2022-09-23|来源:souhu

Yiliangou presales 14 volumes of iPhone, and the victim tells the purchase process in person

On September 22, the first financial reporter learned from the insiders that Yilian had purchased 14 iPhones in advance and the case had been filed, which had been handed over to the special case team of Chongqing Yubei District Public Security Branch. In the afternoon of the same day, a person from the Political Department of Chongqing Yubei District Public Security Bureau said that the case was being investigated and handled.

On September 16, Apple's iPhone 14 was officially launched. Yiliangou previously sold iPhone 14 series phones to consumers through the "Yiliangou Online Mall" of WeChat applet, and also sold iPhone 13 phones. A number of consumers from all over the country told the reporter that they had paid for the goods but failed to receive the goods. Their orders were more than 300000 yuan more than 4000 yuan.

A lawyer said in an interview that Yi Liangou was suspected of contract fraud. Many of the swindlers believed that this matter also exposed the regulatory loopholes of WeChat applets, and the funds lacked the third-party custody mechanism. When they did not receive the goods, the payment for goods had been withdrawn by the merchants.

Yi Liangou or suspected of contract fraud

Yi Liangou's full name is "Chongqing E-net Electronic Technology Co., Ltd.". According to the enterprise's investigation, Yiliangou was established on July 28, 2022, with a registered capital of 20 million yuan, and its registered place is 17 Office 4, Building 1, Time City, No. 409, Jiahong Avenue, Longshan Street, Yubei District, Chongqing; The legal representative is Luo Xiaoyi, and the major shareholder is Shenzhen Kaisheng Technology Co., Ltd. (established in August 2021).

Enterprise investigation shows that Chongqing Yiliangou Electronic Technology Co., Ltd. was included in the abnormal operation list by Chongqing Yubei District Market Supervision and Administration Bureau on September 16 because the registered residence or business site could not be contacted.

Why did you choose to buy an iPhone on such a small website with a registered capital of RMB 20 million less than two months after its establishment? A number of deceived people told the First Financial reporter that, first of all, Yiliangou was under the banner of "Apple Store" on the WeChat applet; Secondly, they had previously purchased the iPhone 13 at a price of 500-600 yuan per set on Yilian, and received genuine licensed goods; In addition, it is a misunderstanding of the platform that the WeChat applet is also a prepayment mode, and the consumer receives the goods and then transfers the money to the merchant.

A person in charge of a well-known electrical appliance retail enterprise in Chongqing told the reporter that they have Apple iPhone 14 for sale, and mobile phone merchants can pre sell it. The key is to have it in stock. Apple normally only distributes goods to authorized dealers. The iPhone 14 in Chongqing local market was sold in advance, and the market price of some models was basically more than 2000 yuan higher than the official website price on the day of sale.

The person in charge of the retail enterprise in Chongqing said that the supply of the iPhone 14 regular version is relatively normal this year, and you can get the goods by booking in advance for listing; With the screen innovation of iPhone 14 Pro and iPhone 14 Pro Max this year, the design of Smart Island has attracted consumers' attention. In addition, the factory supplies are scarce, and the market has attracted a wave of price increases.

Ma Ce, a special researcher of the Economic and Social E-Commerce Research Center, a co-founder of Kenting Law Firm, and a lawyer, analyzed with the First Finance and Economics reporter that Yi Liangou made up his identity (in fact, it was not a franchise store officially authorized by Apple), had no performance ability (there was no real source of iPhone 14 and other mobile phones) and signed contracts with others, which was suspected of contract fraud, and the final determination was based on the public security department.

He Jie of Chongqing Aifeng Technology Co., Ltd., who bought and rented 20 computers from Yilian in August and September this year, also suffered losses due to the loss of Yilian's purchase money and the removal of several computers by some employees. He Jie revealed to reporters that the case of Yiliangou has been filed and has now been transferred to the special team of Chongqing Yubei District Public Security Branch.

Are third-party platforms responsible?

The reporter of First Finance and Economics learned that, according to preliminary incomplete statistics, in the case of the runaway purchase of volume funds by Yilian, among the orders that consumers paid but did not receive goods, about 300 Apple phones were involved, including iPhone 13, iPhone 14 Pro, iPhone 14 Pro Max, and iPhone 14 coupons, involving more than 5 million yuan.

A number of fraudsters told reporters that they chose to consume in WeChat apps based on their trust in WeChat and the inertia of the "goods before payment" trading process in e-commerce transactions. However, in the WeChat applet transaction scenario, not all platforms and businesses implement the practice of "goods before payment" and fund custody.

As of press release, WeChat has not responded to this matter; The technology provider of Yiliangou WeChat applet, Weimeng, responded to the First Finance reporter that "we are keeping in touch with relevant departments and regulators".

Yao Zhiwei, a professor of the Law School of Guangdong University of Finance and Economics, told the First Finance and Economics reporter that from the existing cases of judicial and administrative law enforcement, it was not found that the providers of such businesses as small programs and those similar to micro alliances were identified as e-commerce platforms.

Yao Zhiwei said that such an analogy can be made. E-commerce company A has built an app in the mall and launched it in the Apple App Store. The app was developed and designed by technology company B. However, the operation of the app, including the sales of goods, is entirely the responsibility of E-commerce company A. In this example, the position of Apple App Store is similar to that of applet, while that of B Technology Company is similar to that of Microleague. If e-commerce company A runs away, what responsibilities should Apple bear as an app store provider and technology company B as a technology service provider? These may not be clear in current laws.

Chen Wenming, the chief lawyer of Zhejiang Xiaode Law Firm, said that (whether there is a regulatory responsibility) it is necessary to judge whether the transaction takes place in the applet online store or only uses the applet as a drainage tool. The actual transaction scenario is elsewhere. If it is the former, the role of the applet is "platform operator", and it should assume the regulatory responsibility.

Although small programs can be opened, Chen Wenming said that its capital supervision is still weak, which is semi open, and there is no substantive supervision of e-commerce platforms. The actual supervision method is simple and mature, and the key is whether the platform party is willing to implement it.

First Financial reporter found that on the WeChat e-commerce platform, WeChat stores provide three payment methods - one is direct payment. After the consumer successfully places an order and pays, the payment for goods will be directly transferred to the seller's account within 1-2 working days; The second is the guarantee transaction, that is, after the consumer successfully places an order and pays, and clicks to confirm the receipt, the money will be directly transferred to the personal account reserved by the seller; The third party is COD.

Different merchants choose different payment methods, but the merchants who choose guaranteed transactions will display the prompt of "transaction fund guarantee" on the page, giving consumers certain protection and prompt. In addition, when placing an order in Youzan Mall, the merchant will also display the method of "settlement after receipt".

Yao Zhiwei said that although there is no clear corresponding third-party regulatory laws and regulations for the small program transaction scenario, it is necessary to clearly strengthen the transaction specification and supervision under this scenario through the "runaway" event of the pre sale of Apple mobile phones by Yiliangou. "Both platform providers and technology providers should, within their capabilities, provide customers with corresponding obligations and guarantee the safety of basic consumer behavior," Yao Zhiwei said.

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(Ke Ling, Mei Gu, Cong Chong, He Jie and Su Chu are pseudonyms)