that Yun Lian Hui can upgrade to gold diamond or platinum diamond for free. Ordinary free members of Yun Lian Hui earn points through consumption, and then receive red dot rebates.
Use red dots to upgrade to gold diamonds or platinum diamonds. In other words, on the one hand, members of the entire Yunlianhui system form a 119-layer pyramid-shaped hierarchical structure. The content also says that when members consume and sell, commissions (rewards) are given to each level.
The rewards will be reduced by 50% based on the member recommendation relationship until the score is 0.001. For example, if the lowest floor spends 10,000 yuan, the second floor will receive 5% points and 500 points will be rewarded, and the third floor will receive a rebate of about 0.12 yuan/day.
The rate is about 0.25 yuan/day, decreasing upwards by 5 to 8 times. The rebate rate is zero and has no monetary value. How to transfer the benefits from the bottom of the tower to the top of the tower as described by Yun Lianhui?
The pyramid structure is wrong; the second appraisal opinion stated: “As of May 8, 2018, Yun Lianhui has absorbed 8,962,017 members nationwide, and there are 119 layers of member recommendation relationships formed from top to bottom.
Among them, there are 7,691,704 ordinary members, 182,030 gold and diamond members, and 1,088,283 platinum and diamond members.