"Empty bag" express order number has become a criminal tool
2022-06-14
In march2020, Mr. Lin, a citizen of Wuxi, Jiangsu Province, purchased a mobile phone online. The website showed that the mobile phone was delivered. A few days later, it showed that "it was collected by the doorman". Mr. Lin was puzzled about this. There was no doorman at the address where he placed the order, and the mobile phone that showed that it was signed for was not found yet. Mr. Lin contacted the seller, but the other party didn't reply, so Mr. Lin called the police. Recently, the people's Court of Liangxi District, Wuxi City, Jiangsu Province pronounced a judgment on the case of "empty package" of express delivery. The defendant, Mr. Li, was once engaged in express delivery. He came into contact with an online shop seller who bought the express delivery order number for bill swiping. Mr. Li thought it was profitable, so he started the idea of reselling the "empty package" express delivery order number. Since november2018, Mr. Li has successively established several "empty bag" sales websites, set up companies, and recruited Mr. Chen, his relative Xiao Li and others to maintain and operate the websites. Meanwhile, according to others' introduction, Mr. Li gradually established long-term cooperative relations with some express companies. With the growing business, the number has increased to about 200000 orders per day. Mr. Li purchased the express order number from the upstream express company and imported it into the "empty package" website for sale. The seller of the downstream online store registers and purchases the "empty package" Doc No. on the "empty package" website, and fills in the false customer receipt and shipment information in the "empty package" Doc No. by himself. The website operator Xiao Li and others export the customer purchase doc No. and the corresponding false customer receipt and shipment information in batch in the background, and then send them to the staff of the express company involved in the case. Finally, the false receipt and shipment logistics records are automatically generated in the logistics system of the express company, Thus, a false sales record was formed, from which Li earned a price difference. Mr. Li said that there were neither real packages sent out nor door-to-door collection, receipt and delivery of couriers, but logistics information could be queried on the network. In practice, some online shop sellers will confuse the "empty package" order number with the logistics information of the real buyer. For example, in the case of Mr. Lin, the online shop mistakenly filled Mr. Lin's information into the bill swiping system. In view of this situation, Li also set up an after-sales link to deal with such disputes. It is generally said that there is a mistake, and the shipment will be rescheduled immediately. Most buyers will not go deep into this. Mr. Lin's whole logistics process is clear and can be checked, but he did not receive the package, and it also ruled out the situation of agent claim and fake claim. The police found that the sender's name of the express was false, and the telephone number was also empty. Behind it was a new network crime industry chain. In July, 2020, Mr. Li was arrested by the police handling the case and explained the criminal facts of his "empty bag" business. So far, Mr. Li, the employees of the company and the relevant personnel of the express company have been arrested. The court found that from November, 2018 to July, 2020, the defendant Li, alone or together with Xiao Li and Chen, purchased "empty package" express orders from multiple express companies, sold "empty package" express orders on the "empty package" express order sales website established and operated by him, or directly sold them to lower level agents. Li made an illegal profit of more than 6.8 million yuan, Xiao Li made an illegal profit of 50000 yuan, and Chen made an illegal profit of 20000 yuan. Related personnel of the express company, Mr. Li, Mr. ou and Mr. Cai, together with others, used the information network to set up a website for the implementation of illegal and criminal activities. They published information for the implementation of illegal and criminal activities. By selling "empty bag" express delivery orders, Mr. Li illegally earned more than 3.2 million yuan, Mr. Ou more than 950000 yuan and Mr. Cai more than 80000 yuan. After trial, the court held that the above six persons constituted the crime of illegally using the information network, and were sentenced to fixed-term imprisonment ranging from two years to four months of criminal detention, with suspended sentences and fines ranging from 500000 yuan to 10000 yuan. The illegal gains were recovered. ■ the judge reminds ■ Li Peng, the judge in charge of the case, said that the popularity of online shopping made the express industry expand rapidly. Some criminals will sell express delivery orders and send "empty package" express, and use "empty package" express bill swiping as a new profit-making means. To a certain extent, a grey industrial chain of "empty package" express delivery order sales, resale and agency delivery has been formed. Among them, the operators of online stores purchase "empty package" express delivery orders and create false logistics information, resulting in the illusion of large sales and high praise rate. Fictitious product sales volume may deceive and mislead consumers, damage the interests of other online stores, and also damage the e-commerce reputation system and platform operation rules; There are also online shop operators who, in order to combat their competitors, maliciously brush off the bad comments of their peers, damaging the normal production and operation of others. To a certain extent, the above-mentioned acts may constitute crimes such as false advertising and sabotage of production and operation. In addition, some criminals even use "empty package" express as a new criminal tool to carry out criminal activities such as fraud and money laundering. The employees of express companies have sold out a large number of real express delivery orders as the source of the industrial chain, and the "empty package" express operators have become the key links of the industrial chain, providing a trading channel. To strengthen the management of "empty package" express delivery, it is necessary to maintain a high-pressure situation, investigate and deal with "empty package" express illegal websites according to law, and crack down on express order number trafficking at the source; We should also focus on strengthening the governance of the express logistics industry and the Internet industry, urge express enterprises to respect the rules, abide by the bottom line, standardize their operations, increase the punishment for false transactions of online e-commerce, and standardize the business behavior of e-commerce platforms and express companies from the source, so as to effectively protect the legitimate rights and interests of consumers and maintain the benign operation of the industry. (outlook new era)
Edit:sishi Responsible editor:xingyong
Source:http://rmfyb.chinacourt.org/paper/html/
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