What crimes have dozens of WeChat merchants been sentenced for purchasing?

With the upsurge of online shopping, in addition to major e-commerce platforms, "WeChat business" has become increasingly active, and exclusive overseas buyers have "screened" their circle of friends from time to time. It is common to buy brand-name bags, watches, cosmetics and medicines. In recent years, several diet pills from Thailand have been sought after by many women who love beauty.

But problems also follow. According to Jiangsu media reports, at the end of 20 17, a woman in Jiangsu province suffered from palpitation, cold sweat, insomnia and other symptoms after taking the "Thai dc diet pills". I saw a doctor, and the doctor said that these symptoms were related to taking medicine, and some ingredients in the medicine were forbidden.

In fact, there is a precedent for WeChat merchants to be sentenced for purchasing Thai diet pills. The paper searched the public judgment documents through the non-litigation network, and found that there were 46 cases in which the defendant was sentenced for selling some brands of Thai diet pills in the past six years, many of which were sold through Taobao or WeChat.

In the appeal case, Yanhee, Dermcare,&; Thai diet pills imported without approval, such as ldquo and NPP, have appeared for many years and have been repeatedly banned. The paper finds that there are still online sales of Thai diet pills such as Yanhee and Dermcare in WeChat business. Consumers only need to fill out a "health form" and they will prescribe medicine in Thailand and send it back to China.

"XX in Bangkok" Thailand purchasing Taobao shop homepage screenshot. The pictures in this article are all screenshots of web pages.

Wechat merchants were sentenced for importing Thai diet pills without authorization.

Among the 46 judgment documents of Thai slimming drugs in criminal cases searched by the newspaper, many buyers and sellers conduct online transactions through social platforms such as Taobao and WeChat, and sellers send drugs to buyers by mail.

As early as 20 14, online shop operators in Hangzhou were sentenced for buying these two diet pills.

According to the judgment of this case, from the beginning of 20 13 to September, the defendant Gao sold Avene and skincare slimming drugs purchased from Thailand to others through Taobao. The sales amount is 2500965438 yuan +0 yuan.

On September 23rd, 20 13, the public security organs seized ***5 1 diet pills (5367 pills, valued at 14000 yuan) from his home. According to the introduction of the US Food and Drug Administration in Hangzhou, these 5 1 kinds of diet pills were imported without approval, and all of them were counterfeit drugs. Sibutramine hydrochloride was detected in 8 diet pills (463 pills), and furosemide was detected in 1 diet pill (56 pills).

In the end, both husband and wife were sentenced to three years in prison and suspended for four years by the court for selling counterfeit drugs. Wu Mou A was sentenced to three years' imprisonment, suspended for three years.

For another example, from 2065438 to September 2007, Zhuhai Intermediate People's Court also decided a similar case in the second instance.

According to the verdict, starting from 20 14, the defendants Zheng Moyu and Li Mouqi sold the Thai diet drug yanhee through WeChat, and the local doctors and nurses in Thailand issued prescriptions and sent them back to China.

2065438+June 2007, at the first trial of the case, both of them were convicted of selling counterfeit drugs. Zheng Mouyu refused to accept the appeal, and his defender suggested that Zheng Mouyu sold foreign drugs imported without approval, which was "treated as fake drugs" and was less harmful than real fake drugs. The court of second instance adopted the defense's opinion.

In the end, the court of second instance upheld the conviction of Zheng Baoyu for selling counterfeit drugs by the court of first instance, but the sentence was reduced. The original judgment of "three years' imprisonment" was changed to "three years' imprisonment with four years' probation".

By combing the relevant judgment documents, it is found that the defendants involved in such cases include "the crime of producing and selling counterfeit drugs", "the crime of selling toxic and harmful food" and "the crime of illegal business operation".

For example, in a case judged by the Intermediate People's Court of Shaoxing City, Zhejiang Province in the second instance of 2065438+September 2007, the defendant Lu Mouhui bought Yanxi slimming products orally at a low price without going through industrial and commercial registration and business license, and sold them at a higher price through WeChat channels. The weight loss products involved have no Chinese production batch number, manufacturer, inspection mark and other product information, and some buyers have adverse reactions after taking them.

In this case, more than 170 consumers who bought YANHEE Thai slimming products from the defendant through WeChat testified.

In this case, 1 1 The defendant was convicted of selling fake and inferior products or illegal business in the first instance, and was convicted of "selling toxic harmful food" in the second instance. The court of second instance found that the weight loss products involved should not be identified as drugs.

The reason is that there is no evidence in this case that the defendant's main purpose in selling the products involved is to prevent and treat obesity and other diseases, and there is no evidence that the buyer bought the products involved mainly to prevent and treat obesity and other diseases. At the same time, there are no items such as "pharmaceutical ingredients", "indications or functional indications" on the packaging of the products involved, which does not meet the definition of drugs in the Drug Administration Law of People's Republic of China (PRC).

Some people in the WeChat business call it purchasing: you can fill out the health form and air it.

20 18 03 14 searched for "Thai diet pills" on Taobao, but no related products were found. In WeChat, you can still find such a WeChat business, and some buyers are still taking orders and still selling.

After talking to a WeChat merchant named "* * in Bangkok" on WeChat, the paper said that both Dermcare and Yanhee can be purchased.

"Skin care is better, no side effects, eating and sleeping normally." According to Daigou, Yanhee diet pills have side effects, but they are harmless to the body. "Faster heartbeat or dizziness are early. I just ate it, and I will eat it for a few days. "

"Yan Xi's is basically less than 1000." According to the purchasing agency, the prices of the two diet pills are somewhat different. According to the brief introduction of Dermcare sent by the purchasing agency, "Dermcare's price ranges from 1900-300, and drugs are prescribed according to individual constitution, and different constitutions have different prices".

