Recently, the Jiangyin Court published by the Jiangsu Higher People's Court, a typical case of WeChat trading, has attracted attention.
In September 2019, the Huimei.com Red Cheng transferred 9 WeChat signals to Boss Zhao for marketing for a price of RMB 500,000. I did not expect that Boss Zhao only paid 300,000 yuan in the end. Because Zhao did not pay the remaining 200,000 yuan, Cheng had sued to the court and asked Zhao to pay the balance and bear the liability for breach of contract.
The Jiangyin Court tried that the WeChat account trading agreement between the original defendants was invalid and the judgment rejected the plaintiff's entire lawsuit.
Why is the sales agreement invalid?
The court explained that Cheng and Zhao Mou were engaged in the medical beauty industry. They transferred 9 WeChat accounts to transfer cases, in fact to transfer customer resources. It is the reason for the existence of these massive customer information that Zhao spent a high price to buy WeChat accounts at high prices.
Article 1038 of the Civil Code stipulates that "without the consent of natural persons, it shall not illegally provide their personal information to others, but except for the processing of specific individuals and cannot be restored after processing." It violates the law.
Article 253 of the Criminal Law violates relevant national regulations, sells or provides personal information of citizens to others. If the circumstances are serious, they will be sentenced to imprisonment or detention of less than three years. , Institute for imprisonment for more than three years and seven years, and fined fines.
Can you sell your own WeChat?
The court said that the derivative of this case is that it assumes that Cheng's WeChat signal does not involve other person information. It is simply the WeChat itself. Can it be traded?
Relevant judges replied in the doubt:
① WeChat friends have identity and basic trust in personal WeChat with real -name authentication. The behavior that has not been informed to use the WeChat signal they use to use others, and the buyer's act of publishing information such as the circle of friends as the original WeChat use is essentially a fraud, violating the right to know the informedness of WeChat friends.
② In recent years, criminals have used WeChat to implement illegal activities such as fraud, gambling, and MLM. If they are allowed to buy and sell personal WeChat accounts without authorization, they will breed more illegal crimes and make crime traceability more difficult. Starting from the protection of public interests and citizen information rights, even if the personal WeChat account has certain economic value, it is not advisable to buy and sell freely.
Multi -platform restriction account transfer
According to the upstream news, the daily use of WeChat, QQ, Weibo, Xiaohongshu and other platforms all limited the account transfer in various forms in various forms in the user protocol.
Lawyer Zhang Gongdian, a member of the Chongqing Law Association's Criminal Cross Professional Committee, and Zhang Gongdian, Chongqing Zhihe Law Firm, also reminded: "In recent years, the state has increased its crackdown on telecommunications network fraud. The cyber fraud case may also be suspected of infringing on the personal information of citizens and the crime of helping information network criminal activities, so do not sell social accounts to make money to make money. "