Core tip: for ticket buyers, whether through the individual or the network platform to grab tickets, there are \"middlemen\" to earn the difference. Why, then, is the individual punished for breaking the law or even committing a crime, while the network platform has hardly done so? The experts believe that the law should have clear and uniform standards for the behavior of individuals and third-party ticket-buying platforms.
In 2017, he originally wanted to go home to start a business, saw that the third-party ticket platform can get tickets for people to start the business in his hometown, but it does not have the qualifications to book tickets.
As a result, Liu Jinfu used ticket snatching software to order train tickets on the 12306 website, with each 50 to 200 yuan to resell to ticket buyers, illegal profits of more than 310,000 yuan, the value of train tickets involved in more than 1.23 million yuan.
Liu Jinfu is very aggrieved. \"I don't know if it's part of selling train tickets, but I think big companies are doing it, because users can find me, or third-party platforms, and I don't force them to do it,\" he said.
In fact, for ticket buyers, whether through the individual or platform to grab tickets, there are \"middlemen\" to earn the difference. Why, then, are individuals often treated with justice, and the platform is hardly criminal?
In July 2017, Liu Jinfu bought online ticket snatching software for 1500 to 4500 yuan,\" coded \"for 30 yuan\/10,000, and 935 registered accounts of 12306 website real name for 2740 yuan for ticket snatching operation on 12306 website.
In addition, Liu Jinfu also bought two mobile phones for receiving orders and advertising. After winning the ticket, he charged the buyer a commission of 50 yuan to 200 yuan according to the number of train tickets he had purchased, the time of the trip and the number of trips to the station.
Using this method, from April 2018 to February 2019, Liu Jinfu has sold 3749 train tickets. When he buys, he must first obtain other passenger identity information, and then log on to another 12306, as an ordinary passenger to compete with others, and eventually buy tickets.
On September 10,2019, Liu Jinfu's case was heard at the Nanchang Railway Transport Court for first instance. The court found Liu Jinfu guilty of selling tickets and sentenced him to one year and six months'imprisonment and a fine of $1.24 million.
Liu Jinfu appealed against the verdict, and two lawyers pleaded not guilty. The reason is that mr liu charges a service charge, not a fare increase, and does not control the ticket source.
In the view of lawyers, the court of first instance ruled that the application of the law error, liu jinfu use software to buy tickets for customers, is a civil agency legal act, ticket ownership from beginning to end belong to the client, no transfer, there is no reselling behavior and reselling possible, do not constitute the crime of reselling tickets.
From the first instance to the second instance, Liu Jinfu has no objection to the fact part. However, there are different opinions on whether their behavior constitutes a criminal offence under the background of real name system.
During the trial, prosecutors gave an example of Liu Jinfu selling a nine-yuan-a-ticket ticket at a premium of 120 yuan to others during the Spring Festival in 2019. Therefore, they demanded that the sentence be upheld.