Dermcare's profile also wrote: "Dermcare is a famous beauty institution, and many celebrities have gone to Thailand to prescribe dc diet pills." "The shopkeeper also ate three courses of treatment, from 125kg to 10 1kg, and lost 48 kg. Small business owners can flip through my circle of friends and have records. "

As for the prescription process, the purchasing introduction needs to fill in a health form first, and the purchasing will take the form to the doctor, and the doctor will fill in the medicine according to the form. The prescribed medicine will be sent back to China on the last flight.

The "health form" sent by this purchasing agency has no format, just a list of questions. More than ten questions include "current height and weight, ideal weight", "whether there is a serious illness, whether there is a history of drug allergy", "which part do you want to lose most", "whether menstruation is normal, whether dysmenorrhea" and so on.

During the consultation, "* * is in Bangkok" said that the deposit can be taken through Taobao shop. Click on the Taobao link sent by it, and the product page displays the words "Thailand ointment pre-purchase deposit and other special sales".

Screenshot of the link to buy the deposit of Taobao store.

There is a picture logo on the homepage of the online store: "The owner personally flies to Bangkok to purchase, and the circle of friends can watch the on-site purchase. The owner' satellite' can consult customer service in detail. "

In the owner's WeChat circle of friends, 2018 65438+127 October, he posted a short video: two women are packing various pills in a room decorated as "skin care". The article in this circle of friends reads: "I am afraid of gaining weight in the New Year, remember to prepare a dc diet pill."

Buy a small video screenshot shared by WeChat friends circle.

On March 8 this year, WeChat merchants published a batch of express numbers of diet pills in the circle of friends, all of which were SF Express QR code labels with names and regions marked on them, totaling more than 30, covering more than ten provinces and cities such as Zhejiang, Anhui, Guangdong, Yunnan, Xinjiang and Jilin.

How should the WeChat business be supervised?

In fact, the paper combed and searched 46 public cases, and found that the case of being sentenced for buying Thai diet pills can be traced back to 20 13 at the earliest, and there were such cases all over the country in the next five years. Among them, cases involving Taobao transactions were pronounced on or before 20 15 years, while WeChat merchants' purchasing cases occurred in the last 5 years, 16, with dozens of defendants.

The analysis of complaints accepted by the National Consumers Association in the first half of 20 17 released by China Consumers Association shows that in the first half of 20 17, the National Consumers Association accepted 22,804 complaints about remote shopping, accounting for 53. 1% of sales and service complaints. In remote shopping, individual online merchants represented by WeChat business are one of the main complaints.

The newspaper reported in March 2065438+2008 that during the two sessions this year, Zhang Qiuxiang, a representative of the National People's Congress, pointed out that most of the current "WeChat business" had no business qualifications, and its business behavior was unsafe and there was a blind spot in supervision. Consumers do not pay enough attention to the false propaganda and deception of "friends circle" marketing, and there are still many difficulties for consumers to protect their rights according to law.

In this regard, Zhang Qiuxiang suggested that efforts should be made to rectify the industry, strengthen user information management by gradually exploring and promoting the registration of "WeChat merchants" and flashing electronic business licenses, cancel the accounts of "WeChat merchants" without business licenses, shield their trading links, and put an end to illegal business practices.

According to China Youth Network, on March 3rd this year, Ma, deputy to the National People's Congress and chairman and CEO of Tencent Company, said on the issue of "WeChat business" supervision that sometimes, just like the urban management sees a liar in the street, it can only be a sign to remind everyone. "I hope that there will be a clearer plan in legislation and management in the future, and we will resolutely implement it."

In fact, as early as 20171/e-commerce law (second draft), the supervision of "wechat business" once caused a heated discussion in the legal field.

Whether "WeChat business" belongs to "e-commerce operator" is the focus of discussion.

According to the previous report of China Youth Daily, in Article 10 of Chapter 2 of the second draft, e-commerce operators are divided into three categories: e-commerce operators who build their own websites, e-commerce platform operators and e-commerce operators within platforms, and the categories of platform operators and operators within platforms are defined.

According to the report, some experts pointed out that whether "WeChat merchants" belong to e-commerce operators should be clearly stipulated in the E-Commerce Law. Yang Xiaojun, secretary-general of Beijing Consumers Association, believes that WeChat business is a kind of e-commerce business format, but the official has not given a clear legal definition of WeChat business.

This article interviewed Professor Wu Changhai, vice president of the Institute of Capital and Finance of China University of Political Science and Law. Wu Changhai believes that "WeChat merchants" should be included in the category of "e-commerce operators in the platform", and WeChat itself is a platform.

Wu Changhai believes that the E-commerce Law (the second draft for review) clearly stipulates the access, withdrawal and promotion of e-commerce business, but lacks details on the supervision of specific behaviors in its business process, such as adopting negative lists to prohibit sexual behavior and blacklisting untrustworthy operators.

"The draft should clarify the responsibilities and obligations between platform operators and e-commerce operators, stipulate corresponding administrative responsibilities, civil responsibilities and criminal responsibilities, and pay attention to the convergence with laws such as the Anti-Unfair Competition Law, the Consumer Protection Law and the Product Quality Law." Wu Changhai said.

Wu Changhai also pointed out that the content of supervision and inspection in the second draft is still blank, and the draft lacks authorization for the regulatory authorities. "This will lead to a lack of supervision. E-commerce operations often have no entities, and supervision will face greater challenges."

"The focus of legislation now should be on protecting consumers, curbing counterfeit and shoddy goods and cracking down on online pyramid schemes." Wu Changhai said.

Finally, someone punished the WeChat business.