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Recently, a large number of city- and county-level television stations in Jiangxi, Anhui, Fujian, Shandong, Henan, and other provinces and cities have been given a headache by a "professional anti-counterfeiter" named "Li Guang." Because they all received the written materials of "Li Guang's Fight against Fake Network", which listed in great detail the violations of laws and regulations in the medical and drug advertisements of the TV station, and some also attached screenshots of the TV screen with the station logo, it can be said that the words are conclusive. TV stations are faced with a dilemma, either they will stop broadcasting these ads and lose a lot of revenue; Either continue to broadcast, but in exchange for Li Guang, the report materials are widely distributed to local leaders, as well as industry and commerce, drug supervision and other departments, requiring them to investigate and deal with the TV station.
Li Guang's whereabouts can be clearly seen from his own **, he was in Jiangxi some time ago, and now he is "fighting" in Henan. We can imagine that he must have brought recording equipment with him, and he had to stay in each county and city for a while. The cost of this is not a small amount.
He spent so much money and effort, is it really to "help the people purify the sound screen"?
Some TV stations have found a more convenient solution, because Li Guang has left his mobile phone number very prominently on the materials, which is completely different from the average whistleblower. At the beginning, Li Guang was very righteous and strict, "I represent the interests of the broad masses of the people, and I strongly demand that you stop broadcasting these illegal advertisements." However, when the TV station offered to give him a "hardship fee", Liu Jiang immediately changed his tone, and everything was "negotiable".
Then he would send a bank to the TV station by e-mail and other means. From beginning to end, Lee Kuang will not show his face. When it is confirmed that the money has arrived, the TV station will be "calm".
Don't believe Li Guang's words, his purpose is for money, and he defrauded a lot of money in several counties last year, (absolutely true, there is not a single lie), you can ask the public security department to investigate this matter.
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Li Guang is a **, everyone is vigilant.
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You're still asking about this! As early as before, there were cases of using the slogan of "anti-counterfeiting" to blackmail enterprises. In fact, this is a premeditated, targeted scam.
Li Guang is just his pseudonym, he just does not use the Internet to publish some negative news that slanders enterprises to extort "hush money" from enterprises, the amount of which is relatively large, so he will not target ordinary enterprises, and specially select powerful enterprises to carry out malicious attacks. The "Li Guang Crackdown on Fake Network" established by him also has no legal basis at all, and it is a false individual, and the negative news about the enterprise is fabricated out of thin air, with the purpose of achieving the "hush money" it extorts. You can search for the term "Li Guang's anti-counterfeiting", which contains evidence that it uses the so-called "anti-counterfeiting" to extort enterprises.
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Legal Analysis]: Illegal. "Professional anti-counterfeiters" generally refer to those who deliberately purchase problematic goods or services for the purpose of making money and demand compensation from the merchant.
The anti-counterfeiting skills, means and mastery of relevant laws and regulations in the consumer field have also become more proficient with the success of 15 years. But what I don't want to see is that there are some people in such a group who make a living from profit or even extortion, "fighting fake with fakes", taking advantage of the legal gap and the psychology of businesses to settle things and get gray income. Since the "professional anti-counterfeiter" does not have the attributes of consuming, purchasing, using goods or receiving services for daily life, and therefore does not have the rights enjoyed by consumers, its behavior of demanding high compensation from merchants is suspected of illegal and illegal fraud.
Cracking down on counterfeiting for the purpose of making money, knowing that there is a problem with the goods, deliberately large quantities, and then asking the merchant to pay compensation through counterfeiting.
Legal basis]: "Criminal Law of the People's Republic of China" Article 274: Where the amount of extortion or extortion of public or private property is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or where the amount of the penalty is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the penalty is especially huge or there are other especially serious circumstances of the fight, a sentence of not less than 10 years imprisonment and a concurrent fine is to be given.
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Sooner or later, it is illegal for a professional counterfeiter, because the professional counterfeiter is for the purpose of making money, deliberately constituting problematic goods or services, so as to demand compensation from the merchant, if it is an extortion of the merchant, the amount is relatively large or the extortion is repeated, it may constitute the crime of extortion, which is illegal and criminal.
Article 274 of the Criminal Law: Where public or private property is extorted, the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
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Legal analysis: According to the specific situation, if the professional anti-counterfeiter claims compensation in accordance with the laws and regulations of the country, it does not constitute extortion. As the name suggests, "cracking down on counterfeiting" is to crack down on the production and sale of counterfeit goods and the act of cracking down on counterfeit and shoddy goods.
There are first-class anti-counterfeiting, as well as anti-counterfeiting by enterprises and consumers, and even professional anti-counterfeiters. However, no matter what form of crackdown on counterfeiting should be based on legality, especially the crackdown on counterfeiting by the people. Now there is a kind of malicious anti-counterfeiting behavior, which is different from professional anti-counterfeiting, which is an illegal act, which is mainly manifested in the use of illegal means such as dropping the seller's products and bringing fake goods, and using intimidation, threats or coercion against the victim to achieve the purpose of extortion and illegal possession of other people's property.
Although professional anti-counterfeiters also buy counterfeits knowingly and then claim compensation from the seller, they do not violate the relevant laws and regulations, and their claims are also made in accordance with the provisions of laws and regulations. However, malicious anti-counterfeiting is the use of fake answers, such as carrying goods to drop real goods or bringing fake goods, etc., to force the store to pay high compensation on the grounds of purchasing fake goods, which is an illegal act, and the circumstances are serious and constitute a criminal act, and should be prosecuted by law. Therefore, if a professional anti-counterfeiter adopts a legal method to crack down on counterfeiting, it does not constitute extortion.
Legal basis
Criminal Law of the People's Republic of China Article 274:Whoever extorts public or private property, where the amount is relatively large or extorts multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or where the amount of a fine is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the fine is especially huge or there are other especially serious circumstances, a sentence of ten or more years imprisonment and a concurrent fine is to be given.
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