"The mobile phones were opened by him in front of everyone, and I didn't cheat," the defendant said in the court defense. Recently, the People's Court of Fuchuan Yao Autonomous County of Guangxi Zhuang Autonomous Region made a judgment on a case of dispute over a sales contract. The defendant's business was judged to bear all the liability for compensation because the sale of second-hand mobile phones constituted fraud. It turned out that the plaintiff Hu Mouyou had been introduced by a friend to the defendant's mobile phone store for decoration. During the period, both parties reached an agreement to deduct the decoration money by mobile phone. In January 2022, Hu Mouyou ordered a Glory mobile phone and a Huawei mobile phone at the defendant's store, with a total value of 14499 yuan. After the arrival of the mobile phone, both parties will open the envelope face to face. However, after using it for a period of time, Hu Mouyou found that the maintenance service period of the Glory Mobile Phone and the estimated warranty period of the Huawei Mobile Phone Electronic Three-Guarantee Voucher were less than one year, and the Huawei Mobile Phone real-name authentication information was another person, so he complained to the County Market Supervision and Administration Bureau, and demanded a refund of one and three for the defendant's fraudulent behavior. In October of the same year, the two parties filed a lawsuit to the court because they could not reach a mediation agreement. How to determine the "new phone" of mobile phone? In order to verify whether the mobile phone is a new one, the Fuchuan court obtained relevant evidence ex officio. And according to the relevant provisions of the "three guarantees period of validity of the mobile phone host is one year" in the National Provisions on the Responsibility for the Repair, Replacement and Return of Mobile Phone Products, the court held that the mobile phone purchased by Hu Mouyou at Chen Mou is not a new one. Does the defendant's business constitute fraud? According to the provisions of Article 20 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers, "the business operators shall provide consumers with information about the quality, performance, use and validity of the goods or services, which shall be true and comprehensive, and shall not make false or misleading propaganda." When selling mobile phones, the defendant businesses did not truthfully and comprehensively inform the mobile phone information, and sold the mobile phones used by others to Hu Mouyou as new phones, Its behavior constitutes fraud. How to compensate for the losses of both parties? First of all, according to Article 148 of the Civil Code of the People's Republic of China, the fraudster has the right to request the people's court or an arbitration institution to revoke the civil legal act committed by one party against the other party's true intention by fraudulent means. In this case, the plaintiff Hu Mouyou and the defendant merchant did not sign a written sales contract, but the behavior has formed a sales contract relationship. Due to fraud in the sales, it should be revoked according to law. Secondly, according to Article 157 of the Civil Code of the People's Republic of China, after a civil legal act is invalid, revoked or determined to have no effect, the property acquired by the actor due to the act shall be returned; If it is impossible or unnecessary to return, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses incurred thereby; If all parties are at fault, they shall bear corresponding responsibilities. If the law provides otherwise, such provisions shall prevail. According to law, the plaintiff Hu Mouyou should return the mobile phone to the defendant's business, and the defendant's business should return the purchase price and compensate Hu Mouyou for the corresponding losses. Finally, according to the provisions of the first paragraph of Article 55 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers, if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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