Second anniversary documentary
Every winter will always pass and spring will always come; When dark clouds cover the sun, light will still come.
3354 recorded Li Anyun new york who cried and didn't give up.
1. After Guangdong Yunlianhui Company was seized, Yunlianhui participants have been appealing continuously, and the contents, professionalism, legal channels and duration of the appeal are surprising.
(1) reported the situation to the Supreme People's Court, the inspection team and other higher authorities by phone or letter, and thought that Yunlianhui's operation mode benefited the country and the people, which was a normal e-commerce behavior.
Extract some core ideas:
1. Yunlianhui will share its 16% service fee with all participants. Even if you give away grade points, it is a legal way to distribute your legal property. There is no fraud or violation of the interests of others. There are no victims, only beneficiaries;
2. When members register, there is a clear electronic agreement to inform them of the operation manual of the public system, and they can freely choose 99 yuan, whether to upgrade at 999 yuan or not, and they can freely refund their fees, so there is no problem of pyramid schemes pulling in membership fees;
3. The Yunlianhui model itself does not have the so-called "head-pulling" MLM support. According to the data commented by Guangzhou Public Security Bureau, Yunlianhui Company * * * collects/kloc-0.6% of the venture sharing fund, that is, the merchants pay 20.8 billion yuan, the membership fee is 780 million yuan, the agency fee is 2.35 billion yuan, and the equity profit is 300 million yuan. The withdrawal fee is 65.438+69 million yuan. Membership fee ratio: 780 million yuan, total income (208 7.8 23.5 3) 1 100 million yuan =3.2 1%. Therefore, the upgrade fee of 3.2 1% is very small in Yunlianhui's total revenue, which is not in line with the characteristics that MLM relies directly or indirectly on the number of developers as the basis for payment or rebate;
4. It is considered that Yunlianhui's consumption return model is reasonable in design, and it will not collapse after scientific argumentation and four years of practical operation. It cannot be assumed that the capital chain is broken and attacked by pyramid schemes.
6. Even if there is a local team salary of Yunlianhui model, it is not the scope of criminal law. The criminal law cracked down on pyramid scheme fraud pyramid scheme, mainly charging "entry fee" and "attraction".
(2) Guangdong Xinzheng Judicial Office, which provided electronic data appraisal for Yunlianhui case, reflected that its appraisal opinions were not objective and true, and it was suspected of illegal appraisal.
Extract some core ideas:
On June 1.20 19 10 sihong county people's court 20 19 broadcast the trial of su 162 preliminary judgment 162. In the cross-examination session, lawyer Zhao pointed out that in the public trial of the chairman of Yunlianhui legal person, two appraisers in Xinzheng publicly admitted when answering the cross-examination of expert assistants: "They could not identify the pyramid structure of Yunlianhui, but the entrusting organ asked them to write like this;
2. The number of referees changed in the system and the number of people who cancelled their accounts and refunded fees have not yet been determined.
The operation manual and customer service file published by Yunlianhui show that the recommender can modify it. Since all referees can be revised, it cannot be proved that the defendant plays a key role in the development of the following members; However, Yunlianhui members can freely withdraw from the meeting and refund their fees, and it is impossible to prove that the defendant induced or coerced the participants to pay the membership fee to obtain membership. The appraisal data does not identify any favorable data that can prove that it is not pyramid schemes for these public facts, and the appraisal data is not comprehensive, objective and untrue;
3. In the appraisal opinion, there are no rewards and kickbacks obtained by the defendant through the following levels, and the illegal profit data are confused with the cash withdrawal data, lacking data support for defrauding property;
4. In the case that one person can register multiple accounts, a large number of virtual ID accounts of Yunlianhui are deliberately identified as pyramid sellers who can only be natural persons. Obviously, the number and level of accounts identified are wrong;
5. There are no facts and specific data to show that Yunlianhui can upgrade gold diamonds or platinum diamonds for free.
Yunlianhui ordinary free members get points through consumption, then get red dot rebate, and then use red dots to upgrade to gold diamonds or platinum diamonds. That is to say,
On the one hand, the members of the whole Yunlianhui system form a pyramid-shaped hierarchical structure with 1 19 layers. The content also says that when members consume and sell, the commissions (rewards) at all levels will be reduced by 50% according to the recommendation relationship of members until the score is 0.00 1. According to the appraisal opinion, for example, the lowest floor consumption 10000 yuan, the second floor gets 5% points to reward 500 points, the third floor gets about 0.25 yuan/day, and the rate of return is about 0. 12 yuan/day, which is 5 to 8 times higher. The tax rebate rate is zero and has no monetary value. How to transfer benefits from the bottom to the top of the tower at 1 19? Simple arithmetic shows that it is wrong to describe Yunlianhui as a pyramid structure in identification.
