RINAPE :: Volume #12

#1145: Finds a person to be a scapegoat

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Almost frightened Yang Peng who fainted to be detained the vehicles of Peng City police directly, four Peng City police officers expressed gratitude and says goodbye with the Hangzhou police officer, while telephone message another four worked together, informed their people to catch, now immediately returns to Peng City. 几乎吓昏过去的杨鹏直接被押上了彭城警方的车辆,四名彭城干警一边与杭城干警道谢、告别,一边电话通知另外四名同事,告知他们人已经抓到了,现在立刻返回彭城。 Since Ministry of Public Security requests regional police to take the household register to coordinate to investigate as the standard, then Yang Peng must bring back to Peng City, conducts the examination and suing by the Peng City police, if the Hangzhou police decide to unify the appeal when the time comes, again shifts the suspect and related dossier material by each region police to the Hangzhou police. 既然公安部要求各地警方以户籍为准配合查案,那么杨鹏就必然要带回彭城,由彭城警方进行审查并提起公诉,如果杭城警方到时候决定统一公诉,再由各地警方将嫌疑人以及相关卷宗资料转移给杭城警方。 Therefore, just rushed to Hangzhou less than two hours of police officers, stepped the road of return trip nonstop. 于是,刚赶到杭城不足两个小时的干警们,又马不停蹄的踏上了返程的路。 Yang Peng in the police vehicle back row, about was gripped by a police officer, in the hand wears the handcuff, such as the falling icehouse, knew at heart immediately is the hometown police, hastily is crying the inquiry with the native dialect: „Did police comrade, the fellow villager, what matter my violate?” 杨鹏在警车后排,左右都被一名干警夹住,手上戴着手铐,心里顿时如坠冰窖,得知是家乡警察,急忙用家乡话哭着询问:“警察同志,老乡,我这到底犯了什么事了？” A policeman who vice- harnesses turns head, is taking a look at him, asked: „Commits a crime yourself not to know in heart?” 副驾上的一名警察回过头来,打量着他,问道:“犯什么事你自己心里没数吗？” Yang Peng shakes the head again and again, innocent complained tearfully: „I am a shop shop owner, works and operates calmly and steadily seriously, where has been against the law!” 杨鹏连连摇头,一脸无辜的哭诉道:“我就是一个网店店主,安安稳稳做事、本本分分经营,哪触犯过法律啊！” The police hehe smile, said: „In your shop sells what thing is, don't yourself know in heart?” 那警察呵呵一笑,说:“你店里卖的都是什么东西,你自己心里没数吗？” Yang Peng does intentionally ignorant shaking the head. 杨鹏故作懵懂的摇摇头。 The police sneer, said: „Yang Peng, is the fellow villager, the speech solid point is also respect, whom did your matter hide the truth from? In your shop 10 million sales volumes, are how many genuine article, how many are the counterfeit goods? I look at your in 10 million, perhaps doesn't have including a genuine article?” 那警察冷笑一声,说:“杨鹏,都是老乡,说话实在一点也算是互相之间的尊重,你这点事儿瞒得了谁？你店里一千万的销售额,有多少是真货、多少是假货？我看你这一千万里面,恐怕连一件真货都没有吧？” Yang Peng thump, said hastily: „Police comrade, my goods are the supplier give, is really false how would I know these, if false, I am also one of the victims, must grasp stresses these fabrication, with selling counterfeit goods to my person!” 杨鹏心里咯噔一下,连忙说:“警察同志,我的货都是供货商给的,是真是假我哪知道那些啊,如果是假的,那我也是受害者之一,要抓得抓那些造假的,和卖假货给我的人啊！” Police brow slightly pressed, cold sound said: „No rush, your online person no one can be inescapable, you with my quibbling were useless, to wait for the court, you went to quibble with the judge.” 警察眉头微蹙,冷声说道:“别急,你们这一条线上的人谁都跑不了,你跟我狡辩没有用,等上了法庭,你去跟法官狡辩吧。” Officer Yang Peng scared looks at, asking of entreaty: „Police comrade, asking you to divulge the details to me, if my matter sentenced, how many years can sentence?” 杨鹏恐慌不已的看着警察,哀求的问道:“警察同志,求您给我透个底,我这事儿要是判下来,得判多少年？” The police said lightly: „Your this amount 10 million, if the final determination is so many, I thought that you at least must sentence 15 years.” 警察淡淡道:“你这涉案金额一千万,如果最后确定是这么多,我看你至少也得判个十五年。” Speaking of this, the police supplemented one: „At least, but I looked that is the indefinite surface is big, when the time comes your illegal gains will also be confiscated, are you big this year? 26 years old? Hasn't married? When you are released after serving sentence, it is estimated that at least 40 years old.” 说到这,警察补充了一句:“是至少,不过我看是无期的面大,到时候你的那些非法所得也会被没收,你今年多大了？二十六岁？还没结婚吧？