The "Shanghai Changning Court" WeChat public account issued the first-instance judgment of Liu Moumou v. Shanghai Xunmeng Information Technology Co., Ltd. The article said: On the morning of July 5, 2022, Shanghai Changning Court publicly pronounced the case of Liu Moumou v. Shanghai Dream Information Technology Co., Ltd. on the dispute over network infringement liability. The court found that the defendant constituted an infringement of the right to know, and the first instance ruled that the defendant should compensate the plaintiff for the loss of 400 yuan within ten days from the date when the judgment came into effect; Reject the plaintiff's remaining claims.
1. First of all, the existing evidence in this case is not enough to prove that the defendant pushed all six pieces of fraud-related information to Liu Yuhang before purchasing the accelerated gift package.
2. Secondly, judging from the purchase path and usage rules of accelerated gift packages, buying gift packages is only an option to participate in bargaining activities, not a mandatory option. Ordinary consumers will not confuse "accelerated chop" with "set meal chop".
3. Furthermore, combined with the ascertained facts, Liu Yuhang cut off 0.03 yuan by using the gift package, and the use effect basically conforms to the description of "3-8 people help to cut it at most".
4. Finally, Liu Yuhang did not provide evidence to prove that the defendant had fraudulent acts such as fictitious winning number and false lottery.
It is mentioned in the judgment that the disclosure flaws of the defendant in this case mainly involve inaccurate and unclear disclosure methods about the progress of bargaining, and inconvenient linkage of bargaining rules. If operators can disclose relevant information to consumers in a timely, accurate and intuitive manner, they can reduce some expenses of consumers such as time, energy, contacts and traffic. Although these losses do not constitute tangible damage to the user's existing property, they also have property attributes from the content of the losses and should be protected.
Fraud refers to deliberate behavior aimed at misleading people. The parties express their will because of others' intentional misreporting and cognitive errors, that is, the right of civil conduct that constitutes fraud refers to the freedom and right to know and obtain information, including official or unofficial information. The narrow sense of the right to know only refers to the freedom and right to know and obtain official information. With the continuous expansion of the extension of the right to know, the right to know has both the attributes of public rights and civil rights, especially the right to know personal information, which is a part of the personality rights that citizens must enjoy as civil subjects.
legal ground
Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.