The lawyer said that complaining to the China Consumers Association was Huang Jing's action of fraudulently using the engineering sample CPU for ASUS notebooks. Huang Jing himself sued ASUS to protect his reputation and demanded compensation. It is reported that the amount of state compensation in jing wong is also expected to be announced in the near future. Lawyers told reporters that most people who know about Huang Jing's plan to ask Asustek to pay one yuan do not support it, thinking that the punishment is not strong enough, which is not conducive to consumers' rights protection in the future. Therefore, the compensation scheme needed when suing ASUS needs further discussion between lawyers and Huang Jing.
● "blackmail ASUS case"
Consumer Huang Jing bought an ASUS notebook computer on February 9, 2006, and there were many abnormal phenomena during the use. Huang Jing entrusted his agent to negotiate with Asustek for many times, and Zhou Chengyu, the agent, proposed that Asustek pay 5 million dollars. Asus reported extortion. On March 7, 2006, the parties Huang Jing and Zhou Chengyu were criminally detained and arrested.
Huang Jing was detained in the detention center 10 months later, on 2007 10 9, Haidian District People's Procuratorate decided not to prosecute Huang Jing on the grounds of insufficient evidence. Huang Jing is going to sue ASUS further. 654381October 29th, when Otellini, President and CEO of Intel Corporation, gave a speech in Peking University, Zhou Chengyu took the stage to protest.
Huang Jing: Clear the wrongs.
I must get out of here alive.
The heroine in the "blackmail ASUS case" confided her heart for the first time.
Because of a laptop, Huang Jing spent 10 months in a detention center on suspicion of extorting $5 million from ASUS. Later, he was found not guilty by the procuratorate. Why did Huang Jing claim $5 million in the first place? What's life like in the detention center? Huang Jing's true thoughts, protected by his mother and isolated from the world, have never been known. After many twists and turns, yesterday, Huang Jing recalled the painful past when he talked about it.
In the detention center: I gave up the idea of suicide in order to clear my mistakes.
I was helpless there. I can't sleep at night, and when I close my eyes, I think of the past. Every day passes slowly. I was desperate and thought about suicide. But then I gave up. I did it for my mother.
Reporter (hereinafter referred to as "reporter"): Why do you claim $5 million? This amount will really make people feel like a lion's mouth.
Huang Jing (hereinafter referred to as "Huang"): They are among the top 500 enterprises in the world, with a considerable annual turnover. We will make punitive compensation according to 0.05% of their annual turnover, and the compensation will be used to set up an anti-fraud foundation.
Reporter: ASUS called the police. Are you scared?
Huang: Not really. Fear is certain, but the result is too unexpected for me. The police said we blackmailed them (ASUS). Since then, I have never left the detention center.
Reporter: Do you regret making a claim?
Huang: Yes, I was thinking about it when I was in the detention center. My life would be different if I hadn't asked for compensation. Now I deeply understand what is confusion. Sometimes I'm really happy to be cheated.
Reporter: What do people in the detention center think of you?
Huang: I am strictly controlled. Everyone treats me like a felon, and some even advise me to confess.
Reporter: How did you spend your days in the detention center?
Huang: It's very helpless there. I can't sleep at night, and when I close my eyes, I think of the past. Every day passes slowly. I was desperate and thought about suicide. But then I gave up. I did it for my mother. At that time, I missed my family very much. During the 10 months in the detention center, I never met my mother. More importantly, I must get out alive so that I can correct my mistake one day.
Freedom: I can't walk out of the shadows all my life.
I have been trying to adjust myself to face the reality now. I seldom go out and usually stay at home. I still can't stop thinking about the days I spent in the detention center. I often have a headache, and when I think about it, I get very upset. Because of this, I am sure I will never get out of the shadows.
Reporter: You must be very happy when you learn that you are innocent and can go home, right?
Huang: I feel that I can't say it, and I can't be happy. Don't know why. I didn't say anything when I saw my mother. She just called me by my nickname, so I hugged her and cried. My mother understood me very well, and she rarely mentioned it later, and she didn't comfort me much.
Reporter: She must be afraid that you will get hurt again.
Huang: My mother is very worried about me, so she never meets reporters because I can't control my emotions. I have been trying to adjust myself to face the reality now. I seldom go out and usually stay at home. I still can't stop thinking about the days I spent in the detention center. I often have a headache, and when I think about it, I get very upset. Because of this, I am sure I will never get out of the shadows.
Reporter: What do you do when you go home?
Huang: I usually read books at home and seldom surf the Internet, so I can't keep in touch with my former friends. Because I tried to contact a former best classmate, but I obviously felt a strange feeling during the chat. I can't stand what others think of me. They all regard me as a criminal.