等你刑满释放,估计至少四十岁了。” Yang Peng hears this, the whole person was found time all strengths instantaneously, the tears also strung together drops downward, he who the skewer kept has a dream also didn't expect, the happy life just started, oneself become the captive immediately, life imprisonment these four characters make him very desperate, the innermost feelings regretted the pinnacle to the beforehand actions, but regrets that now has not used, the law will not give him any opportunity of regret. 杨鹏一听到这,整个人瞬间被抽空了所有力量,眼泪也串成了串不停的往下滴,他做梦也没想到,美好的人生才刚刚开始,自己就立刻成了阶下囚,无期徒刑这四个字让他无比绝望,内心对自己之前的所作所为后悔到了极致,但是现在后悔已经没有用了,法律不会给他任何后悔的机会。 600 kilometers long-distance distance, Yang Peng's tears have not stopped...... 六百公里的长途路程,杨鹏的眼泪就没有停过…… With Yang Peng's appearing in court, opened LeTao to sell the prologue that the fake seller appears in court officially, each region police attack rapidly, arrest suspect in the household register area of jurisdiction, is only within one day, LeTao sell the fake business to be arrested. 随着杨鹏的到案,正式揭开了乐淘售假卖家到案的序幕,各地警方迅速出击,抓捕自己户籍辖区内的嫌疑人,只是一天之内,一个又一个乐淘售假的商家被抓获归案。 So one after another big movement, rapidly spread over the entire internet industry, this gave everyone an extremely intense alarm, making them realize finally, internet is not outside law the place, if violates the law in the internet domain, do not have any leaving things to chance, the law will certainly conduct the proper sanction to it! 如此接二连三的大动作,迅速传遍了整个互联网行业,这给了所有人一个极其强烈的警钟,让他们终于意识到,互联网不是法外之地,如果在互联网领域犯法,就不要有任何侥幸心理,法律一定会对其进行应有的制裁！ Afterward, major TV Station and offline media responded rapidly, comprehensive under the LeTao advertisement, this point had written in the contract, if put in the side to be suspected of the security management, the media side had the right to stop all deliveries. 随后,各大电视台、线下媒体迅速响应,全面下掉了乐淘的广告,这一点早就已经写在合同里,如果投放方涉嫌违法经营,媒体方有权停止一切投放。 Therefore on December 26 this day, LeTao then vanished from online and offline thoroughly, can find, nothing but is some about the report that it submits to punishment, as well as netizens at the discussions of major website. 所以在12月26号这一天,乐淘便彻底从线上、线下消失了,能找到的,无非是一些关于它伏法的报道,以及网友们在各大网站的讨论。 From the attitude of Internet users, LeTao submits to punishment, to them is an exciting good deed, in the network almost uniform support this special rectification actions, can say, LeTao submits to punishment, not only the law obtained promotion, is the where the popular will inclines. 从网民的态度来看,乐淘伏法,对他们来说是一件大快人心的好事,网络上几乎清一色的支持这一次的专项整治行动,可以说,乐淘伏法,不只是法律得到了伸张,更是民心所向。 ...... …… But at this time, Boss Ma as well as a numerous high level played the primal chaos in the Hangzhou city bureau. 而此时,马老板以及一众高层在杭城市局里玩起了太极。 This is one group of repeated worldly people, how understands the escape responsibility as far as possible. 这都是一帮千锤百炼的人精,非常懂得如何尽可能的逃避责任。 Boss Ma although regrets and loves dearly at heart extremely, but oneself have also wanted to understand, this time special action oncoming force is fierce, oneself cannot have any luck, once otherwise by solid suspected crime, oneself are also very difficult to escape the sanction of law. 马老板心里虽然极其后悔与心疼,但自己也早就想明白了,这次的专项行动来势凶猛,自己决不能心存任何侥幸,否则一旦被坐实了涉嫌犯罪,那自己也很难逃脱法律的制裁。 Therefore in this case, the best way does not know at all. 所以在这种情况下,最好的办法就是一问三不知。 Knows that in the platform has many sellers in the sales counterfeit goods? 知不知道平台上有很多卖家在销售假货？ Does not know, I only am responsible for the supervisory work of company higher level, makes concrete to the development of each business, has jurisdiction by various department person in charge specifically ; 不知道,我只负责公司更高层面的管理工作,具体到每一项业务的开展,由各部门负责人具体管辖; Knows that your platform does have the business to platform and commodity of voluntary to examine? 知不知道你们平台有义务对平台上的商家、商品进行审查？ Knows, we have the specialist to be responsible for this work, makes concrete them whether has the dereliction of duty, I am not very clear ; 知道,我们有专人负责这项工作,具体他们是否存在失职,我也不是非常清楚; Your platform through the shell company and counterfeit factory cooperation, attains the source of goods through the shell company by a lower price from the counterfeit factory, then supplies to the platform seller, how did this you explain? 