Article source | 《Fang Yuan》
Reporter | Fang Jiajia
Xiaoqin had never felt that the road to the leader's office was so difficult. She tried her best to suppress the panic and uneasiness in her heart. In the end, she still decided to bravely confess: "Sorry, Mr. Wang, I transferred some money from the company's account and betrayed your trust, and I would like to ask for your forgiveness." ”
At first, the boss Wang Jing did not dare to believe it. Xiaoqin has been in the company for 4 years, serving as a cashier, and has been practical and rigorous in work, and has also won the title of "advanced worker" of the year. In the face of Xiaoqin's sudden confession, Wang Jing was silent for half a moment, and then took Xiaoqin to the Finance Department to understand the specific situation. After repeated checking the bills, Wang Jing confirmed that Xiaoqin had indeed embezzled more than 4.8 million yuan of public funds privately, which was indeed unexpected by her.
A few hours later, Xiaoqin's parents came to the company and took the initiative to accompany Xiaoqin to turn himself in. They are also very surprised: the daughter does not pursue a luxurious life, has no bad habits, is 36 years old and unmarried, has never asked them for money, how can she use public funds? Where did the money go?
"Encounters" in the live room
In February 2020, during the COVID-19 epidemic, most units let employees work from home, and Xiaoqin's company was no exception. Affected by the epidemic, the company's business has slowed down, and Xiaoqin can quickly complete the work every day. In order to pass the leisure time, Xiaoqin downloaded douyin to watch the daily life of different groups of people.
At first, Xiaoqin just brushed the video, and by chance, she entered the live broadcast room and found it more interesting, there were talent live broadcasts, there were game live broadcasts, there were outdoor live broadcasts, and some people were pure nagging. Different from tv programs, the content in the live broadcast room is richer and more lifelike, and real-time interaction also makes Xiaoqin more involved. For talented high-value anchors, Xiaoqin can't help but stop and stay. In this way, she met the anchor Ah Shui.
Ah Shui now lives in Hangzhou, is a thick eyebrows, big eyes, white skin and long legs of small fresh meat, live broadcast mainly based on talent shows and do some small games. Xiaoqin quickly developed a crush on Ah Shui. Since then, entering the A-Shui live broadcast room, interacting with him has become Xiaoqin's daily routine.
In the live broadcast room, Ah Shui often connects with other anchors to PK (a kind of play of Douyin live broadcasting. The two anchors interact with each other, and the fans of both sides support the anchor by liking, brushing gifts, etc.). In order not to punish Ah Shui, Xiaoqin began to brush gifts for Ah Shui. Half a month later, Xiaoqin's crazy tips and overtures made her upgrade to a VIP fan of Ah Shui's live broadcast room, which successfully attracted Ah Shui's attention. As a fan benefit, Xiaoqin got Ah Shui's private WeChat and expressed her love at the same time. In the face of Xiaoqin's confession, Ah Shui said that he was a slow and hot person, and hoped to understand each other with Xiaoqin for a while. After that, in addition to recharging Ah Shui in the live broadcast room, Xiaoqin often chatted with him after the broadcast, and greeted him warmly and cared for him, just like a girlfriend.
A month later, when Xiaoqin saw that the balance of her savings card had gone from six figures to almost zero, she began to realize that she was acting "impulsively", so she told Ah Shui that she had been tight lately and could not tip him. Ah Shui was a little disappointed to hear this, because he was about to usher in a personal live broadcast of the full moon celebration. To this end, he told Xiaoqin that he especially hoped that she would be present to support him on the day of the event.
"So am I your girlfriend?" Xiaoqin tried to find a reason to support herself from Ah Shui's answer to continue to spend money for him. "Yes." Ah Shui's affirmative answer made Xiaoqin completely fall, and she decided to return to the live broadcast room to continue to recharge the list for Ah Shui. Since then, the two have begun an "underground romance", and the interaction between the live broadcasts has become more and more frequent and intimate.
In order to hide his true identity, Xiaoqin has always claimed to be the owner of a company, but in fact, he has constantly overdrafted his personal credit card and brushed gifts for Ah Shui, especially in the "520", anniversary celebrations and other activities, Xiaoqin is full of support for Ah Shui, sending him a "supreme salute" worth 6600 yuan, full of pride. Although the two did not have an "official announcement", fans will call Xiaoqin "sister-in-law", and Ah Shui did not deny this, which made Xiaoqin's vanity greatly satisfied. For her, it was an experience like never before.
