What is the ASUS frame-up incident?

A notebook computer worth 20,000 yuan brought Huang Jing, a junior, 10 months of "jail time". In 2006, Huang Jing bought an ASUS computer, and found that there was something wrong with its CPU during the maintenance. However, in the process of safeguarding rights, Huang Jing was sued by ASUS to the public security department in the name of extortion. After that, Huang Jing was arrested and spent 10 months in the detention center. Recently, Huang Jing finally obtained the confirmation of state compensation for "unjust imprisonment". Yesterday, Huang Jing and his lawyer decided to file three lawsuits against ASUS, namely, infringement of reputation, selling fake and shoddy goods and false accusation.

Found the problem CPU

"When I first entered the business, I was full of confidence in myself." On April 4th, 2006, Huang Jing, who was only 22 years old, was arrested by Haidian Procuratorate on suspicion of extortion and entered the detention center. Recalling the first days, Huang Jing said, "I didn't blackmail at all. I was right. I think I can go out soon. "

At that time, Huang Jing was most afraid of sleeping. Ordinary people in the detention center were crowded and had to sleep sideways all night. Huang Jing has a hard time falling asleep. What is more painful is that once she closes her eyes, the entanglement with ASUS will appear in front of her. ...

Two months before being locked up, Huang Jing was a junior in capital university of economics and business. What changed her fate was the ASUS V6800V laptop worth more than 20,000 yuan.

On February 9th, 2006, Huang Jing bought this V6800V notebook computer in Beijing Renxin Ye Wei Technology Development Co., Ltd., an ASUS agent. On the afternoon of the day I bought it, there was a blue screen when the computer was running, and I couldn't turn it on again after forcibly turning it off. Subsequently, after several repairs, the computer still had problems. During the last maintenance, ASUS engineers told Huang Jing that "due to the long waiting time, the 2.0GHz CPU will be upgraded to 2. 13GHz for free".

Since then, Huang Jing found that the "new" computer had a bigger problem, and the temperature of the fuselage burned out the wooden surface of the desk in less than an hour. Huang Jing found through software testing that the CPU installed in the computer is Intel's engineering sample processor, that is, the beta CPU. As it turns out, this kind of CPU has poor performance stability, and Intel company prohibits it from being sold in the market.

Later, Huang Jing came to ASUS Beijing Product Service Center with his agent Zhou Chengyu to ask questions. The reporter recently learned from the video at that time that the engineer admitted that the CPU was replaced by ASUS and could be guaranteed by ASUS.

Be arrested for defending rights

Huang Jing, who got the evidence, decided to ask ASUS for an explanation. In order to protect herself, she took her mother's surname and gave herself an alias "Long Sisi". On February 15, 2006, Huang Jing and Zhou Chengyu found Xu Youjia, general manager of ASUS Computer China Business Group, and held the first meeting on the sample CPU of the project.

During the negotiation, jing wong proposed a punitive compensation of $5 million at the rate of 0.05% of ASUS's annual turnover, which was then used to set up an anti-fraud foundation.

On March 1 day, after many unsuccessful negotiations, Huang Jing announced to ASUS that it would terminate the settlement negotiations and prepare to file a lawsuit. On the morning of March 7th, when Huang Jing and Zhou Chengyu came to Asustek again, Haidian police appeared and took them away because Asustek reported that they had been blackmailed. Huang Jing later learned from his lawyer that ASUS concealed the fact that the CPU had been replaced when reporting the case. Subsequently, Huang Jing and Zhou Chengyu were criminally detained on suspicion of extortion until they were arrested and sent to Haidian Detention Center for custody.

On April 1 1 day, 2006, after this newspaper reported the incident, ASUS issued a statement saying: "Recently, Zhou Chengyu and' Long Sisi' extorted $5 million from ASUS computer on the grounds that ASUS used beta CPU in the maintenance process, which seriously infringed on the legitimate rights and interests of our company and had a great impact on our normal business." I tried to kill myself in prison.

As the days in the detention center passed, fear gradually filled Huang Jing's memory space. "No one there believes me. They all thought I was a blackmailer and even advised me to plead guilty. " Slowly, Huang Jing realized that he might spend a long time in a detention center or even a prison.

Huang Jing said that in those days, she was in a daze every day. She really wants to write to her mother, but in the detention center, letters to her family can only contain the content of asking for money and clothes, and nothing else can be mentioned. Once, Huang Jing wanted to commit suicide, but he gave up the idea at the thought of having to give himself a statement. "I must sue them when I go out." With this belief, Huang Jing came along.

Huang Jing's other pillar is his mother. 654381October 22nd, the reporter came to Shijiazhuang and met Huang Jing's mother, Ms. Long. The former soldier showed firmness from beginning to end. Ms. Long told reporters that on March 7, 2006, working in Shijiazhuang, Hebei Province, she suddenly found her daughter missing. It was not until she heard that her daughter was arrested by the police for allegedly blackmailing ASUS that her heart calmed down. "At that time, my school and friends in Huang Jing didn't hear from my daughter, and I was afraid of her accident every day. After receiving the arrest warrant from the public security organ, I feel at ease. At least I know that my daughter is still alive. "

Ms. Long, who always believed that her daughter would not commit a crime, hired a lawyer for Huang Jing and sent nutrition to her daughter at a fixed time every week. "My daughter has never suffered anything since she was a child, and I am afraid that something will happen to her every day ..." Speaking of this, my calm mother's eyes are full of tears.