Reporter: What are you going to do in the future? Work or study?
Huang: I don't know. Now I just want them to apologize.
Sue ASUS: Make sure the other party apologizes.
I'm very afraid of fighting ASUS again. The consequences may be more serious this time, but I don't want the second me to appear. Getting state compensation encouraged me to sue, and my mother and lawyer also gave me support.
Reporter: Is the computer that caused the trouble still there?
Huang: I'm afraid of an accident. I put it in the bank safe. I haven't seen it since I got back. My mother kept it.
Reporter: Are you sensitive to the word "ASUS"?
Huang: Can you not mention them? This is the last thing my mother and I want to see and hear now. We all hide when we see advertisements.
Reporter: Are you happy that you just got the confirmation letter of state compensation?
Huang: The significance of state compensation is greater than the essence. It doesn't matter how much I pay. The important thing is that I can calm my dissatisfaction.
Reporter: You are innocent, and there is state compensation. Why sue ASUS for an apology?
Huang: I am very disappointed in them. The country has admitted its mistake, and they have not responded at all. I must stick to it, let everyone know the truth and make them apologize. Actually, I'm afraid to fight ASUS again. The consequences may be more serious this time, but I don't want the second me to appear. Getting state compensation encouraged me to sue, and my mother and lawyer also gave me support.
Reporter: If you get an apology, will you have other wishes? Will ASUS be asked to provide funds to set up an anti-fraud foundation?
Huang: I haven't decided yet. I'm thinking about asking for a dollar compensation or continuing to find them to set up a foundation.
Related content:
Letter from the victim jing wong to Shi Chongtang, Chairman of ASUS >>
The whole process of Huang Jing ASUS's "arm and thigh case"
Continuous update:
1.On the morning of February 9, 2006, Huang Jing bought an ASUS V6800V notebook computer in Beijing Renxin Ye Wei Technology Development Co., Ltd., the agent of ASUS, and it broke down that afternoon. Gao Hongyan, the sales representative of Ren Xin Company, sent the computer to ASUS Beijing Service Center for testing.
2. On the morning of February 10, 2006, Huang Jing received a call from Asustek and went to Asustek Beijing Product Service Center to pick up the plane. Asus engineers said that there was no hardware failure in the computer, but the problem was solved by reinstalling the software.
3. On the afternoon of February 10, 2006, Huang Jing went to Asustek Beijing Product Service Center again because of the computer failure. After a three-hour "test" of the machine, ASUS engineers told Huang Jing again that there was no hardware failure and there was no problem in reinstalling the system software. Asustek Beijing Product Service Center issued a service record of Asustek Royal Club to Huang Jing. Fault description: "No power supply, only one report detected", maintenance description: "Reset and redo the system, upgrade from 2.0GCPU to 2. 13GCPU in the morning". Maintenance engineer: Lin. Asus engineers explained that the reason for replacing the CPU was because the customer waited for more than 2 hours, and the company upgraded the CPU for free as compensation;
4. On February, 2006, Huang Jing found that the computer fault was still unresolved. Not sure whether ASUS will go to work on Saturday, he asked his friend Zhou Chengyu to help solve the computer problem. Zhou Chengyu found that the computer was equipped with an engineering sample processor that Intel clearly stipulated could not be used for end-user products. Intel just quelled an "Intel CPU fraud storm" caused by the illegal use of this engineering sample processor by its partners two months ago;
5. On February 13, 2006, Huang Jing entrusted Shu Mei and Zhou Chengyu, lawyers of Beijing Changji Law Firm, as agents to deal with the disputes arising from the illegal use of unqualified products by ASUS in the after-sales service process;
6. On February 4th, 2006, Huang Jing, accompanied by lawyer and agent Zhou Chengyu, took a video camera to Asustek Beijing Product Service Center to record and ask Asustek engineers about replacing the computer CPU. Asustek engineer Lin admitted that the CPU was replaced by Asustek and could be guaranteed by Asustek.
7. On the afternoon of February 14, 2006, accompanied by agent Zhou Chengyu, Huang Jing went to Asustek Beijing Branch and met Kevin·Z, brand director of Asustek China Business Group. Kevin·Z admitted that ASUS illegally used the engineering sample processor to replace computer parts in Huangjing.
