Second, the so-called grand prize of more than 5,000 yuan violates China's laws and regulations;
Third, the relevant provisions:
1. Article 13 of the Anti-Unfair Competition Law prohibits unfair sales operators with prizes from engaging in the following sales with prizes:
(1) Selling with prizes by fraudulent means, such as falsely claiming prizes or intentionally letting default personnel win prizes;
(two) the use of prize-winning sales means to promote the quality of goods at a high price;
(three) the sales of lottery tickets, the maximum bonus amount is more than five thousand yuan.
Article 26 of the Anti-Unfair Competition Law. If an operator who is legally responsible for unfair sales with prizes violates the provisions of Article 13 of this Law, the supervision and inspection department shall order him to stop the illegal act and may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan according to the circumstances.
Extended data:
Case: The program group sent a text message "Tell if you don't receive the prize"
Pretending to be the winning information sent by a variety show column group, using high bonuses as bait, defrauding money in the name of personal income tax, threatening the parties not to receive the prize, will be prosecuted. A fraud gang committed crimes across provinces in this way 100, and made illegal profits 1 17. 60 thousand yuan. Recently, the Procuratorate of Suining County in Jiangsu Province prosecuted six people, including Xuefeng Tang and Tang, for alleged fraud.
"Lucky Award" falling from the sky
"Congratulations! If you are chosen as the lucky one off the field by XXX plan, you will get 12. 80,000 yuan and a computer. " 20 17 65438+ 10/7 Yang Kai, who lives in Suining county, suddenly received such a short message with a link URL and an acceptance code. The Xx program was a variety show that was being broadcast all over the country at that time. However, I didn't take part in any activities, so how did I win the prize? Out of curiosity, Yang Kai clicked on the link at random, and a login page appeared, where he needed to fill in personal identification information such as login name and mobile phone number. After filling in one by one, the website really shows a list of winners, and Yang Kai's name is impressively listed. "It can be found online, and it should not be fake." Yang Kai feels very lucky.
Two days later, Yang Kai received a phone call from a strange man who claimed to be a member of the XXX variety show column group. Yang Kai won the second prize in this column. If he wants to get a bonus and a computer, he needs to pay personal income tax first. "As long as you pay 1. The tax of 280,000 yuan, the rest of the bonus will be directly remitted to your bank card, and the computer will mail it to you, but you have to pay the postage of 5,800 yuan first. " The man told Yang Kai on the phone.
Before receiving the prize, Yang Kai had to pay the money first, which made him hesitate, but considering that he would soon get a bonus of more than 100,000 yuan, Yang Kai thought it was a "good deal".
"If you don't receive the prize, you will be sued!"
Subsequently, the other party took the initiative to let Yang Kai add his WeChat. Yang Kai found that the name of the other party's WeChat used the name of the variety show, and the area where WeChat was located was also shown as "Hangzhou, Zhejiang", and Hangzhou was the recording place of the variety show, which made Yang Kai believe in the winning information.
According to the other party's prompt, Yang Kai transferred RMB 5,800 to the other party through mobile phone WeChat, and then transferred RMB 1 yuan through Alipay. 280,000 yuan. 10 minutes later, the other party called and said that the column group had remitted the remaining bonus to Yang Kai's account, but the system was overtime due to Yang Kai's failure to operate in time, and he had to pay a "system activation fee" of 20,000 yuan.
"I have no money, let me think again." Seeing that Yang Kai stopped giving money, the tone of the other party suddenly became tough: "If you don't remit money immediately, our column group will go to court to sue you for breach of contract!"
A few hours later, Yang Kai really received a mobile phone message: "Yang Kai, the column group has sued you for breach of contract. If you fail to perform the contract, you will be fined and bear legal responsibility. " The message was signed "Beijing Court". Yang Kai panicked and had to turn to his family for help. Under the reminder of his family, Yang Kai realized that he had been cheated and called the police.
Fraud gangs commit crimes across regions.
After investigation, the police found that similar cases also appeared in Guizhou, Jiangxi and other provinces and cities, which should be committed by gangs and cross-regional crimes. After investigation, the police finally locked the suspect. On March 20 17 16 and17, the police arrested Xuefeng Tang and others in Haikou and Lingao respectively.
Xuefeng Tang, a farmer in Lingao County, was 26 years old at the time of the crime. 2065438+July 2006, Xuefeng Tang met a man nicknamed "Uncle Seven" and learned that he made money through telecom fraud, so Xuefeng Tang learned from him. Under the professor of "Uncle Seven", Xuefeng Tang gradually mastered some "essentials" of fraud and bought computers, wireless network cards, USB flash drives and other crime tools. In order to make the fraud more hidden, Xuefeng Tang recruited his younger brother Tang and fellow villagers Tang Hao and Ramramramramone as "helpers".
Fraudulent gangs first buy a large number of citizens' personal information from the Internet, and then randomly send program winning fraud information with links by sending short messages on the Internet. As long as you click on the link, you will be asked to fill in detailed personal information. Gang members call for fraud according to the information filled in by the other party. If the other party doesn't send money, they will pretend to be "court staff" and threaten to sue.
From 2065438 to July 2007, the public security organs transferred six people, including Xuefeng Tang, Tang, Tang Hao, Zhao Shuai, Ramraymond and Li Chao, for examination and prosecution on suspicion of fraud, and the remaining criminal facts are under further investigation.
The prosecutor handling the case reminded that if you did not participate in related activities and received the winning information, please don't believe it. Even if you win the prize in the participating activities, the personal income tax will be withheld by the organizer, and the winner does not need to pay in advance, and there will be no case where the winner is sued for not receiving the prize.
Justice Network-The program group sends a text message "Tell if you don't receive the prize"
Baidu Encyclopedia-China People's Anti-unfair Competition Law