The second appraisal opinion said: "As of May 8, 20 18, Yunlianhui had absorbed 89,62017 members nationwide, and the member recommendation relationship formed from top to bottom has 1 19 layers. Among them, ordinary members are 769 1704, gold diamond members 182030 and platinum diamond members 1088283. * * * Membership promotion fee 1089866439.75 yuan, agency fee 40338609186 yuan, training fee 10480276.72 yuan and start-up fee 5334256544 yuan. Among them, the accumulated expenditure of venture capital funds is 39,835,736,5438+0,659.72 ". From the above data, it can be clearly seen that the membership upgrade fee charged by Yunlianhui totals about 654.38 billion yuan, while the accumulated expenditure of venture capital funds is about 4 billion yuan, which is much larger than the membership upgrade fee charged, which is inconsistent with the admission fee of MLM as the main profit means. In other words, the appraisal only proves that the membership upgrade fee of Yunlianhui is not the admission fee of MLM.
7. Quote the lawyer's cross-examination opinions on Xin Zheng's judicial expertise.
(1) thinks that Xin was illegally examined and identified.
1) The materials submitted in the appraisal opinion are illegal, and the appraisal materials are based on the electronic data obtained by Guangzhou Public Security Bureau through illegal hacking technology. Technical investigation measures are illegal without approval.
2) The test data of the appraisal opinion is as follows: "A CD contains four compressions.
File, 1 EXCEL file and 2 WORD documents ". However, according to the work record of remote exploration of physical evidence, 10 files were imported and saved, but 7 files were transferred, and the names of the transferred files were inconsistent with those of the electronic data files obtained by remote exploration. The 1 EXCEL file and two WORD documents were not electronic data files obtained by remote exploration. There must be explanations on data statistics, data identity and other issues, so judicial expertise cannot be used as the basis for finalizing the case.
4) The evidence of the electronic data involved is incomplete, and the collected electronic data integrity and identity evidence are not transferred with the case, which violates the Provisions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Collection, Extraction, Examination and Judgment of Electronic Data in Criminal Cases.
(2) Identify Xin Zheng's identification procedure as illegal.
1) The appraisal institution has seriously violated the regulations in the appraisal procedure and failed to check the integrity of the samples and copies used in the appraisal.
2) The samples on which the appraisal is based have not made electronic data copies, and shall be transferred with the case.
3) The appraisal conclusion is wrong, and the national standard and ministerial standard are not given priority. If the national standards and ministerial standards are adopted, the hierarchical relationship cannot be obtained according to the appraisal methods and basis of the appraisal opinions.
(3) It is considered that Xinzheng's electronic data certification qualification is illegal.
1), which has no laboratory certification reviewed by China National Accreditation Committee for Conformity Assessment (CNAS). Its conclusion is not authoritative, authentic and objective.
2) The qualifications of the two judicial appraisers who made the appraisal opinions did not meet the requirements of the law for judicial appraisers of electronic data, and one of them had no senior professional title and no relevant work experience for 5 years.
It is understood that Guangzhou has a special credit card group to visit the site and put forward various demands.
(3) Report to Yunlianhui Company the "Haizhu District Industrial and Commercial Investigation Closing Report" which concludes the suspected pyramid selling behavior.
Citing the public broadcast of the trial website, during the trial of the people involved in the Yunlianhui case, the lawyer cross-examined that the investigation conclusion report had no official seal and no signatory's signature, and the date of the report was inconsistent with the content, which was obviously untrue.
A large number of Yunlianhui members participated in the appeal, but they still did not give up the appeal after receiving the reply from Haizhu District Market Supervision Bureau.
(4) Go to the People's Court of Haizhu District, Guangzhou, which is the competent court to hear the case of Yunlianhui Headquarters personnel, and propose to disclose the trial video of Chairman Huang Ming; Submit an application for the timely closure of the Huang Ming case and the lifting of compulsory measures.
