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银行女职员诈骗后打赏6000万:平台、主播应退款吗?
Xin Jing Bao· 2025-07-04 03:55
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].
银行职员诈骗近亿打赏主播6000万,映客被判返1887万
Cai Jing Wang· 2025-07-02 05:55
Core Points - A bank employee, Xi Wei, was sentenced to life imprisonment for defrauding clients of over 160 million yuan, with more than 60 million yuan used for tipping live streamers on the Inke platform [1] - The court ordered the recovery of 18.88 million yuan from the parent company of Inke, Milaiwu Company, as part of the criminal judgment [1][2] - Milaiwu Company contested the recovery, arguing that it did not participate in the fraud and provided legitimate services to users [2][3] Summary by Sections Fraud Case Overview - Xi Wei, a former bank manager, defrauded 31 clients from 2009 to 2022, collecting over 160 million yuan in investments, with 90 million yuan still unreturned at the time of the case [1] - The fraudulent activities included creating fake investment products and misusing client funds for personal expenses and live streaming tips [1] Legal Proceedings - The Zhengzhou Intermediate Court issued a ruling to recover 18.88 million yuan from Milaiwu Company based on the profits generated from the fraudulent activities [1][2] - Milaiwu Company filed an objection to the court's decision, claiming that the recovery was unfair and that they had no involvement in the fraud [2][3] Current Status - The court rejected Milaiwu Company's objection, stating that it was essentially a challenge to the criminal judgment, which is outside the scope of execution objections [3] - Milaiwu Company has since applied for a review from the Henan Provincial High Court, and a hearing was held on June 23, 2025, with no ruling yet issued [3]