"Buy chicken" investment?The old man fell into a MLM scam

Under the introduction of relatives Wang, the old man Li spent nearly 60,000 yuan to invest in an ecological breeding project in a "buy chicken". He did not expect that both old people were flickered into a pyramid scheme. After the dream of getting rich, Li Mou filed a lawsuit with the Chengdu Longquan District Court, asking relatives Wang to refund the money. Recently, the case was maintained after the second instance of the Chengdu Intermediate People's Court: Wang paid Li Mou 21,000 yuan and corresponding interest. What kind of new scams are online chicken breeding? How did the two old people fall into the trap?

Spending nearly 60,000 yuan to buy chickens but mistakenly entered the MLM scam

On November 8, 2019, after being introduced by relative Wang, Li, who lives in Longquanyi District, bought chicken on an app network platform called "Xunshan Youpin". In order to reduce investment risks, Li and Wang signed a "Voucher Agreement" stated that Wang contacted Li to buy chicken, 70 yuan per chicken, and Li Mou provided to Wang on November 8, 2019 to Wang Mou. Friend Xie Mou (Note: Xie Mou's family in the MLM system) pays 59,000 yuan for bank accounts. If this matter is fake, MLM scam, etc., Wang is willing to compensate Li Mou's principal of 59,000 yuan, According to the corresponding interest of the interest rate of the People's Bank of China in the same period, the corresponding interest during the occupation of funds for occupation of will be paid in February 2020. Wang signed the agreement and left an ID number. The two parties agreed that if there is controversy, the lawsuit of the Longquanyi District Court was resolved.

On the day of the signing of the agreement, Li Mou transferred 59,000 yuan to Xie according to the bank account information provided by Wang. However, neither Wang and Li did not expect that, in the month, the developers of the "Xunshan Youpin" APP Zeng Moumou, Li Moumou, Qu Moumou and others were engaged in MLM crimes. The County Public Security Bureau arrested.

What kind of new scams are online chicken breeding? It turned out that since March 2018, Zeng Moumou, Li Moumou, Qu Moumou, Huang Moumou and others registered the establishment of Shenzhen Langde Holdings Group Co., Ltd. and many related subsidiaries to develop the "Xunshan Farm" mobile app ( The later renamed "Xunshan Youpin"), with "the development of ecological breeding", "blockchain agriculture" and "industrial poverty alleviation" as a gimmick, the pre -sale of "Xunshan Xiaoxiang Chicken" as a cover, and "promoting dividends" as the Bait, adopts a multi -level MLM development model, develops members, engaged in MLM criminal activities, and obtain illegal interests.

The platform requires members to pay the entry fee, and members form a hierarchical relationship from top to bottom. They use high rebates as bait. The participants are required to obtain qualifications in the way of buying goods. As a basis for rebate, the participants continue to develop others to participate. By the time of the case, the membership level has developed 33 levels, and 89,738 members have been developed.

The network platform is actually rebate to members in the name of "raising" and "consignment". After the membership pays the money, the platform does not provide real commodity transactions. Members "buy chicken" on the platform are not for consumption, but the basis and the basis and the basis and the basis of rebates. Qualifications, the rebates obtained by members are derived from the funds paid by the new members, and are not realized the profit distribution of small fragrant chickens.

The agreement is legal and valid and valid.

After the scam was exposed, Li had a lot of money to Moumou, and received a refund of 38,000 yuan in April and May 2020.

In October 2021, Li sued Wang to Longquanyi District Court, requesting that Wang would return to the remaining 21,000 yuan to return the remaining loan, and paid the funds from the loan interest rate of the loan of the People's Bank of China from the same period from the date of borrowing. The end of this case ended.

During the trial, Wang thought that the buying chicken was MLM, but he argued that the two parties did not constitute a loan relationship. Li bought 300 chickens, 70 yuan each, a total of 21,000 yuan. Interest problem.

What kind of legal relationship does the case belong to? The court believes that this is the focus of controversy. According to the facts found by the court, the case is not a legal relationship between the private lending, but the contractual relationship.

The defendant defense the plaintiff to buy chickens from the outsider Xie, and the amount has nothing to do with the defendant's hand. The court believes that the plaintiff is to buy chickens from the defendant, or whether the case involved in the case will not affect the effectiveness of the "Benk Agreement" signed by both the defendant. Therefore, the court will not accept the defendant's defense. The case outsiders Xie did not sign on the "Project Agreement", not the parties to the contract relationship in the case. During the trial, both parties recognized the signing of the "Project Agreement". The defendant recognized the signature and ID number in the agreement. This agreement is the true meaning of both parties of the agreement, and the content does not violate the mandatory provisions of laws and administrative regulations. It is legal and effective and has legal binding power on both parties. The signature of the defendant's defense on the agreement is convenient for the plaintiff to make a difference to his family. The court believes that as an adult, the defendant fully understands and knows the content of the agreement. It still signs and remarks the ID number on the agreement, and the identity card shall bear the legal responsibility that is generated. The court will not accept the defense.

The existing evidence can prove that "buying chickens" is MLM. Therefore, the defendant Wang should return the plaintiff's related funds in accordance with the contract, deducting the plaintiff's self -recognized refund of 38,000 yuan, and the remaining 21,000 yuan defendant should pay the plaintiff. The court believed that the court agreed that the interest agreed on the actual law of liquidated damages on the actual method of liquidated damages on the contract, and the court supported it.

According to this, the Longquan District Court judged that Wang paid Li Mou 21,000 yuan and corresponding interest according to law.After the first trial, Wang appealed to the Chengdu Intermediate Court.Recently, the Chengdu Intermediate People's Court made a judgment of "rejection of appeals and maintaining the original judgment".Judge

The judge of the case of the case said that in recent years, there have been endless layers of raising old -type fraud projects. These projects often use high returns as promises to build false projects, set up empty shell companies, and use TV, Internet, radio and other false propaganda to build momentum.Methods, use friends, classmates, relatives and other relationships to seduce.For the elderly, due to their age, low risk tolerance, and easy to believe in others, they are easily become victims of such investment scam pension projects.

In this regard, especially reminding the elderly to cover their "money bags" and do not trust the words of others; scientifically evaluate their own affordability, do not blindly invest in high -yield projects; to increase their vigilance, not to be greedy for small and cheap, beware of MLM fraud fraudEssence

Sichuan rule of law reporter Zeng Changwen Zhu Jiaqi

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