2065438+May 2008, Tan and Yang rented a house in Zhonglu Road, Lusong District, Zhuzhou City to set up a studio, and recruited employees to engage in online shop management and other businesses. In June of the same year, Tan used his "Camon Cat" brushing platform to organize employees to brush their bills. 2065438+February 2009, Tan, Yang and Fang established Network Technology Co., Ltd. in Hunan, and their business scope covers Internet advertising services, computer technology development, technical services, technical consultation, marketing planning and other projects. In May of the same year, Tan, Yang and Fang stopped the normal business of the company, and used the "Panda Island" brushing platform purchased by Tan to organize employees to corporatize the brushing business. The propaganda department of the three-person organization is responsible for promoting the billing platform online and recruiting businesses willing to bill to register members on the company platform. Merchants advance their own commodity principal and commission to the private account bound by the company platform in advance, and then publish the billing task on the platform; At the same time, in the name of earning money part-time, the external publicity department recruits interested brush-swipers to register as members on the company platform, and after the customer service department personnel review and pass the brush-swiper information, they receive the brush-swiping task issued by the merchants on the company platform. Brush hands buy their designated goods and pay the principal according to the business task requirements, then the business sends out empty packages or small packages to form logistics information, then brush hands perform tasks such as false praise in their online stores according to the business requirements, and then take screenshots and feed them back to the company platform for task review; After the customer service personnel review, the platform will refund the principal and commission of the goods to the platform account of the person who swipes the bill, and the company will draw half of the commission as profit. Finally, according to the cash withdrawal application initiated by the bill swiper in the platform account, the financial personnel approved it within 48 hours, and then transferred the principal of the bill swiper's "commodity purchase" and the commission obtained in proportion to the bill swiper's bank account through online banking.
2065438+September 2009, Tan, Yang and Fang merged into Kameng Cat and Panda Island. In the course of operation, three people broke the company's capital chain due to excessive consumption, and the platform * * * owed the merchants and the bill-swiper 1 10,000 yuan, which could not be cashed back. In June 5438 +2020 10, Tan, Yang and Fang closed the platforms of "Camon Cat" and "Panda Island", and then the company was dissolved. In April of the same year, three people were seized on the spot.
According to statistics, the defendants Tan Mou, Fang Mou organized employees of the company to brush their bills at Camon Cat and Panda Island for more than 4 1.224 times, with a brush amount of about 1.33 billion yuan and an illegal profit of 765,956.9 yuan.
The court of yuhu district held that the defendants Tan, Yang and Fang violated the regulations of the state on advertising management, provided services for online e-commerce, organized false transactions and made false propaganda, and the circumstances were serious, which constituted the crime of false advertising. In the end, the court made the above judgment.
■ Judge's statement ■
Article 222 of the Criminal Law stipulates that advertisers, advertising agents and advertisement publishers who, in violation of state regulations, use advertisements to make false propaganda about goods or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also or only be fined. With the rapid development of e-commerce and the continuous prosperity of online shopping market, transaction volume, credit evaluation and commodity evaluation play a self-evident role in e-commerce platform, affecting consumers' purchase intention. In recent years, the phenomenon of brushing bills on e-commerce platforms has spawned a gray industry of "professional brushing bills", which has enhanced the reputation of sellers through false transactions and false evaluations, seriously disrupted the market order, led to the phenomenon of "bad money driving out good money", destroyed the benign competitive environment, misled consumers and seriously damaged the legitimate rights and interests of consumers. People who mislead consumers by illegal means such as brushing bills will eventually pay the price. It is fundamental for businesses to operate in good faith, provide high-quality products and services and obtain equal benefits.