Is it really unlucky or intentionally "hitting the porcelain"?, A woman found foreign objects in 14 restaurants in 5 districts of Shanghai within 2 years
In less than two years, Xiao found foreign objects in 14 restaurants in 5 districts of Shanghai and claimed a total of more than 10000 yuan from the merchants. Recently, the Huangpu District People's Court in Shanghai made a judgment on this food safety "false rights protection" case, sentencing the defendant Xiao to 6 months imprisonment, 1 year probation, and a fine of 3000 yuan for the crime of fraud.
According to Xiao's confession, she has experienced real food safety disputes. When she applied for a refund for a foreign object in a takeout, she learned that she could demand ten times compensation from the merchant in accordance with Article 148 of the Food Safety Law. Subsequently, Xiao's friend suffered from diarrhea due to unsanitary hot pot, and the merchant also provided compensation. After a series of twists and turns, Xiao, who thought she was familiar with the legal provisions and refund process, had a twisted idea. She began to fabricate facts and use pictures downloaded online to claim compensation from merchants. After tasting the sweetness of success, she kept repeating her old tricks and repeatedly committed fraud within two years.
Xiao presented her medication purchase record to the shop owner, falsely claiming that she was sick due to takeout. Although some merchants also requested Xiao to provide medical records or arrange for employees to visit, she refused for various reasons. Many businesses, out of consideration for reputation, choose to lose money to calm things down. However, the world's web is vast and sparse, and there will always be a day when the East Window incident occurs. A shopping mall found that the same customer complaint occurred in several restaurants under its management, all of which were due to eating foreign matters in the meal, and complained that the customer's WeChat, chat records and photos were consistent. These restaurants also refunded and compensated money to the same Alipay account, so they called the police.
After the merchant made compensation, Xiao presented a statement accusing the prosecution that from 2022 to 2023, he had dined or packed food at different restaurants in five districts of the city 14 times using pre prepared plastic sheets, medical expenses, and other photos, and then sent the above photos to the restaurant manager. By fabricating facts such as foreign objects in food and food spoilage leading to fever and medical treatment, the restaurant was demanded to pay compensation in the name of refunding meal expenses and ten times compensation, medical expenses, and lost work expenses. In total, the merchant was deceived into paying compensation of more than 10000 yuan.
After the trial by the Huangpu Court, it was found that Xiao, with the purpose of illegal possession, repeatedly fabricated facts, concealed the truth, and fraudulently obtained public and private property in a large amount, constituted the crime of fraud and should be criminally punished in accordance with the law. The facts identified by the prosecution are clear, the evidence is indeed sufficient, and the charges are established, which is supported. Considering that Xiao was able to truthfully confess his crimes upon arrival, willing to accept punishment, and had withdrawn all illegal gains and paid a fine in advance, he may be given a lighter punishment at his discretion.
In the end, the people's court made the above judgment based on the facts, circumstances, confession, and repentance of the crime in this case. The judgment is currently in effect.
