1. If you buy something in the live broadcast room without delivery or refund, it is generally a breach of contract. However, if you intentionally illegally occupy the payment for goods and intentionally sign a false contract, you can identify it as contract fraud.
2. Whether the seller's behavior constitutes fraud depends on the subjective motivation and objective behavior of the actor. The crime of fraud requires the actor to intentionally illegally occupy your property when concluding a contract, rather than being unable to supply it because of objective circumstances (such as out of stock, upstream non-delivery, etc.). If you think the other party is malicious fraud, please write the complaint materials directly to the Public Security Bureau to see if the Public Security Bureau has filed a case.
3. Legal basis:
Criminal law of the people's Republic of China
Article 266 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 shall 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. Where there are other provisions in this Law, such provisions shall prevail.
Criminal law of the people's Republic of China
Article 224 The crime of contract fraud, under any of the following circumstances, defrauds the other party of property for the purpose of illegal possession in the process of signing and performing the contract, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
(4) After receiving the payment for goods, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means.
Second, how to report live selling fakes?
1, you can go to the industrial and commercial department or the Consumer Protection Association to complain and report.
2. The anchor sells fakes in the live broadcast room. If consumers want to protect their rights, they can negotiate with customer service to return the goods. If negotiation fails, you can directly call 123 15 to defend your rights. We must take up legal weapons to protect ourselves.
According to the Law on the Protection of Consumers' Rights and Interests, if consumers encounter counterfeit goods when purchasing goods through online trading platforms, they can claim compensation from both sellers and online trading platforms, or they can be required to bear joint and several liability for compensation. In practice, for the convenience of safeguarding rights, consumers generally choose to sue online trading platforms.
Third, how to punish live selling fakes?
1. If the amount of illegal income from selling fake products by live broadcast is relatively large or there are other serious circumstances, it may be sentenced to fixed-term imprisonment of not more than three years and fined; If the circumstances are especially serious or the amount of illegal income is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
2. It is illegal to broadcast live with fake goods, and criminal responsibility should be borne for the crime of selling goods with counterfeit registered trademarks.
criminal law
Article 2 14
It is stipulated that those who knowingly sell goods that are counterfeit registered trademarks, and the illegal income from selling fake and inferior commodities is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years and fined, and those who sell fake and inferior commodities shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined.
The above is an introduction to whether it is fraud to make a payment without delivery or refund. Bian Xiao reminds you that if you encounter fraud cases in your life, you must keep all the chat records and transfer vouchers, which are all evidence. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to help you.