“男孩一面鞋墙，堪比一套房。”近年来，鞋圈文化盛行，“炒鞋”甚至被戏称为新的“投资风口”，投机行为的背后，不仅隐藏了市场泡沫风险，更有不法分子借“炒鞋”为由进行诈骗。近日，江苏省苏州市虎丘区人民法院以诈骗罪对一95后炒鞋被告人小严判处有期徒刑十年六个月，小严不服提起上诉，江苏省苏州市中级人民法院依法驳回上诉维持原判。

"A boy's shoe wall is like a suite." In recent years, the culture of shoe circles has been prevailing. "Fried shoes" have even been dubbed as new "investment draught". Behind the speculation, the market bubble risks are not only hidden, but also the criminals are cheating on the grounds of "fried shoes". Recently, Huqiu District People's Court of Suzhou City, Jiangsu Province sentenced Xiaoyan, a post-95 shoe frying defendant, to ten years and six months' imprisonment for fraud. Xiaoyan filed an appeal against the sentence. Suzhou intermediate people's Court of Jiangsu Province rejected the appeal and upheld the original sentence.

二手网站相识 虚构“鞋圈大佬”形象

Second hand websites meet and make up the image of "shoe circle boss"

被害人黄某称：“我与小严是2019年4月通过某二手网站相识，相熟后互相添加了微信。闲聊中，他透露自己在鞋圈资源很多，美国、韩国等地都有他的专业买手，在成都有一家实体店，还有一辆兰博基尼的豪车。我就觉得这个人在鞋圈很有能量，也向他咨询了很多投资球鞋的方向。”

Huang, the victim, said: "Xiaoyan and I met through a second-hand website in April 2019. After we got familiar, we added wechat to each other. During the chat, he revealed that he has a lot of resources in the shoe circle. He has professional buyers in the United States, South Korea and other places. He has a physical store in Chengdu and a luxury car of Lamborghini. I think this person has a lot of energy in the shoe industry, and I have consulted him about the direction of investing in shoes. "

在小严给了被害人黄某投资建议后，当时还是在校大学生的黄某对于小严“球圈大佬”的形象更是深信不疑。于是，2019年5月，黄某主动向小严询问部分限量球鞋的价格，发现小严处货单球鞋单价比市场便宜了上千元。觉得当“中间商”有差价可图，黄某立马网上发布了售卖限量球鞋的广告。

After Xiaoyan gave the victim Huang investment advice, Huang, who was still a college student at that time, believed in Xiaoyan's image of "big guy in the ball circle". Therefore, in May 2019, Huang took the initiative to ask Xiaoyan about the price of some limited shoes, and found that the unit price of shoes in Xiaoyan's order was thousands of yuan cheaper than that in the market. Thinking that there was a price difference between "middlemen", Huang immediately published an advertisement for selling limited number of shoes on the Internet.

很快，黄某便接到了很多“散户”的球鞋订单。收到“散户”的货款后，他便向小严购买相应的款式球鞋，不到三个月已向小严转账“购鞋款”137万余元。但是到了约定的发货时间，小严却以各种理由拒不按时发货，黄某的心里慌了。

Soon, Huang received a lot of "retail" shoes orders. After receiving the payment from the "retail investors", he bought the corresponding styles of shoes from Xiaoyan. In less than three months, he transferred more than 1.37 million yuan to Xiaoyan. But when it comes to the agreed delivery time, Xiao Yan refuses to deliver the goods on time for various reasons. Huang's heart is flustered.

2019年6月底，黄某至小严的山东老家想要找到小严本人问清楚，但是小严却避而不及。10天后，黄某终于在其老家的火车站找到小严本人，两人在火车站补充签订了书面购鞋合同，黄某再次支付了部分尾款，小严方向黄某在武汉的客户小陈发了包裹。可是让小黄没想到的是，客户小陈在收货后却告诉小黄，所谓的限量版球鞋竟是假货。此时，黄某才意识到自己遇到了骗子，向苏州警方报警。

At the end of June 2019, Huang went to Xiaoyan's hometown in Shandong Province to ask Xiaoyan, but Xiaoyan avoided it. Ten days later, Huang finally found Xiaoyan himself in his hometown railway station. They signed a written contract to buy shoes at the railway station. Huang paid part of the balance again, and Xiaoyan sent a package to Huang's customer Xiaochen in Wuhan. However, what Xiao Huang didn't expect was that after receiving the goods, customer Xiao Chen told Xiao Huang that the so-called limited edition shoes were fakes. At this time, Huang realized that he had encountered a liar and called the Suzhou police.

“期鞋”交易 让炒鞋党钻了空子

"Period shoes" trade makes a hole for shoe speculators

什么时候察觉到对方是骗子？黄某坦诚称：“我一共向小严买了450双左右的期货球鞋，只有6双武汉的球鞋发货了，而且还说假货。他不发货的理由也是千奇百怪，还躲着见我。我也问了圈子里的人，根本没这号人，不像他自己吹嘘的那样。”

When do you realize that the other party is a liar? Huang said frankly: "I bought about 450 pairs of futures shoes from Xiaoyan, only 6 pairs of shoes from Wuhan were delivered, and they also said they were fake. The reasons why he didn't deliver the goods were various, and he avoided meeting me. I also asked the people in the circle. There is no such person at all. It's not like what he boasted

“三个月中，小严几乎没有任何发货，那你为何还要继续向小严订货？”警方这样问黄某。

"In three months, Xiaoyan hardly delivered any goods, so why do you continue to order from Xiaoyan?" The police asked Huang.