Extract some core ideas:
1, requesting that the video of the trial in Huang Ming be made public, which is conducive to eliminating speculation and understanding the truth;
2. It is considered that Article 51 of the Criminal Procedure Law stipulates that "those who may be sentenced to fixed-term imprisonment or more and get a bail pending trial will not cause social danger", and they can get a bail pending trial in the people's court;
3. In the Yunlianhui case, the lawyer's cross-examination during the trial reflected that the facts that the parties were suspected of organizing and leading pyramid schemes were unclear, and the evidence was insufficient. In particular, Xin Zheng's key judicial expertise opinions were suspected of violating the law, and all the evidence filed could not exclude reasonable doubts and could not reach a unique conclusion;
4. As an innovative economic model, the parties involved in business operation and consumption rebate can do whatever they want. If the defendant cannot be completely proved guilty, it shall be handled in accordance with the principle of benefiting the defendant.
5. Many domestic legal experts, led by Professor Gao Mingxuan, a people's educator, have given expert legal opinions on Yunlianhui's business model and its participation in Yunlianhui's business activities, arguing that it does not constitute the crime of organizing and leading pyramid schemes;
6. If the chairman Huang Ming is suspected of organizing and leading pyramid schemes, whose property he cheated, how much property he cheated, and where the specific social harm is;
7. Huang Ming has been detained for over two years. It has been more than 1 year since Haizhu District Court accepted the case in April/9. Haizhu District Court failed to close the case within the statutory time limit, which belongs to extended detention. In accordance with the law, he should be acquitted or change compulsory measures into bail pending trial or residential surveillance.
It is understood that a large number of Yunlianhui members went to the Haizhu District Court and proposed "requesting the disclosure of President Huang Ming's trial video; As well as the timely conclusion of the Huang Ming case and the application for lifting the compulsory measures ". After submitting the information, these people usually take a short video at the scene and firmly read out "Yun Lianhui is not guilty, Huang Ming is not guilty."
(5) Reflect that the personnel involved in Yunlianhui have been detained for an extended period of time, and claim that the personnel involved in Yunlianhui are not guilty.
Its specific measures:
1, most cities in various provinces spontaneously agreed to write a large number of letters to reflect the situation.
This is the most shocking behavior of Yunlianhui members, so it is recorded in the first item of specific measures. According to conservative estimates, millions of letters have been reported to higher authorities all over the country, and live videos of letters have been posted all over the country, including many touching stories. Some letter-writing teams have driven a large number of people, so I won't say much here. The contents of some letters are summarized as follows:
A summary of a letter; What privileges does a Xianning Administration for Industry and Commerce have? Guangdong Yunlianhui Network Technology Co., Ltd., thousands of miles away, went to Vietnam to carry out leapfrog punishment. We ordinary people are dissatisfied with several points. 1. Xianning Administration for Industry and Commerce, as the administrative department for industry and commerce, should be familiar with the "Chapter II Jurisdiction" stipulated in Order No.28 of the State Administration for Industry and Commerce and the administrative punishment procedures of the administrative departments for industry and commerce: Article 6 The administrative departments for industry and commerce of counties (districts) and cities (prefectures) shall exercise jurisdiction over cases within their respective jurisdictions according to their functions and powers. Article 7. The specific authority of the administrative department for industry and commerce to impose administrative punishment in its own name in accordance with laws and regulations shall be determined by the provincial administrative department for industry and commerce. However, compared with the punishment procedure of Xianning's industry and commerce, typical industrial and commercial enterprises in Xianning misbehaved and neglected their duties, characterized Guangdong Yunlianhui Network Technology Co., Ltd. as pyramid schemes without authorization, applied to Xianning Public Security Bureau to freeze the company's deposits and other funds in the accounts of financial institutions, and then imposed administrative punishment: 1 Confiscation of illegal income of 23777790 1 yuan, and 2. A fine of 6538. Who gave Xianning the privilege of law enforcement in different places; 2. Their behavior was supported by the People's Court of Xian 'an District, Xianning City, Hubei Province, and a final ruling was made against Guangzhou Yunlianhui Network Technology Co., Ltd. for compulsory execution. A large number of Yunlianhui members have written to the Hubei Provincial Administration for Industry and Commerce, the Commission for Discipline Inspection, the National People's Congress, and the Letters and Calls Office to reflect this situation, but they have never seen the documents to revoke the ruling. A district court made a final ruling when it was clear that Huang Ming, a legal person of Yunlianhui, was detained and could not respond to the lawsuit, and whether the Yunlianhui case belonged to pyramid schemes was uncertain. In addition, the district court of Hubei Province in different places has the right to make a final ruling on the company in Guangzhou, Guangdong Province.