Crazy tips for love
On July 16, Xiaoqin found that her savings had been used up and her credit card had been overdrawn, and she was once again in a dilemma. The emotional side told her that the two were already boyfriend and girlfriend, and supporting his career was what she should do. But the rational side told her to do what she could, "if Ah Shui really likes her, he will understand," she thought to herself. After thinking about it again, Xiaoqin decided to use the company's poor management as an excuse to tell Ah Shui that she could not continue to spend money for him to play the list, hoping that Ah Shui could understand.
After seeing the news, Ah Shui was not very happy. He told Xiaoqin that if Xiaoqin no longer plays the list for him, then other fans will think that it is a problem with Ah Shui, and this will affect his traffic and reputation. In the face of Ah Shui's bitter pleading, Xiaoqin softened her heart again.
"But where do you get so much money?" When she was anxious, Xiaoqin had an improper thought in her heart. Because of working from home, Xiaoqin, under the authorization of the leader, brought the U shield of the company account back home for reimbursement, salary and external payment. "If you don't borrow some public funds first, and then make up for it after you get the year-end bonus, it should be fine." With a fluke mentality, Xiaoqin used the company's U shield to withdraw 50,000 yuan from the company's account in two installments and deleted the transaction record in the statement.
On the day of the Tanabata Festival, Xiaoqin received 9 roses and a greeting card sent by Ah Shui, which read, "In the future, I will call eight or nine, you will call ten, and eight or nine will not leave ten." Xiaoqin is very happy and feels that all the efforts are worth it, and the relationship between the two has gradually escalated. Later, in a chat, Ah Shui revealed that he did not mind Xiaoqin's age, and the family would not care about their love problems, which made Xiaoqin have further ideas. At Xiaoqin's suggestion, the two agreed to meet on National Day.
In this way, in the next two months, Xiaoqin repeatedly embezzled public funds to recharge the list for Ah Shui, although there was an idea of giving up the tip, but once the thought of this move affecting the income and flow of Ah Shui, the relationship between the two of them may also end. In the end, Xiaoqin chose to continue to "borrow" public funds to support Ah Shui's cause.
On September 18, Xiaoqin roughly calculated the amount of "borrowed" public funds to make her own plans for the next step. When she got the statement, Xiaoqin found that things were not good, and the amount of embezzled public funds had reached more than 4 million yuan, far exceeding her ability to repay. Suddenly, her brain went blank, and after several struggles, she decided to confess to the leader and seek forgiveness.
Live tipping should be done according to your ability
The public security organs found that Xiaoqin took advantage of her position as a company cashier to manage the company's public account, and transferred more than 4.8 million yuan from the company's account to her personal account 163 times through online banking transfers, non-submission for approval, and tampering with company statements, which were used for squandering of the vibrato reward anchor, suspected of the crime of job embezzlement. In view of the fact that Xiaoqin voluntarily surrendered, truthfully confessed to the crime committed, voluntarily confessed guilt and repented in court, and her parents also actively returned the stolen money, which was forgiven by the company where Xiaoqin worked, the procuratorate handling the case recommended a lighter punishment as appropriate. On July 27, 2021, the court adopted all the facts of the crimes and sentencing recommendations charged by the procuratorate, and sentenced Xiaoqin to three years' imprisonment, suspended for three years, and a fine of RMB 100,000 for the crime of usurpation of office.
Remembering Ah Shui's sweet words in private, the envy and blessings from fans, and the confused behavior of her own illegal recharge and reward, Xiaoqin has an unspeakable taste in her heart, she can't be sure whether this relationship is an illusion of relying on money, or it has really existed, but Xiaoqin's behavior has left a stain on her future career path, and her retired parents have mortgaged her property, borrowed money everywhere, and could not enjoy her old age.
The list-hitting mechanism of online live broadcasting is like a whirlpool, which is easy to make people fall into it. Such lessons are not uncommon and require us to be vigilant at all times. The prosecutor who undertook the case said that high amounts of irrational consumption not only occur in mentally handicapped minors, but also adults will have hot heads and impulsive consumption. Adults with full capacity for civil conduct consume on online live broadcasting platforms, voluntarily tip the anchor, and regret it afterwards and want to claim it back, the law will not support it. Therefore, for live broadcast tipping behavior, everyone needs to treat it rationally, carefully assess the individual's consumption ability and repayment ability, act according to their ability, and do not do illegal and criminal things. (The people involved in the case are pseudonyms)
Fangyuan magazine is a rule of law news journal in charge of the Supreme People's Procuratorate and sponsored by procuratorial daily newspaper. Taking the rule of law as the perspective of observation, the magazine pays close attention to important people, viewpoints and events that affect the process of rule of law in China, strives to broaden the news horizon, and disseminates a new culture of rule of law.
Produced by Dongcheng Procuratorial New Media
Cases provide | The Second Procuratorial Department Wang Peilin
Edit | morning star