Original title: man robbed more than 3700 train tickets with a profit of more than 300000 yuan and was sentenced in the first instance
4hw.com.cn: two years ago, Liu Jinfu, a young man in Jiangxi Province, started what he thought was a 'purchasing agent' business. However, because of the extremely special items he bought, he was sentenced. Whether his behavior belonged to 'purchasing agent' or 'reselling' has also aroused great controversy. Such special items are train tickets.
The public prosecution accused the defendant of scalping tickets
On September 10, 2019, in the trial court of Nanchang Railway Transportation Court, a case of scalping tickets is being heard in public. The public prosecution charged that the defendant Liu Jinfu robbed tickets for the actual buyers through the ticket grabbing software, which constituted the crime of scalping tickets in the criminal law.
Prosecutor: after the defendant Liu Jinfu was brought to justice, he admitted that he had resigned from home since 2017, engaged in online ticket grabbing, published ticket grabbing advertisements on wechat circle of friends and QQ, and received orders nationwide. The fact that after the success of ticket grabbing through ticket grabbing software, the ticket buyer will be charged a commission ranging from 50 to 200 yuan.
Buy ticket grabbing software and publish advertisement to make profit on behalf of train ticket grabbing
During the trial, Liu Jinfu confessed to his robbing tickets and collecting service fees. At the same time, he said that before that, he did not know that he was engaged in suspected criminal activities.
Since July 2017, Liu Jinfu has set up a so-called studio in a residential building near his home to buy ticket grabbing software and publish advertisements on mobile phones and computers to help people grab train tickets and earn service fees.
Liu Jinfu: the system will send an email to inform me of the success of the ticket grabbing, and then I will tell the customers that the ticket has been issued by phone, wechat or QQ, and then let them pay the bill themselves, and then transfer the Commission to us.
More than 3700 tickets, more than 300000 yuan profit
According to the court's investigation, as of February 2019, Liu Jinfu had snatched more than 3700 tickets for others, with a face value of more than 1.2 million yuan and a personal profit of more than 300000 yuan. In the trial, the biggest dispute between the prosecutor and the defender is whether Liu Jinfu's behavior is' reselling 'or' purchasing on behalf of others'.
Defender: our general view is that under the real name system, the act of purchasing train tickets and collecting service fees is a kind of civil agency, which is essentially different from the reselling stipulated in our criminal law.
In view of this view, the public prosecution believes that even in the case of the real name system of train tickets, Liu Jinfu's behavior still constitutes the crime of reselling tickets.
Public prosecutor: since the implementation of real name ticketing system in China's railways, the perpetrator has hoarded tickets first, and then increased the price to resell them. The criminal means of profiting from them can no longer be realized. Some people think that the crime of reselling tickets is no longer a crime. It is a reasonable civil agency act to help people buy tickets on behalf of others, but in fact, there are still acts of reselling tickets in the disguise of booking and purchasing tickets on behalf of others 。