8. On the morning of February 6th to May 6th, 2006, ASUS employees such as Xu Youjia and Kevin·Z, general managers of China Business Group of ASUS Company, interviewed Huang Jing and his agents. Xu Youjia admitted the fact that Huang Jing illegally used the engineering sample processor to replace computer parts, but shifted the responsibility to the engineer, claiming that the replaced engineering sample processor was provided by the agent newcomer company. Xu Youjia proposed that ASUS's solution to this matter is to exchange the original official version of CPU components for Huang Jing after finding out the truth, and other requirements are not for ASUS. Regarding Xu Youjia's irresponsible statement, Zhou Chengyu, the agent of Huang Jing, asked ASUS to pay punitive damages of 0.05% of its annual turnover, amounting to 5 million US dollars; Xu Youjia asked to check Huang Jing's computer and give an answer within 24 hours after the check. Both parties agree to conduct inspection in Beijing Notary Office;
9. On the morning of February 16, 2006, two representatives of Asustek Company repeatedly tested and inspected Huang Jing's computer in Beijing Notary Office, and confirmed that it was indeed the replaced engineering sample processor.
On the afternoons of 10 and February 17, 2006, after the 24-hour processing time promised by Xu Youjia expired, Huang Jing and his agent Zhou Chengyu went to Intel (China) Co., Ltd., and Wang Honghua, the public relations manager of the company, was responsible for the reception. After providing all the evidence, Intel asked not to leak the news and promised to urge ASUS to solve it as soon as possible;
On the afternoon of February 65438+8, 2006 1 1, ASUS took the initiative to contact Huang Jing after receiving Intel's notice, requesting to continue the settlement negotiations. Huang Jing's agent, Zhou Chengyu, still proposed a settlement, demanding a punitive fine of $5 million, and said that the compensation involved was funded by ASUS, and ASUS's proposal to set up the China Anti-Consumer Fraud Foundation was not for anyone's personal interests. Qiu, the legal adviser of Asustek, overturned the fact that Asustek replaced the CPU, saying that even if there was no problem with Asustek, the company was willing to pay the consumer Huang Jing compensation beyond the legal scope. In this negotiation, Kevin·Z and Qiu proposed that it would take ten days to conduct an investigation, which can only be handled after the investigation is clear;
12. On February 28th, 2006, the ten-day investigation time proposed by Asustek expired, but Asustek did not reply, and no one answered the phone in Kevin·Z. Huang Jing and his agent went to Intel again to interview Wang Honghua, the manager of public relations department, and told Intel that they would file a civil lawsuit against ASUS and Intel in Haidian District People's Court a week later. Prior to this, Huang Jing's agent had repeatedly reported this matter to Intel's senior management and legal person in charge in China. Intel said it would give ASUS more time, but the time could not be determined.
On March 65438+3 and March/kloc-0, 2006, at the urging of Intel, the victim Huang Jing, attorney and agent Zhou Chengyu came to ASUS again, and Kevin·Z, Qiu and public relations department of ASUS participated in the negotiations. In this negotiation, Qiu of Asustek completely overthrew all the key facts previously admitted by other representatives of Asustek, and used his legal knowledge to say that the ownership of the computer should not belong to Huang Jing, and Huang Jing is not qualified to claim rights from Asustek. Qiu even said that Huang Jing and his agents were instructed by others and threatened to "let the public security organs intervene in the investigation". In the end, ASUS didn't specify the way and time to solve it, and the previous two time agreements proved to be just lies. In the face of such an outrageous representative of ASUS, the victim Huang Jing was so angry that she burst into tears. Huang Jing's attorney, Shu Mei, and his agent, Zhou Chengyu, formally announced to ASUS that they would terminate the settlement negotiations and prepare to file a lawsuit on March 8, 2008.
14. In March 2006, according to the police handling the case, Kevin·Z of Asustek Company initially reported to the police: "Because the unqualified products were found by consumers during the maintenance process, consumers claimed 5 million dollars. Asus believes that this is caused by the personal behavior of engineers. Asus should not bear such a big responsibility, and the amount of consumer claims is too large. " The police handling the case asked the police to file a criminal case. The police handling the case believe that ASUS deceives consumers first, and national laws do not. Therefore, it cannot be filed as a criminal case.
15. After the first report failed, with the help of professional consumer rights lawyers, ASUS deleted all the maintenance and replacement records of Huang Jing's faulty computer. Kevin·Z, accompanied by a lawyer, went to the police again to report the case: "Zhou Chengyu, Long Sisi (Huang Jing) and others extorted $5 million from Asustek computer on the grounds that Asustek used beta CPU in the maintenance process. Our company has never repaired the computer, and never replaced any parts in the computer ",and also provided the police with the evidence that Huang Jing and Zhou Chengyu replaced the CPU by themselves. Finally, the case was filed for investigation by the police as a criminal case;
16 on March 5, 2006, ASUS Kevin·Z called Huang Jing to test whether Huang Jing was prepared to sue. Huang Jing told Kevin·Z that he would sue, and cooperating with the lawsuit would provide some news clues to the news media, hoping to gain the attention of public opinion. Huang Jing, a legal defender, once again explained to Kevin·Z that he wanted to invest $5 million to set up an anti-fraud foundation, just hoping that ASUS could treat consumers well, not for personal interests;
17, on March 6, 2006, Kevin·Z called Huang Jing 14 times in one day, asking Huang Jing not to release news to the news media for the time being. And put forward that on the morning of March 7th, the head of ASUS Taiwan Province Provincial Headquarters will come to Beijing to solve this problem. Kevin·Z asked Huang Jing to go to ASUS alone the next day to bring the faulty computer to "solve it once and for all";
On the morning of March 7th, 2006, accompanied by his agent Zhou Chengyu, Huang Jing went to ASUS. Kevin·Z directly showed Huang Jing the power of attorney authorized by the board of directors of ASUS to handle this matter, saying that there was no need to talk about anything more. Huang Jing and his agent, Zhou Chengyu, were arrested by the police when they were about to leave. They were detained on suspicion of extortion and sent to Haidian District Detention Center.