In the following 10 months, Huang Jing's lawyers exchanged views with the case undertaker many times, and put forward the view that Huang Jing was not a fraud, but at most an excessive defender of rights. In the careful investigation of Haidian Procuratorate, the matter gradually turned around.

On February 26th, 2006, 65438, Haidian Procuratorate released Huang Jing on bail pending trial on the grounds of insufficient evidence. After waiting for 10 months, Huang Jing finally met his mother.

Was finally acquitted.

"At that time, my daughter didn't want to go out every day, and she didn't contact any friends. She often sat alone in a daze." Recalling the days when Huang Jinggang left the detention center, Ms. Long said that during that time, Huang Jing had nightmares almost every night, and she could not live without her family, so she had to stay at home for a long time.

On June 9th, 2007, the case of Huang Jing and others came to a conclusion: Haidian Procuratorate decided not to prosecute Huang Jing on the grounds of insufficient evidence. The decision not to prosecute reads: Because the facts of Huang Jing's crime (extortion) identified by Haidian Public Security Bureau are unclear and the evidence is insufficient, the procuratorate decided not to prosecute Huang Jing.

After seeing the written decision, the Huang Jing family breathed a sigh of relief, but did not feel "rehabilitated". In their view, Huang Jing is not "innocent", but not guilty at all.

Will receive state compensation.

On June 5, 2008, Huang Jing's attorney, Zhang Ping, submitted a state compensation to Haidian Procuratorate, which read: "The applicant was wrongly arrested and detained for 295 days from March 7, 2006 to February 26, 2006, and the respondent should pay the applicant compensation of 46,855.62 yuan (295 days × 150).

Soon after, on June 16, Haidian Procuratorate issued the Notice of Examination of Criminal Compensation Application to Huang Jing. According to the notice, jing wong disclosed ASUS's use of beta CPU through media exposure, and negotiated compensation with ASUS. Although this method is threatening, it is qualitatively different from "coercion" in extortion. Huang Jing's claim in the form of exposure after his rights and interests have been violated is not an act of encroachment, but an act of safeguarding rights. Asking for $5 million is an act of excessive rights protection, but it is not a crime of extortion. At present, the procuratorate is verifying the specific amount of state compensation.

Decided to sue ASUS

Despite the above results, the Huang Jing family still thinks that this is only a staged victory. Since then, they have started to file a lawsuit against ASUS, and opened a website for rights protection: www.asus315.com.

At 7 o'clock last night, a group of lawyers represented by Huang Jing held a final discussion and decided to file a lawsuit against ASUS within one week. First, they asked ASUS to stop the infringement and apologize. Secondly, they sued ASUS for manufacturing and selling fake and shoddy goods. Finally, they sued ASUS for false accusation and frame-up.

Seeing the ASUS advertisement, the mother and daughter turned and ran.

1On the evening of October 22nd, 10, the reporter met Huang Jing's mother, Ms. Long, in Shijiazhuang. At first, Ms. Long refused to be interviewed. At the reporter's repeated request, she told her daughter's recent situation. She said that Huang Jing was still dropping out of school and could not study abroad as planned because of physical reasons. 101On the morning of October 23rd, the reporter got an opportunity to communicate with Huang Jing through hard work. Huang Jing expressed his willingness to accept an exclusive interview with our reporter.

Reporter: after discovering the problem of computer CPU, did you ever think that things would be so big?

Huang Jing: What annoys me most is that they changed my CPU privately. I think we should teach ASUS a lesson.

Reporter: How did you persist in the detention center for 10 months?

Huang Jing: I miss my mother so much that I can't help it if I don't insist.

Reporter: What do you usually do now?

Huang Jing: I spend most of my time reading at home.

Reporter: What books do you usually read?

Huang Jing: I only dare to read some novels with beautiful and illusory contents, and I can't read the rest.

Reporter: Is there anything difficult to face?

Huang Jing: ASUS again. When my mother goes shopping with me, I hide when I see the advertisement of ASUS. Then my mother hid, too. Now the two of us will run away together when we see the ASUS advertisement.

Reporter: What are you going to do in the future, and go back to school to continue your studies?

Huang Jing: I'm not going back. My former classmates all thought I was a sinner who blackmailed 5 million.

Reporter: What keeps you going?

Huang Jing: I read the report of the Sichuan earthquake, and I think I should have more courage to persevere than those people.

Reporter: Why do you insist on continuing the lawsuit?

Huang Jing: I just want people who have made mistakes to come forward and admit their mistakes.

■ Event playback

On February 9th, 2006, Huang Jing bought a notebook computer from ASUS.

On February 5, 2006, Huang Jing filed a claim for compensation with ASUS.

On April 4th, 2006, Huang Jing was arrested by the procuratorate on suspicion of extortion.

On February 26th, 2006, 65438+, the procuratorate issued a notice of bail pending trial to Huang Jing.

On June 9, 2007, the procuratorate decided not to prosecute Huang Jing.

On June 5, 2008, Huang Jing's attorney filed an application for state compensation with the procuratorate.

On June 6, 2008, the procuratorate issued a notice to review the application for criminal compensation.

101On October 26th, Huang Jing decided to sue ASUS. (Mu Wei, Wang Pengwei)

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