你们平台通过壳公司与造假工厂合作,通过壳公司以更低的价格从造假工厂拿到货源,然后再供应给平台卖家,这个你怎么解释？ I do not know the circumstances of the matter to this matter completely, brazenly tramples the legal to this matter, I hope that the public security organ can investigate thoroughly, helping LeTao uncover the bad apple, gives other staff confession! 我对这种事情完全不知情,对这样公然践踏法律的事情,我希望公安机关能够彻查到底,帮乐淘揪出害群之马,同时也给其他员工一个交代！ Doing not know at all, is the Boss Ma present solution, he has established the firewall before, all sells the false business, he has not handled actually, even if issues the order still through the oral transmission, from does not have any substantive record, police problem own crime, but also is really not that easy. 一问三不知,就是马老板现在的解决方案,他早在之前就已经设定好了防火墙,所有售假业务,他都没有实际经手,就算是下达命令也都是通过口头传达,从没有任何实质性的记录,警察想定自己的罪,还真不是那么容易。 As for shell company, that shell company, when purchased to make the change to complete the complete set firewalls, the legal person or the shareholder, had no responsibility with Boss Ma, how regardless to check unable to blame on him. 至于壳公司,那家壳公司在购买下来做变更的时候就已经做好了全套防火墙,无论是法人还是股东,与马老板都没有任何干系,无论怎么查也无法怪罪到他头上。 Then, Boss Ma is at heart clear, the public security organ are most also to catch several scapegoats to shoulder the primary responsibility from LeTao, after oneself the responsibility pretends non-involvement, the police cannot do to themselves, investigation after some time, oneself will not release even directly, still has to manage to obtain a guarantor to post one's bail to await trial, in that case, oneself lost LeTao even, but can also preserve the personal freedom at least. 如此一来,马老板心里清楚,公安机关最多也就是从乐淘抓出几个替罪羊来承担主要责任,自己把干系撇清之后,警察也奈何不了自己,调查一段时间之后,自己就算不会直接释放,也只好可以办个取保候审,那样一来,就算自己损失了乐淘,但起码还能保住人身自由。 The Boss Ma family member and partner looked for various relations and several mediation, finally made Boss Ma see own attorney in secret, after seeing attorney, Boss Ma inquires the opposite party immediately: „What now is the above attitude? What has to become less crowded?” 马老板的家人以及合作伙伴找了各种关系、几番斡旋,才终于让马老板私下里见到了自己的律师,在见到律师之后,马老板立刻询问对方:“现在上面的态度是什么样的？有没有什么松动？” The attorney shakes the head, said: „Temporarily does not have any becomes less crowded, not only that the situation of matter is still expanding unceasingly.” 律师摇了摇头,说:“暂时没有任何松动,不仅如此,事情的态势还在不断扩大。” Boss Ma frowns: „What do you mean?” 马老板皱起眉头:“什么意思？” The attorney said: „Yesterday evening just now inventories and confiscates the LeTao server, today has a large number of LeTao shop owners to be grasped, the speed that the public security organ responded was fast, it seems like that this above attitude should projects on the bottom.” 律师说:“昨天晚上才刚查抄了乐淘的服务器,今天就已经有相当一部分乐淘店主被抓了,公安机关响应的速度非常快,看来这次上面的态度应该是打到底。” „Projects on the bottom?!” Boss Ma is somewhat scared, asked him: „You thought that what responsibility we should take as the even Taiwan?” “打到底？！”马老板有些慌了神,问他:“那你觉得我们作为平台方应该负什么样的责任？” The attorney then analyzes saying: „Normally, puts down the Taiwan, because in the surface is not divided from the platform sale directly, can therefore regard as the even Taiwan not to make a profit directly, without subjective intentionally, the direction that therefore we can be deficient in carrying out one's responsibility from the supervision operates, the responsibility that in this case, the enterprise shoulders will be correspondingly smaller, the best situation only undertakes the administrative sanction and warning.” 律师便分析道:“正常情况下,平台方因为表面上不从平台销售中直接分成,所以可以视为平台方并没有直接获利,更没有主观故意,所以我们可以从监督失责的方向来操作,这样的话,企业承担的责任相应会小很多,最好的情况就是只承担行政处罚和警告。” Boss Ma immediately one happy, hastily asked him: „What difficulty does such operation have?” 