1. If you buy something in the live broadcast room and do not deliver it or refund it, it is generally a breach of contract. However, if you intentionally illegally possess the payment for goods and intentionally sign a false contract, it can be deemed as contract fraud.
2. Whether the seller’s behavior constitutes fraud depends on the perpetrator’s subjective motivation and objective behavior. The crime of fraud requires that the perpetrator intentionally and illegally possesses your property when entering into the contract, rather than being unable to supply due to objective circumstances (such as out of stock, non-delivery by the upstream, etc.). ). If you think the other party is committing malicious fraud, please write the complaint materials directly to the Public Security Bureau to see if the Public Security Bureau files a case.
3. Legal basis:
Criminal Law of the People's Republic of China
Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to not more than three years Fixed-term imprisonment, criminal detention or surveillance, and concurrently or solely with a fine; if the amount is huge or there are other serious circumstances, the sentence is to be not less than three years but not more than 10 years of fixed-term imprisonment and a fine; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be 10 years or more. be sentenced to fixed-term imprisonment of not less than 1 year or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, such provisions shall prevail.
Criminal Law of the People's Republic of China
Article 224: The crime of contract fraud involves any of the following circumstances: during the process of signing and performing a contract, for the purpose of illegal possession, Whoever defrauds the other party of property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely 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 and not more than 10 years, and shall also be fined; If the circumstances are particularly serious or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated:
(1) Signing a contract in the name of a fictitious unit or another person;< /p>
(2) Using forged, altered, invalid bills or other false property rights certificates for mortgage;
(3) First performing a small amount contract or partially performing the contract, and deceiving the other party to continue Signing and performing a contract without the actual ability to perform;
(4) After receiving the payment, advance payment or guaranteed property from the other party;
(5) Defrauding the other party by other means of property.
2. How to report a live broadcast selling fake goods?
1. You can go to the industrial and commercial department or the Consumer Protection Association to file a complaint.
2. The anchor sells fake goods in the live broadcast room. If consumers want to safeguard their rights, they can negotiate with customer service to return the product. If negotiation fails, you can directly call 12315 to safeguard your rights. We must take up legal weapons to protect ourselves.
According to the "Consumer Rights Protection Law", if consumers purchase goods through an online trading platform and encounter counterfeit goods, they can claim compensation from both the seller and the online trading platform, or require them to bear joint liability for compensation. . In practice, for the convenience of safeguarding their rights, consumers generally choose to sue online trading platforms.
3. How to punish live streaming for selling fake goods?
1. If the amount of illegal income from live broadcast selling counterfeiting is relatively large or there are other serious circumstances, he may be sentenced to fixed-term imprisonment of not more than three years and a fine; if the circumstances are particularly serious or the amount of illegal income is huge, he may be sentenced to more than three years A prison term of not more than ten years and a fine.
2. It is illegal to live broadcast with fake products, and you will be criminally liable for selling products with counterfeit registered trademarks.
Criminal Law
Article 214 stipulates that anyone who knowingly sells goods with counterfeit registered trademarks and whose illegal income from selling fake and shoddy goods is relatively large shall be sentenced to fixed-term imprisonment of not more than three years. A fine shall also be imposed. Anyone who sells counterfeit and inferior goods shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
The above is an introduction to whether payment without delivery and refund is considered fraud. I remind you that if you encounter a fraud case in life, you must keep all chat records and transfer vouchers. These are evidence.