Wuhu Jinghu District People's Procuratorate

Indictment

JJEBS [2020] No. 1897

The defendant, Huang Moumou, male, born on * * *, 1973, with a resident ID card number of 5134011973 **********************, Han nationality, primary school culture, unemployed, whose domicile is at * * Group * *, * * Village * *, * * Township, Xichang City, Liangshan Yi Autonomous Prefecture, Sichuan Province, and now lives at * * Group * *, * * Village * * Village, * * Township, Xichang City, Liangshan Yi Autonomous Prefecture, Sichuan Province. The defendant Huang Moumou was detained by the Jinghu Branch of Wuhu Public Security Bureau on May 22, 2019 on suspicion of organizing and leading pyramid selling activities. On June 24 of the same year, the court refused to approve the arrest. On the same day, the Jinghu Branch of Wuhu Public Security Bureau changed the compulsory measure to obtain a guarantor pending trial. On November 8 of the same year, the court decided to obtain a guarantor pending trial.

The case was investigated and concluded by the Jinghu Branch of Wuhu Public Security Bureau. The investigation organ transferred the defendant Huang Moumou to our court for review and prosecution on November 6, 2019, because he was suspected of organizing and leading pyramid selling activities. After accepting the case, the court informed the defendant on November 8 of the same year that he had the right to entrust the defender and the possible legal consequences of pleading guilty and accepting punishment, interrogated the defendant according to law, and reviewed all case materials. The defendant agreed that the case should be tried through summary procedure.

After legal review, it is found that:

From the beginning of 2014 to January 2019, the defendant Huang worked with others in the residential area of Greenland New Town in Jinghu District of our city under the guise of engaging in the "1040 Project", in the name of "chain operation" and "capital operation" (there was no circulation of any physical goods in the business process, and its marketing target was an abstract concept called "product share", although this "product share" It is invisible, but it acts as a medium for pyramid schemes to seek illegal interests. Participants are required to purchase 1-21 shares of virtual products to qualify for development. The first share of virtual products needs to pay 3800 yuan, and the second share of virtual products needs to pay 3300 yuan each. The organization adopts the "five levels and three jin system" for hierarchical management based on the cumulative share of virtual products purchased by pyramid selling personnel and their development offline personnel. The five levels are salesmen (1-2), business leaders (3-9), business directors (10-64), business managers (65-599), and senior managers, also known as managers (more than 600); Three jin: 1. salesman, team leader director 2. director manager 3. manager manager; Rebate salary will be paid according to the level of employees and the number of shares of virtual products purchased by employees. At the time of the crime, the defendant, Mr. Huang, had directly or indirectly developed more than 30 offline personnel. The defendant Huang Moumou served as the self-discipline manager and chief manager of the organization.

On May 16, 2019, the defendant Huang Moumou was captured by the public security organ and brought to justice. After arriving at the case, he truthfully confessed the criminal facts of his organization and leadership of pyramid selling activities

The evidence for ascertaining the above facts is as follows:

1. Household registration information, case history, organization chart and other documentary evidence;

2. Testimony of witnesses such as Hai, A, Ni, etc;

3. The defendant Huang Moumou's confession and defense.

The above evidence collection procedure is legal and the content is objective and true enough to identify the facts of the allegations. The defendant Huang Moumou has no objection to the alleged criminal facts and evidence, and voluntarily pleads guilty and accepts punishment.

The court held that the defendant Huang Moumou, in the name of virtual "chain operation", required participants to obtain admission qualification by paying fees, and formed a hierarchy in a certain order, directly or indirectly using the number of development personnel as the basis for remuneration or rebate, to lure participants to continue to develop others to participate, defraud property, and disrupt economic and social order, His behavior has violated the provisions of Article 224-1 of the Criminal Law of the People's Republic of China. The facts of the crime are clear and the evidence is really sufficient. He should be investigated for criminal responsibility for the crime of organizing and leading pyramid selling activities. After the defendant Huang Moumou arrives at the case, if he can truthfully state the facts of the crime, he shall be punished according to Paragraph 3 of Article 67 of the Criminal Law of the People's Republic of China. The defendant Huang Moumou voluntarily pleads guilty and pleads guilty to punishment, which shall be punished according to Article 15 of the Criminal Procedure Law of the People's Republic of China. In order to maintain the order of socialist market economy and punish crimes, our court has initiated a public prosecution in accordance with the provisions of the first and second paragraphs of Article 176 of the Criminal Procedure Law of the People's Republic of China, and please be sentenced according to law.

Sincerely

People's Court of Jinghu District, Wuhu City, Anhui Province

Prosecutor: Fang Xiaoling

November 2, 2020

Attachment:

1. The defendant Huang is now on bail at his residence;

2. A Letter of Acknowledgment and Punishment and a Proposal for Application of Summary Procedure.

3. One volume of file materials.