A, live buy things do not ship not refund belongs to fraud 1, if the live buy things do not ship not refund, generally belongs to the contract breach of contract, but if there is the intention to unlawfully take possession of the payment of the goods and intentionally signed a false contract, it can be recognized as a contract fraud. 2, for the seller's behavior, whether it constitutes fraud, depending on the subjective motivation of the perpetrator and the objective behavior, fraud requires the perpetrator to enter into a contract when you want to intentionally illegally take possession of your property, not because of the objective situation can not be supplied (for example, lack of goods, upstream does not ship, etc.). If you think the other side is malicious fraud, please write directly to the Public Security Bureau to charge materials, see whether the public security case. 3, the legal basis: The Chinese People's **** and State Criminal Law Article 266 fraud Fraud public and private property, the amount of larger, shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine; the amount of a huge or other serious circumstances, shall be sentenced to more than three years of ten years of fixed-term imprisonment and a fine; the amount of a particularly large or other particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment, and a fine; the amount of a particularly large or other particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment. or other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall be fined or have property confiscated. This Law provides otherwise, in accordance with the provisions. The Criminal Law of the People's Republic of China Article 224 Contract Fraud Any of the following circumstances, with the purpose of illegal possession, in the process of signing, performing the contract, cheating the other party's property, the amount of money, shall be sentenced to fixed-term imprisonment of less than three years or criminal detention, and or a single fine; the amount of money is huge or other serious circumstances, shall be sentenced to fixed-term imprisonment of more than three to less than ten years and shall be punished with a fine; the amount of money is particularly large, or other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of more than three to less than ten years, and shall be punished with a fine; the amount of money is particularly large, or other especially serious circumstances. And a fine; the amount is particularly large or there are other particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and a fine or confiscation of property: (a) a fictitious unit or fraudulent use of the name of another person to enter into a contract; (b) with a forged, altered, canceled notes or other false proof of property rights as a guarantee; (c) without the actual ability to perform. In order to first perform a small contract or part of the performance of the contract, to induce the other party to continue to sign and perform the contract; (d) receiving the other party to pay for goods, payments, advances, or secured property and then fled; (e) other methods of fraudulent acquisition of the other party's property.
Two, live selling fake goods how to report
1, you can go to the industry and commerce department or to the Consumer Protection Association complaint report. 2, anchor in the live broadcast with goods selling fake, consumers want to rights, you can negotiate with customer service to return. If the consultation fails, you can directly call 12315 for rights. Be sure to take up the legal weapons to protect themselves. According to the "Protection of Consumer Rights and Interests Law", consumers who buy goods through the network trading platform encountered counterfeit goods, both to the seller to claim, but also to the network trading platform to claim, but also require both to bear joint and several liability. In practice, for the convenience of rights, consumers generally choose to sue the network trading platform.
Three, live selling fake goods how to punish
1, live selling fake goods illegal income amount or other serious circumstances, may be sentenced to less than three years of imprisonment and fines; the circumstances are particularly serious or illegal income amount is huge will be sentenced to more than three years ten years of imprisonment, and fines. 2, live with fake goods is illegal, suspected of selling counterfeit goods, is required to bear criminal responsibility. The Criminal Law Article 214 stipulates that the sale of goods known to be counterfeit registered trademarks, the sale of counterfeit goods with a larger amount of illegal income will be sentenced to imprisonment of less than three years and fines, the sale of counterfeit goods with a huge amount of illegal income will be sentenced to more than three years to less than ten years of imprisonment, and fines. The above is to play the money does not ship does not refund belong to the relevant introduction of fraud, I remind you, life, if you encounter fraud cases, must be like chat records, transfer vouchers are saved, these are the evidence. If you have other legal issues, welcome to consult, we will have a professional lawyer to help you.