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In recent years, online gaming has become a popular form of entertainment for many people, with rare equipment and props within games being particularly sought after. However, some criminals set up scams under the guise of purchasing gaming equipment, deceiving victims into handing over their equipment, skins, etc., which are then resold for profit.
Recently, the Shanghai Jinshan District People's Court (hereinafter referred to as “Jinshan District People's Court”) concluded a fraud case involving the resale of online gaming equipment.
[Case Review]
Counter-Strike: Global Offensive (CS: GO) is a popular online game nowadays, with frequent private transactions of its skin equipment. So, Fan came up with a bad idea and attempted to deceive others to obtain gaming equipment for resale in order to make a profit.
“Selling 'Emerald Karambit' at a fixed price, contact me on QQ for details, price slightly negotiable.”
A post on Tieba caught the attention of Fan, who was searching for information on trading gaming equipment. In order to deceive and obtain equipment, Fan pretended to be interested in purchasing gaming equipment and contacted the equipment seller, Fang.
“You should trade through the gaming platform, it's safer that way.” Fang directly suggested to Fan that purchasing equipment should be done through the platform to ensure intermediary guarantee transactions.
“The trading platform requires providing real-name information, and the registration process is complicated. How about I just transfer money to you via Alipay directly? It's not only convenient but also saves on transaction fees, what do you think” Fan requested Fang’s Alipay account under the pretext that private transactions are more convenient and cheaper.
At first, Fang hesitated a bit. Seeing this, Fan quickly added, “If you're unsure, I can accept payment upfront before delivery. I'll transfer the money to you first. Would that work for you?”
Considering himself as the equipment seller, even if they didn’t go through the gaming trading platform, Fang agreed to the transaction plan since he could deliver the equipment in-game after receiving payment.
Shortly after, Fang received a screenshot from Fan showing the transfer of the agreed amount using the “delayed transfer” feature.
“Delayed transfers cannot be reversed. If the transaction goes smoothly, the funds will be deposited into your account within two hours.” Fan hastily explained.
After checking the rules for delayed transfers, Fang confirmed that delayed transfers indeed cannot be reversed. Consequently, he transferred the gaming equipment to Fan. However, to his surprise, two hours later, the money did not arrive as expected. When Fang tried to contact Fan again, he found out he had been blocked. It was then that Fang realized he had been scammed and promptly called the police.
It turned out that Fan had never initiated any transfer. Instead, he used it as bait to induce players to transfer their gaming equipment. The so-called screenshot of the delayed transfer was fabricated using software. Through this method, Fan committed fraud multiple times, reselling the scammed equipment online for illegal profits, totaling over CNY 60,000.
In February 2023, Fan was arrested by the public security organs. He truthfully confessed to other crimes unknown to the judicial authorities, fully compensated all the victims for their losses, and obtained their forgiveness.
[Case Study]
金山区人民法院审理后认为，被告人范某以非法占有为目的，虚构事实、隐瞒真相，利用电信网络诈骗他人财物，数额巨大，其行为已构成诈骗罪。被告人范某在被采取强制措施后如实供述司法机关尚未掌握的其他罪行，以自首论，可以减轻处罚。被告人范某认罪认罚，可以从宽处理。被告人积极退赔被害人损失并取得谅解，可以酌情从轻处罚。
Therefore, the Jinshan District People’s Court sentenced the defendant, Fan, to two years of fixed-term imprisonment for the crime of fraud, with a suspended sentence of two years and six months, and imposed a fine of CNY 10,000.
I. Virtual property is legally protected.
Intangibility does not imply lack of value. Online gaming equipment, as virtual property, has economic value in a market economy and reflects the time and monetary costs invested by players. The actions aimed at illegally possession, theft, or deceiving others to obtain online gaming equipment will also be subject to legal scrutiny and punishment.
In the judicial practice, for the valuation of virtual items, the amount of crime is determined by comprehensively considering the average transaction price on widely recognized trading platforms, prices negotiated voluntarily between players, profits gained from the sale of stolen goods, and other factors.
II. Identifying common online gaming equipment trading scams
Trading virtual items carries risks, especially in some online games hosted on servers located overseas. Once scammed, it’s difficult for victims to gather evidence, making it challenging to recover their losses. For ordinary players, it’s crucial to enhance awareness, discern and promptly expose scams involving online gaming equipment and props.
Such scams mainly include the following types:
Directing traffic to unregulated trading platforms
Scammers typically, during conversations on platforms like QQ or WeChat with players, prompt them to scan QR codes provided by the scammers to install trading platform apps. These platforms may either be counterfeit versions of well-known platforms or entirely unknown small platforms, but they all operate under the control of the scammers.
Once victims register for transactions through the fraudulent trading platform app provided by the scammer, their related funds will be locked on the platform. Subsequently, the scammer will continue to deceive the victims by using tactics such as claiming irregularities in transactions, requiring “payment of deposits,” or “lifting the freeze” to persuade victims to continue depositing funds.
Engaging in private transactions by circumventing legitimate platforms
Scammers typically use tactics like promising to save on transaction fees to induce victims into engaging in unsecured private transactions. Once the victim agrees, they create issues during the payment process. For example, they may claim to have already made the payment but it’s delayed, or after transferring a small amount of money, they allege that the account is frozen. Alternatively, they might pull the victim into a pre-arranged group chat where the group owner, presented as a supposedly reputable guarantor to convince the victim to proceed. Their ultimate aim is to deceive the victim into fulfilling their demands.
Here, the court reminds everyone to be vigilant against such scams. Firstly, install apps from legitimate app stores and refrain from casually scanning QR codes provided by others. Secondly, be highly cautious of any recharge transfers requested under the pretext of abnormal withdrawals or unfreezing accounts. Thirdly, when engaging in transactions, try to use official or reputable third-party platforms and refrain from trusting online chat counterparts easily. Fourthly, if engaging in private transactions, it's crucial to preserve evidence such as transaction records and screenshots to protect one's legal rights and interests.
[Relevant Provisions]
Criminal Law of the People’s Republic of China
Article 266: Anyone who commits fraud by deceiving others to obtain public or private property, and the amount involved is significant, shall be sentenced to fixed-term imprisonment for less than three years, criminal detention, or control, and may also be fined or only fined. If the amount involved is huge or there are other serious circumstances, the offender shall be sentenced to imprisonment of more than three years but less than ten years, and shall also be fined. If the amount involved is exceptionally huge or there are other particularly serious circumstances, the offender shall be sentenced to imprisonment of more than ten years or life imprisonment, and shall also be fined or have their property confiscated. Where this Law has other provisions, such provisions shall prevail.
Article 67: Individuals who voluntarily surrender themselves after committing a crime and truthfully confess their own crimes shall be deemed as having voluntarily surrendered. For those who surrender voluntarily, their punishment may be mitigated. For those with relatively minor offenses, their punishment may be exempted. For crime suspects, defendants subject to coercive measures, or convicts currently serving sentences who truthfully confess to other crimes unknown to the judicial authorities shall be considered as having voluntarily surrendered. In instances where the crime suspect may not possess the mitigating factor of voluntary surrender as stipulated in the preceding clauses, if they truthfully confess their own crimes, they may be eligible for a lighter punishment. Moreover, if their truthful confession contributes to preventing particularly severe consequences, their punishment may be further reduced.
(Case prepared by: Gan Zhechen, Chen Jiasi from the Jinshan District People's Court)
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