Summary of Letter 2: Thank you for opening this letter, because the information is always asymmetric, so this letter may contain a lot of information that you don't know yet. I hope you can read it carefully and it will be beneficial to you:
Yunlianhui does not constitute pyramid schemes, and the facts have been fully proved; A large number of live videos of court trials and the arguments of nine top judicial experts, including people's educator Professor Gao, have become social knowledge. At the same time, the policy of protecting private enterprises, which is constantly introduced by the state's top management, has gradually taken root in people's hearts. As the president of the court who holds the judgment of one party, he should know and abide by the law, take facts as the basis and take the law as the criterion, quickly end this case of wasting judicial resources in your hospital and release the parties without guilt as soon as possible.
Many letters, clear thinking and strong awareness of rights protection all indicate that this is an era of judicial reform and the awakening of citizens' legal awareness.
For example, the early collection of the decision not to prosecute without change, No.24 [20 19], the so-called total number of offline parties 1698, cash withdrawal of 244,000 is exempt from prosecution. The reason for not prosecuting is that the facts are unclear and the evidence is insufficient; After that, it collected the Decision of Not Prosecuting the Parties in Yunlianhui Case made by the Procuratorate of Heishan County, Jinzhou City, Liaoning Province on 20 19 No.3. The non-prosecutor is the chairman of the first-class agency company in Liaoning Province, involving more than 4,000 members and withdrawing more than 200,000 yuan. Reasons for non-prosecution: the facts of the crime are unclear, the evidence is insufficient, and the conditions for prosecution are not met; And collected a large number of cases of non-prosecution of Yunlianhui on 12309 procuratorial public website; In 2020, documents were collected from the local court to suspend the trial of the Yunlianhui case.
This team has greatly calmed the panic of the family members involved, and the documents and materials provided have successfully contributed to many cases in which the people involved in Yunlianhui were released on bail pending trial and not prosecuted, which also greatly reduced the workload of lawyers.
3. Millions of Yunlianhui members firmly believe in the country and the party; We have always adhered to reasonable and legitimate demands, and there have been no mass petitions.
Yunlianhui mode belongs to the Internet innovative e-commerce mode, and a large number of members participate in Yunlianhui with the enthusiasm of "mass innovation and mass entrepreneurship". After the collapse of Yunlianhui Company, many merchants and members who participated in the platform suffered heavy losses. However, under the guidance of daily broadcasts such as "Voice of the Cloud" and "Good Voice" and correct examples such as a brother, a sister, an army, a god of war, a flower, an encyclopedia, mood, fluttering, and group owners, millions of Yunlianhui members endured temporary grievances and always firmly believed in the country.
Imagine a business, a person in charge of the business. If a group of people with high quality and strict discipline never leave, it is hard to believe that this is a criminal organization.
Second, the confusion of different judgments in the same case of Yunlianhui, the common people can't understand this phenomenon, and the simple concept of fairness and justice has been respected.
1. The personnel of Yunlianhui Headquarters have not been tried, but the local Yunlianhui agents or members have been sentenced or dismissed or not prosecuted. Based on the same facts and laws, the results are quite different.
Case 1: In the case of Yang, the judgment of the Tunchang People's Court (20 18) No.9022, the suspect was not Yun Lianhui's agent, but only an individual member of Yun Lianhui. At the hearing, the defense lawyer pointed out that according to the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Organizing and Leading MLM Activities [20 13], the main body of the crime of organizing and leading pyramid selling activities is the organizer and leader of pyramid selling activities. All kinds of evidence show that:
(1) Yang is only an individual participant, not the person who initiated the planning and manipulation of Guangdong Yunlianhui Company.
(2) Yang is not the person who plays the role of management and coordination in Guangdong Yunlianhui Company.
(3) Yang did not undertake publicity and training duties in Guangdong Yunlianhui Company.
(4) Yang has not received criminal punishment or administrative punishment for organizing and leading pyramid selling activities.
