银行女职员诈骗后打赏6000万：平台、主播应退款吗？

Core Viewpoint - The article discusses the legal implications of using embezzled funds for live streaming tips, highlighting the ongoing debate about whether streaming platforms and streamers should return the illicit funds [1][3][11]. Group 1: Case Overview - A bank employee, Xi Wei, defrauded clients of over 1.6 billion yuan, with 600 million yuan used for live streaming tips [3][4]. - Courts have varied in their rulings on whether tips made with embezzled funds should be returned, with some courts viewing tips as gifts and others as transactions lacking reasonable compensation [4][5][11]. Group 2: Judicial Precedents - In a case involving a financial employee who embezzled 13.56 million yuan, the court ordered the return of over 5 million yuan given as tips, stating that the platform did not provide reasonable services [4]. - Another case ruled that 23 million yuan of embezzled funds used for tips should be returned, emphasizing the lack of a valid service contract [5][11]. Group 3: Legal Perspectives - Legal experts argue that the nature of live streaming tips is ambiguous, with some viewing them as gifts and others as contractual payments for services rendered [11][15]. - The concept of "good faith acquisition" is debated, with some courts allowing platforms and streamers to retain funds if they did not know the source of the money [12][13][17]. Group 4: Industry Implications - The rapid growth of the live streaming industry raises questions about the legal framework governing tips, with significant financial implications for platforms and streamers [16][18]. - Experts suggest that platforms should not be penalized if they fulfill their regulatory obligations and that the nature of tips should be recognized as a form of consumer transaction [15][16].