19, April 2006 10, when the media reported this matter, ASUS issued its first statement saying: "Recently, Zhou Chengyu and Long Sisi extorted $5 million from ASUS computer on the grounds that ASUS used a beta CPU for maintenance. It seriously violated the legitimate rights and interests of our company and also had a great impact on the normal business of our company. " The next day, ASUS issued a second statement saying: "Our company was blackmailed by criminal suspects for 5 million dollars. In view of the fact that this incident has entered the judicial process, all employees of our company have not been interviewed by any media. The company reserves the right to make legal recourse against any false reports of the media. Please don't quote false reports. " The signatures are all ASUS China business group;
20. On April 4th, 2006, Huang Jing was arrested by Haidian District People's Procuratorate on suspicion of extortion.
2 1, 65438+February 26th, 2006, Haidian District People's Procuratorate granted Huang Jing bail pending trial on the grounds of insufficient evidence;
22. On June 9, 2007, 165438+ Haidian District People's Procuratorate decided not to prosecute Huang Jing on the grounds of insufficient evidence;
On June 5, 2008, lawyer Zhang Ping of Beijing Fang Yi Law Firm represented Huang Jing and applied to Haidian District People's Procuratorate for state compensation for misjudged cases in criminal cases;
24. On June 6, 2008, the Beijing Haidian Procuratorate issued the Notice of Examination of Criminal Compensation Application to Huang Jing;
25. On June 8, 2008, lawyer Zhang Ping, lawyer Fu from Beijing Law Firm and lawyer Zhang Lan from Beijing Dacheng Law Firm formed a joint lawyer group of ASUS Rights Protection, entrusted by the victim Huang Jing to handle legal matters related to ASUS and Intel.
26. On July 8, 2008, ASUS Rights Protection Joint Lawyers Group sent a lawyer's letter to Intel (China) Co., Ltd., but Intel did not respond with any positive attitude. The head of Intel's regulatory department said that Intel has no legal obligation to this;
27. On August 4th, 2008, ASUS Joint Lawyers Group sent a lawyer's letter to ASUS and Kevin·Z in its own name, but ASUS did not reply. The lawyers contacted Kevin·Z on their own initiative, and Kevin·Z said that ASUS had handled the matter correctly and was not afraid of going to court. If you are willing to sue, then sue.
28. On September 19, 2008, the ASUS Joint Lawyers Group sent a letter to Mr. Shi Chongtang, the chairman of ASUS, detailing the situation that consumer Huang Jing was falsely accused and framed by ASUS for fraud by ASUS, and defended his rights according to law. But so far, ASUS still has no response.
29.2008127, 65438, an ASUS spokesperson responded that the female college student Long Sisi reported by the media was not a female college student, but an employee of a unit in Peking University. Since she bought an ASUS computer to deal with ASUS, she has been using the pseudonym "Long Sisi". Her real name is Huang Jing. Zhou Chengyu, the agent of another person in this case, Huang Jing, was the first person in the "Mainland Internet Wrapping Case". In May 2005, Zhou Chengyu, then director of China Notebook Channel. Com, suddenly disappeared. It is reported that he still owes the employees of the notebook channel two or three months' salary, totaling about 200,000 yuan, which caused the investors to lose about 300,000 yuan. A spokesman for ASUS said that the case was not a claim by ordinary users, so the case was reported to the public security organ at that time, and then the case entered the judicial process.
30. On October 27th, 2008/kloc-0, 65438, after Huang Jing sued ASUS, the lawyers revealed that Huang Jing himself hoped to get a reputation clarification through litigation rather than a high compensation.
On 3 1, 2008 1 1.3, Huang Jing's agent and lawyer will go to China Consumers Association to complain today, hoping that China Consumers Association will formally accept the application for filing a case.
Source: ASUS Rights Protection Network