How should the victim be held accountable? A headmistress in Luzhou defrauded 50 million yuan, of which 30 million yuan was used for online games. According to the current lawyer's opinion, the money can't be refunded, mainly because the online game company got the money, but in fact they didn't know it at all. In the legal definition of our country, they belong to the uninformed bona fide third party, so they cannot harm their own rights and interests in order to protect their own rights and interests. Let's discuss this matter with you today and how to solve it in the end.
First, how did this happen? The headmistress's personal experience is quite rich. She has been a legendary child of others since she was a child, and she is excellent. After graduation, he worked as a teacher for a while, then resigned and joined an education group. It was in this education group that he became an executive and began to publicize some business projects of his company to people around him and raise funds. But after several years of financing, the victim couldn't see the payment, so she called the police. Then at this time, the headmistress committed suicide directly.
Second, money can't be returned directly. Judging from the data released by the police at present, in the past ten years, criminal suspects have defrauded nearly 50 million yuan, including 30 million online recharge and about 6.5438+million offline. Among them, 30 million yuan of online recharge is basically spent on a game, and the operator of this game actually does not know that this is illegal money. Therefore, according to the laws of our country, money cannot be directly returned.
Third, what do you think this time? In fact, it can be seen from this incident that investment is indeed risky. At that time, these victims chose to believe that they were principals out of trust and believed in the projects invested by their company, but they didn't know that the money was taken out by him in his own name and put into the game, so I hereby advise everyone to be cautious in investing.
Victim: I hope the game will give a statement. Jiangyang District Branch of Luzhou Public Security Bureau filed an investigation on the case of Tong suspected of contract fraud, believing that there were criminal facts. He said that on May 3 1 this year, he met with the children and asked for money. After Tongmou committed suicide that day, she wanted to ask her husband Li Moumou for money, but the other party only appeared when they were eating and did not sign a contract.
All the victims didn't expect that most of the 50 million children cheated were used to recharge the game Datang. According to media reports, Tong has raised a team in online games. According to a merchant who recharged her game, she started playing this game on 20 14. Starting from 20 18, Tongmou recharged the game 10 by him, and even set up a game team named "Taoruo".
Rechargers admit that children are generous, paying for 4-5 substitute thugs all the year round, and all the millions of rewards in team competitions are distributed to the players. Another veteran player of Datang said that if Tao became famous in the game, the average annual profit of his training team was conservatively estimated to be several hundred thousand yuan.
Jiangyin Branch of Luzhou Public Security Bureau said that it is now ready to withdraw the case. Zhang Yin said that she had been to Jiangyin Branch of Luzhou Public Security Bureau on February 2, 65438, and the other party claimed that she would not drop the lawsuit for the time being. She appealed at the end of the net post, hoping that the game company can save dozens of families out of humanitarianism and give the victims a statement.
Lawyer: The victim has no right to ask the game company to return the manual customer service that the reporter tried to contact the game "Datang Wu Shuang", and no one answered the phone. The reporter contacted the customer service of Tian Li Education Group, but no response has been received as of press time.
Liu Kai, a lawyer of the law firm, said that the part of the crime proceeds used for game recharge is a kind of consumption behavior with consideration, which meets the conditions of bona fide acquisition, and the victim has no right to ask the game company to return it. It is a consumption behavior that the proceeds of crime are used to recharge the game. The game company can't know in advance whether the player uses the stolen money to recharge the transaction, and the player uses the service provided by the game platform after recharging.
Therefore, under the condition of market economy, in order to encourage trading and avoid unsafe factors, the legitimate rights and interests of bona fide third parties should be safeguarded when conducting normal transactions with actors without the knowledge of game operators.
Lawyer Liu Ming, executive director of Hunan Ruibang Law Firm, analyzed that according to Article 3 1 1 of the Civil Code, female teachers suspected of fraud recharged the game after defrauding others' property and used the services provided by the game platform. The game platform should be regarded as an uninformed bona fide third party, and the platform has obtained the corresponding property through bona fide acquisition. "The victim has no evidence to prove that the game platform defrauded the female teacher's property.
Game addiction is like taking drugs. Once you get it, it's hard to quit. Therefore, if a family member has Internet addiction, we must give priority to prevention. It's best not to let your family have too much contact at the beginning. Tell your family about these real cases of Internet addiction, let them know about marketing routines, take them outdoors more, communicate with friends and family in the real world more, let him know that he is a person who is needed and recognized by the real world, and then gradually help his family stay away from games and embrace the real world.