Someone sells second-hand bicycles. What is it?

Recently, some netizens in Weibo broke the news that * * * bicycles appeared on many second-hand goods trading platforms, and the asking price ranged from 40 yuan to 100 yuan. A seller from bike-sharing, Shanghai ofo, said that people can be called together, and "it only takes one day to build 100 cars". In addition, this person also taught * * * to enjoy bicycle unlocking technology, and the asking price for each brand was 1 1,000 yuan. In this regard, the relevant person in charge of ofo Company said that if the matter is true, it will report the case to the public security organ. Lawyers believe that it is theft for the car collector to pry open the lock of the bicycle and destroy the QR code for sale.

On the morning of April 13, Weibo netizen "Beijinger News" released a message saying that ofo bike-sharing appeared in the second-hand goods trading platform-"Idle Fish". The screenshot below the message shows that "Idle Fish" user "Backseat 2 144" is selling a yellow car at the price of 59 yuan. At noon that day, the user was retrieved through the "Free Fish" APP. At this time, his message of "selling ofo bike-sharing at a low price" has been deleted.

In addition to "idle fish", the same situation also appeared on the second-hand goods trading platform "turn around". 13 in the afternoon, the reporter opened the "turn around" mobile APP and entered the word "little yellow car" in the search bar. There are two items of commodity information about ofo bike-sharing in the search list.

According to the information released by the seller Liu, the vehicle it sells is located in Chaoyang District, Beijing, and the price is 100 yuan. The seller attached a picture of ofo bike-sharing below the information, in which the inner tube on the rear side of the vehicle was exposed. According to information released by another seller, Liang, the vehicle he sells is in Fengxian District, Shanghai, and the price is 40 yuan. The reporter found that the QR code and number plate of this small yellow car have been smeared.

Through Liang's introduction, I contacted his friend "Gongzi" who "can engage in vehicles". In addition to collecting and selling cars, "Gongzi" also teaches how to crack the bicycle password lock. "Different brands of vehicles have different unlocking methods, and each brand needs to pay 1 0,000 yuan."

It is recommended to watch the unlocking video before considering whether to buy technology. Then, "Gongzi" sent two videos. In the first video, a locked ofo bike-sharing appeared. In the second video, a man put his hands near the lock of Xiao Huang's car, and the lock was opened in less than two seconds. "Gongzi" said that this video was just recorded by him. "The technology of unlocking is very simple. You will understand after reading it. After paying the money, I can record the teaching video and send it to you. "

According to the relevant person in charge of ofo company, three or four months ago, some second-hand goods trading platforms have appeared to enjoy bicycles. After discovering this situation, the company immediately communicated with the relevant platforms and asked them to withdraw the product information about * * * bicycles. In addition, the company also contacted law enforcement agencies for investigation and evidence collection. "For this kind of behavior, we are resolutely cracking down." The person in charge said.

Regarding the above-mentioned self-proclaimed behavior of "teaching the unlocking tutorial and selling cars in batches", the person in charge said that the company would first understand it, and if there is any, it would contact the public security organ for handling.

Contact the above-mentioned car seller Liang as the payee. Liang is in Shanghai. According to him, the little yellow car he "turned around" was given by a friend. "My friend can unlock the car, and there is a special team to engage in vehicles. This kind of car is nothing to him. " Liang told reporters.

When asked to buy bicycles for enjoyment, Liang said that he could "engage in bicycles" through his friends. "As long as * * * enjoys cycling, we will do it, including ofo bike-sharing and mobike." Liang said that after getting the vehicle, they would tear it down and express it. In addition, Liang said that the bicycle locks used for sale have been cracked. "The password lock is naturally opened to ensure all-round riding."

According to "Gongzi", he can unlock the car through technical means and take away the positioning. As the consignee, I asked him, 100 bicycles will take several days to receive. "Childe" replied, "It can be done in one day, the vehicle cracked, and the rest was trivial".

"Gongzi" said that the unit price of ofo sold by it was 70 yuan in bike-sharing and 500 yuan in mobike. "After the customer places an order, we will call someone to make a car. After the number of cars reaches the number required by customers, the vehicles will be dismantled on site and then packaged one by one. " "Gongzi" said that if the consignee is in several provinces around Shanghai, it will receive the goods within three days after placing the order, and if it is in Hebei, Beijing and other places, it will take four or five days.

In June 5438+February last year, bicycles such as ofo and mobike appeared on some second-hand platforms, and the asking price reached 2000 yuan.

According to media reports, February 28th, 65438, 58 Tongcheng, Jiji. Com and 58 Group Transfer Platform said that the whole platform prohibits the sale of bicycles for second-hand sale. Today, the trading information of * * * enjoy bicycles is online again.

In an interview with the media at 65438 in February last year, the relevant person in charge of the transfer said that the content released by the transfer platform has an automatic review mechanism, and the published content with the words mobike and ofo will be intercepted by machine recognition through technical means.

Secondly, the full-time auditor who "turns around" will check the content on the platform every day, and once the illegal content is found, it will be deleted. In addition, there is a reporting portal on the platform, which has different degrees of punishment measures for users who publish bad content.

In addition, according to the penalty for "transferring" users, users are not allowed to publish information about goods that are not allowed to be sold by national laws and regulations; Prohibited commodity information and other commodity information that violates laws and regulations or the rules of the transfer platform.

Yesterday afternoon, regarding the appearance of ofo bike-sharing on the platform, a customer service staff of Zhuanzhuan said that the * * * non-personal second-hand idle items enjoyed by bicycles should not be bought and sold on the platform. The transaction information of online platform may be caused by system audit error.

Han Xiao, a lawyer of Beijing Kangda Law Firm, believes that it is theft for the car collector to pry open the lock on the bicycle and destroy the QR code for sale. According to Article 264 of China's Criminal Law, whoever steals public or private property in a relatively large amount, or repeatedly steals, breaks into houses, steals with weapons or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined. The behavior of the car collector constitutes theft.

In addition, for the sale of unlocking technology, Mr. Han claimed that this behavior violated the provisions of Article 294 of the Criminal Law and constituted the crime of teaching criminal methods.

For the bicycle buyer, Mr. Han said that if the actual source of the bicycle is not clear, according to the relativity of the contract, as long as the bona fide third party pays the corresponding consideration, the property rights will be transferred when the goods are delivered. If the buyer knows that it is a stolen bicycle, the bicycle company has the right to recover the bicycle.

According to Article 321 of the Criminal Law, anyone who knowingly conceals, transfers, sells on behalf of others or conceals or conceals by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The seller knows that it is a stolen bicycle and sells it, which constitutes a cover-up and concealment of criminal facts.

Lawyer Han said that the trading platform has the responsibility of supervision and management and has the obligation to review the goods sold by netizens. According to Article 36 of Tort Liability Law, if a network service provider knows that a network user uses its network service to infringe upon the interests of others and fails to take necessary measures, it shall be jointly and severally liable with the network user. If the second-hand trading platform deletes the information in time after discovery, it will not be liable.