Entrusted others to buy lottery tickets, and won the grand prize, which triggered the issue of the ownership of the bonus, and both parties went to court. Recently, the People's Court of Haicang District, Xiamen City, Fujian Province sentenced a lottery dispute case, and the first instance decided that all the bonuses belonged to the client. In May 2022, Mr. Guo and Mr. Ke got to know each other and added WeChat to each other. The next day, Mr. Ke invited Mr. Guo and his colleague, Mr. Xie, to establish a five person WeChat group, and Mr. Guo and Mr. Xie joined two WeChat groups to buy lottery tickets. From May 7 to May 11, Mr. Ke entrusted Mr. Guo to help him buy lottery tickets with his group friends in two consecutive lottery groups through WeChat for many times. Generally, Mr. Ke will pay the lottery ticket price to Mr. Guo by sending a WeChat red envelope before the lottery. On May 14, Ke once again sent a purchase request to the five member WeChat group. Guo immediately sent his purchase intention to two consecutive lottery buying groups, and paid a total of 108 yuan to the customer service personnel at the lottery point. On the same day, the lottery results announced that the first prize in the lottery was 12.64 million yuan (42 shares in total). After deducting the personal income tax, the two shares of Ke's lottery ticket could receive a bonus of 480000 yuan. After the lottery, Mr. Ke transferred 108 yuan to Mr. Guo's WeChat account on the same day, and Mr. Guo immediately accepted the transfer. Later, Mr. Guo filed a lawsuit to the Haicang District Court on the grounds that Mr. Ke did not pay the lottery money in advance and that the lottery ticket was purchased by himself, demanding that Mr. Ke pay 480000 yuan of the lottery prize. After hearing the case, the court held that the case was a lottery dispute, and the focus of the dispute between the parties was whether Mr. Ke entrusted Mr. Guo to buy the lottery ticket or Mr. Guo bought it himself. In this regard, the court concluded that the lottery ticket involved in the case was purchased by Guo under the entrustment of Ke based on the evidence and cross examination of all parties and the court statement. In this case, before purchasing lottery tickets involved in the case, Mr. Ke asked Mr. Guo to help him buy lottery tickets through WeChat. Mr. Guo had bought lottery tickets on behalf of Mr. Ke many times before. It should be very clear that the real meaning of Mr. Ke's asking him to buy lottery tickets on his behalf is the same as before, which is to ask him to buy lottery tickets on his behalf instead of providing information for him to buy lottery tickets. Guo bought the lottery ticket and later collected the lottery money paid by Ke, forming a trust relationship between the two parties. Guo, as the trustee, should abide by the principle of honesty and trustworthiness, and handle the entrusted matters according to the content of the entrustment. The income obtained from handling the entrusted affairs for Ke should belong to Ke. Guo claimed that the lottery ticket involved in the case was purchased by him, not by Ke, which was inconsistent with the objective facts, and the court refused to accept it. The court did not support Guo's appeal that Ke should pay 480000 yuan to him as a lottery prize due to lack of facts and legal basis. ■ The judge reminded that evidence should be kept in time when entrusting others to buy lottery tickets. Because lottery tickets are anonymous and do not report losses, when citizens entrust others to buy lottery tickets, vague and unspecified instructions are likely to lead to disputes. The vast number of lottery fans need to strengthen their legal awareness, be cautious when entrusting others to buy lottery tickets, fully and accurately indicate their intention to entrust the purchase, clearly agree on the entrusted items, remuneration payment, etc., and timely retain relevant evidence, so that when disputes occur between the two parties, they can more effectively prove the facts of the case and safeguard their legitimate rights and interests. (Liu Xinshe)
Edit：Yi Bing Responsible editor：Wei Li Bin
Source：people.com.cn
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