Most importantly, it is incredible that the same law has different judgments on the same case across the country. Some people involved in Yunlianhui from different regions served their sentences in prison, but the number of people involved and the number of people who quit were several times higher, but they could not be prosecuted. This phenomenon makes people think deeply. I remember someone saying: "The typical feature of an unjust case is that the same case will have irreconcilable different judgments" and whether the case of Yun Lianhui is the same is left to history to prove.
Third, the current situation of Yunlianhui participants
The data shows that there are more than one million merchants and platinum diamond members on Yunlianhui platform. After the incident, the author did not see the cases in which members and merchants sued Yunlianhui Company one after another, and found the existing trial video of Yunlianhui case. The author also found no cases in which MLM victims appeared in court to accuse Yun Lianhui. I have been to many cities in the past two years, and I can't find "you spend, I return happily;" Consumption equals saving money; " And the grand occasion where the merchant plaques of Yunlianhui Alliance can be seen everywhere. However, many Yunlianhui WeChat groups are still active because of Yunlianhui, and there is anger in the group. For example, the detention of Yunlianhui participant Ma Ruqiang delayed his illness. There is also the belief that everyone saves money, collects postage and sends letters; There is a lot of warmth of mutual help, and everyone still firmly believes that Yunlianhui will definitely come back one day.
Why does a business model, after being destroyed by the judiciary, still make people full of feelings for the model, although it has suffered huge losses? Has the judiciary ever thought about why people are like this? Have millions of people who participated in Yunlianhui been brainwashed by pyramid schemes?
Fourth, the media and Weibo users questioned the Yunlianhui case.
Verb (abbreviation of verb) spring breeze of policy
Under the current situation, there is a constant spring breeze of policies for private enterprises, especially in the legal aspect, and many policies and documents have been issued to protect private enterprises. The general view of Yunfen is: "Don't wait for it. As long as Chairman Huang Ming doesn't come out, you will appeal."
Present situation of Huang Ming, chairman of Yunlianhui, an intransitive verb
On July 29th, 20 19, Huang Ming's case was heard in Guangzhou Haizhu District Court. So far, there is no public video of the trial, and Huang Ming himself has been forcibly detained and is in good health. It is reported that Huang Ming, the chairman who is a lawyer, insists that he is innocent. One of his defense lawyers is Wu Jianping, who once defended Zhang Wenzhong, the chairman of Wumart Group, a famous unjust case in China. It is understood that on the day of the trial in Huang Ming, the forensic expert who appeared in court was one of the five well-known computer data experts in China, and he conducted a strong cross-examination on the forensic identification of the key evidence Xin Zheng. The appraiser of the live video connection truthfully explained the situation and its exposed problems. As mentioned above, in the trial of case No.20 19 Su 1324, lawyer Zhao was in the Sihong County People's Court. Lawyer Wu followed the principle of "legally prescribed punishment for a crime, and never suspected a crime" and made a detailed and innocent defense.
I hope that the case will be acquitted as soon as possible, and I wish the participants of Yunlianhui in the world will eventually be full of laughter. If Yunlianhui is finally innocent, it will be the spring of real private enterprises.
Written on May 30th, 2020.
Bless Lianyun people! Come on!
New york Litigation Service Section
Related question and answer: I heard that Yunlianhui can spend money for free, right? Yes, Yunlianhui can get a rebate. There are many kinds of consumption, and you can get a rebate for shopping on it, with a rebate of five ten thousandths per day. And the things on it are not expensive. Related questions and answers: "Yunlianhui" has been blocked, can the money invested be returned, and how? Yunlianhui is a pyramid scheme Although I have heard that Yunlianhui is not a pyramid scheme without victims, it is really ignorance of criminal law. MLM activities have nothing to do with the tax payment of the MLM organization itself, and the criminal law does not say that paying taxes can prove that the enterprise is legal. In many MLM companies, enterprise registration is legal, but the business activities carried out are illegal, and the person in charge will be punished.
In pyramid selling activities, participants themselves are victims, but they often change from victims to perpetrators and disseminators. Therefore, once someone joins the club, he becomes a victim, and the funds returned every day are filled and operated by the funds of the next member, and the promotion of sub-commission becomes a criminal communicator.
It is suggested that the questioner bring your transaction records, identity account information and profit amount in Yunlianhui to the local police station to explain the situation. See if you can spread your so-called innovation and justice here.