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News Headline:A cultural festival falsely claiming to feature "international troupe performances" has been exposed as a business scam.
Media Source:TTV News
reporter:Li Ruoci
According to news reports, some businesses are suspected of recruiting vendors under the guise of cultural festivals and markets, claiming in their project plans that international troupes would perform. However, this has sparked controversy over potential recruitment fraud. For vendors, the key issue in these cases is whether the organizers used false information to mislead them into believing in the scale of the event, the content of the performances, or the terms of cooperation, thereby causing them to pay rent, booth fees, or other charges.
News Summary
According to news reports, during the cultural festival's sponsorship process, there were instances where vendors were attracted to participate by promises of "international team performances." However, after paying the fees, vendors discovered that the actual event content did not match the initial claims, sparking controversy over whether the event involved sponsorship fraud.
In legal terms, not every dispute involving sponsorship of such events constitutes fraud. If it's merely a matter of poor event execution or less-than-expected promotional results, it might lean towards a civil contract dispute. However, if the organizer knew from the outset that there were no relevant performances, no legal authorization, or no ability to fulfill the contract, yet still charged vendors based on false promises, it could further involve criminal fraud liability.
Lawyer Li Yusheng explains
According to Attorney Li Yusheng of Fidelity Law Firm, the key to determining whether a sponsorship dispute constitutes fraud usually lies in whether the organizer used false information "before receiving payment," thereby misleading the vendors. If the proposal, sponsorship brochure, social media posts, or chat logs explicitly promise specific performance teams, event scale, official cooperation, or guaranteed attendance, but the organizer has not obtained such cooperation or has no intention of fulfilling it, this could become important evidence for criminal fraud and civil claims.
Conversely, if the organizer originally planned the event, but the event was later changed due to weather, administrative procedures, cancellation of performing groups, or other factors not attributable to the organizer, the legal evaluation may lean towards the issue of contract performance. In this case, vendors can still assert their rights based on contractual agreements, civil law fraud rescission, unjust enrichment, or damages. However, whether a crime has been committed depends on whether the organizer had the subjective intent to illegally possess the property.
Attorney Li Yusheng advises vendors that when encountering disputes regarding event sponsorship, they should not only keep remittance records but also preserve complete sponsorship materials. These include the business plan, sponsorship brochure, screenshots of the event page, chat logs, bank account details, booth layout diagram, invoices and receipts, and the name and contact information of the organizer. This information directly affects whether a police report, lawsuit, payment order, or civil suit can be filed.
Legal Disputes and Practical Reminders
1. Claiming that the performance troupe may be involved in fraud.
If the organizer knowingly attracts vendors to pay fees by claiming there are no international teams or event content, it may constitute a criminal offense of fraud. The key points are whether there was fraudulent activity, whether vendors were misled, and whether they handed over money due to this misleading belief.
II. Disputes over investment promotion may also be civil contract issues.
If the activity content is only partially changed or the performance is incomplete, it does not necessarily constitute a crime. Vendors can still claim refunds or compensation based on contracts, civil law fraud rescission, damages, or unjust enrichment.
Third, vendors must retain complete evidence of their business recruitment efforts.
It is recommended to retain the project proposal, sponsorship brochure, conversation records, remittance records, receipts, screenshots of the event page, and the organizer's commitments. Relying solely on verbal statements will make subsequent claims for compensation or legal action more difficult.
IV. Multiple victims can compile their information together.
If multiple vendors have been victimized, they can jointly compile a timeline, payment amounts, and the organizer's statements. Comparing evidence from multiple individuals can help clarify whether it is a systemic recruitment scam.
FAQ
Does false information about an event's sponsorship activities necessarily constitute fraud?
Not necessarily. If the organizer simply fails to fulfill its contractual obligations, it could be a civil dispute; however, if they use false performances, fake collaborations, or fake event scale to get vendors to pay fees from the outset, it could involve fraud.
Can vendors who have already paid their stall fees request a refund?
The assessment can be based on the contract terms and actual performance. If payment was made due to fraud, one may be entitled to claim rescission of intent, return of unjust enrichment, or damages.
Can I file a lawsuit based solely on LINE conversations and remittance records?
You can start compiling the evidence, but the more complete the evidence, the better. It's recommended to supplement the following: the sponsorship brochure, screenshots of the event page, payment account details, organizer's name, commitment details, and payment records with other vendors.
If multiple vendors are victimized, should they each file a separate lawsuit or should the matter be handled collectively?
We can first work together to organize the evidence and timeline, and then have a lawyer assess whether to pursue criminal charges, civil claims, or collective bargaining. When multiple people have consistent information, it's easier to clearly demonstrate the organizer's business model.
References and regulations
This article references news footage and also consults...Article 339 of the Criminal Law,Article 92 of the Civil Code,Article 184 of the Civil CodeandArticle 179 of the Civil Code.
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