马老板顿时一喜,急忙问他:“这么操作有什么难度吗？” The attorney smacks the lips, said: „Chief Ma, the non- controllable factor has, how first is these sellers is arrested the later oral confession to confess, because now they were arrested the interrogation by the ID registration location police, if therefore in their oral confessions unanimously confessed that the platform has the manager to guide them to sell the false behavior, our inspector generals were deficient in carrying out one's responsibility the defense is very difficult to do, after all had so many not the seller testimony that was possible to conspire to get the story straight, the judge will not believe our statements of only one of the parties.” 律师咂了咂嘴,说:“马总,不可控因素有很多,首先是这些卖家被捕之后的口供如何供述,现在因为他们都是被户籍地警方抓捕审讯,所以他们的口供中如果一致供述称平台有主管引导他们售假的行为,那我们的监督失责辩护就很难做了,毕竟有这么多不可能串供的卖家证词,法官不会听信我们的一面之词。” Saying, the attorney was also saying: „A time bomb, is LeTao that shell company outside, because the computer was sealed up completely, therefore the material and special details about shell company definitely cannot conceal the truth, this point can show that the platform has actively participates to sell the false actual behavior, when the time comes is certain the explicit responsible people to take this consequence to be good, otherwise, will certainly allocate the responsibility for an offense to company everyone.” 说着,那律师又道:“还有一个定时炸弹,就是乐淘在外的那个壳公司,因为电脑全部被查封,所以关于壳公司的资料和具体情况肯定是瞒不住的,这一点可以证明平台有主动参与售假的实际行为,到时候一定得有一个明确的责任人来承担这个后果才行,否则的话,一定会把罪责平摊给公司所有人。” Boss Ma is narrowing the eye: „This meaning in other words, does the matter of shell company need a person to stand to shoulder?” 马老板眯着眼睛:“这意思也就是说,壳公司的事情需要有一个人站出来扛？” „Right.” The attorney nods, said: „Not only the matter need in shell company, if these sell in the oral confession of fake seller, said explicitly our platform has had the subjective guidance, the part of that subjective guidance, needs some people to shoulder the responsibility.” “对的。”律师点了点头,说:“不只是壳公司的事情需要,如果那些售假卖家的口供里,明确说我们平台有过主观引导,那主观引导的这部分,也需要有人来承担责任。” Boss Ma stopped the moment, the expression is especially puzzled, after long time, opens the mouth saying: „Two issues. First, if these things are shouldered by a person, how long will sentence ; Second, if the person shoulders, what punishment others following can also face?” 马老板停顿了片刻,表情格外纠结,半晌之后才开口道:“两个问题。第一,如果这些事情都由一个人来扛,会判多久;第二,如果有一个人来扛,其他人后续还要面临什么样的处罚？” The attorney thinks, said earnestly: „If clear about a person to shoulder, then we first will conduct not subjectively to him by the defense of advantage, if successful, should only need a certain responsibility, the overall discretion of punishment should below ten years, as for others, we have confidence that makes no criminal responsibility defense, places the level solution of administrative sanction the issue.” 律师想了想,认真说道:“如果明确有一个人来扛,那么我们首先会对他进行无主观逐利的辩护,如果成功的话,应该只需要付一定的责任,总体量刑应该在十年以下,至于其他人,我们有把握做无刑事责任辩护,把问题放在行政处罚的层面解决。” „That is good!” A Boss Ma expression loosen, it seems like now the most important issue is the person who to look for one is a scapegoat voluntarily, therefore he said to the attorney: „This matter I consider, how has a look to operate safely.” “那就好！”马老板表情一松,看来现在首要的问题是找一个自愿背锅的人,于是他对律师说道:“这件事我好好考虑一下,看看到底怎么操作最稳妥。” The attorney slight nod, remembers anything immediately, reminded: „Right Chief Ma, high-level these time in view of the e-Commerce management method, announced the enterprise related responsible person, according to his contrary nature gravity, in the next 3 to 10 years, forbidding him to register and hold share any, forbids any internet related enterprise to invite to be announced with the internet related enterprise responsible person who in any form, and is punishing the stage. In other words, if defined as the related responsible person, within certain amount of time is unable to be engaged in the internet industry again.” 律师微微点头,随即想起什么,提醒道:“对了马总,高层这一次针对电商的管理办法里,有一条是将对企业相关责任人进行公示,根据其自身违规的性质严重性,在未来的3到10年内,禁止其注册、参股任何与互联网相关的企业、禁止任何互联网相关企业以任何形式聘请被公示且尚在处罚阶段的责任人。也就是说,如果被定义为相关责任人的话,一定时间内将无法再从事互联网行业。” The Boss Ma angry glare circle stares, a face frightened interrogation: „What did you say? Forbids to be engaged in internet?!” 马老板怒目圆瞪,一脸恐惧的质问:“你说什么？禁止从事互联网？！”
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