Fortune Telling Collection - Comprehensive fortune-telling - Is it illegal to use the loopholes in the Tmall rule to collect money?
Is it illegal to use the loopholes in the Tmall rule to collect money?
Taking advantage of loopholes is unjust enrichment in itself. Malicious use of rules for profit is a dishonest act. If the circumstances are serious and the amount is large, it may even involve criminal responsibility.
1. If the amount is not large, unjust enrichment shall bear civil liability.
According to the provisions of Article 79, paragraph 2 and Article 92 of the General Principles of the Civil Law, lost property, drifting objects or stray animals shall be returned to the owner, and the expenses incurred therefrom shall be reimbursed by the owner. If improper benefits are obtained without legal basis and losses are caused to others, the improper benefits obtained shall be returned to the person who has suffered losses. Therefore, unjust enrichment should bear civil liability.
2. If the amount is relatively large, the unjust enrichment person shall bear criminal responsibility.
According to Article 270 of the Criminal Law, anyone who illegally occupies another person's property for his custody and refuses to return it shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. Therefore, those with large amount and unjust enrichment should bear criminal responsibility.
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