黄某则说：“这是因为鞋圈有自己的规矩和潜规则的，我买卖的鞋子都叫做期货，也就是对于还没有官方发售的鞋子，鞋子发售之后还需要经过物流、海关等，所以我们约定了在官方发售后28天内发货。小严就是打了这个期货的时间差，让我一直对他保持信任，在7月初才反应出自己被骗了100多万。”

Huang said: "this is because the shoe circle has its own rules and hidden rules. The shoes I buy and sell are called futures. That is to say, for shoes that have not been officially sold, they need to go through logistics and customs after they are sold. Therefore, we agreed to deliver the goods within 28 days after the official sales. Xiaoyan just played this futures time difference, which made me keep trust in him all the time. In early July, he reflected that he had been cheated by more than 1 million. "

购鞋款挥霍一空 用于“报复性消费”

Spend all the money on shoes for "retaliatory consumption"

在讯问中，小严称，自己并未诈骗黄某，他已经将购鞋款都转账给了其上游的渠道商，甚至向警方说出了数个“鞋圈”知名炒鞋商及具体转账金额，同时向警方表示，自己有在北京与成都均有实体店股份，可以退还被害人黄某一半的“购鞋款”，还虚构其受唐某指使“拖货”欺骗黄某，并约定与黄某四六开分账。

During the interrogation, Xiao Yan said that he had not cheated Huang. He had transferred all the money for shoes to his upstream channel providers, and even told the police several well-known shoe speculators in the "shoe circle" and the specific amount of money transferred. At the same time, he told the police that he had shares in real stores in Beijing and Chengdu, and could return half of the "money for shoes" of the victim Huang, He also made up that he was instructed by Tang to "tow goods" to deceive Huang, and agreed to open four or six separate accounts with Huang.

公安机关至北京调查后，发现小严自称有股份的店铺员工根本不认识小严，在进一步核实后，才发现小严根本不具有任何实体店股份，也没有向所谓的上游炒鞋商支付“炒鞋款”。

After the public security organ went to Beijing to investigate, it was found that the shop staff who claimed to have shares in Xiaoyan didn't know Xiaoyan at all. After further verification, it was found that Xiaoyan didn't have any shares in physical stores at all, and didn't pay the so-called upstream shoe speculators "money for shoe speculation.".

此时的小严方向警方道出了实情，其称：“我编造实体店的股份是想营造出我能够还上黄某钱的假象，这些鞋子的钱我也没有转给上家，只是向他们询问了一下。至于唐某也是我编出来的，我转给他1.3万元，是因为他自称能够清除微信、支付宝记录，不被警方调查。”

At this time, Xiao Yan told the police the truth, saying: "I made up the shares of the physical store to create the illusion that I could pay back Huang's money. I didn't transfer the money of these shoes to the owner, just asked them. As for Tang, I made it up, and I gave him 13 thousand yuan because he claimed to be able to clear WeChat and Alipay records and not be investigated by the police.

问及百万余元的钱款去向时，小严称骗了黄某后，只能通过“报复性消费”填补内心的恐慌。花10万元买了辆二手宝马车，花了1万元网购了宠物狗，花了七八万元购买鞋子、衣服，花了六七万招待朋友……“2019年6月的消费堪称灾难式，花钱特别厉害，就像中了一百万奖券一样。”小严回忆说。

When asked about the whereabouts of more than one million yuan, Xiao Yan said that after he cheated Huang, he could only fill his inner panic through "retaliatory consumption". Spent 100000 yuan to buy a second-hand BMW, spent 10000 yuan to buy a pet dog online, spent 70000 yuan to buy shoes and clothes, spent 60000 yuan to entertain friends... "The consumption in June 2019 can be called disastrous, spending money is particularly fierce, just like winning a million lottery." Xiao Yan recalled.

调查背景 “鞋圈大佬”竟是在校大学生

Background: the "shoe ring boss" is actually a college student

在调查中，小严的真实身份渐渐浮出水面。1999年出生的小严是某高等专科学校的大四学生，案发时其正在某医院实习，实习工资仅有1400元每月，根本无力承担起其高额消费。据小严自述，其13岁开始接触“鞋圈”，16岁时成为了某知名贴吧的吧主，认识了很多和他一样喜欢玩鞋的人，渐渐进入了“鞋圈”。

In the investigation, Xiao Yan's true identity gradually emerged. Xiao Yan, born in 1999, is a senior in a college. At the time of the crime, he was practicing in a hospital, and his salary was only 1400 yuan per month, so he could not afford his high consumption. According to Xiao Yan, he began to contact the "shoe circle" at the age of 13. At the age of 16, he became the bar owner of a famous post bar. He got to know many people who like playing with shoes as much as he did, and gradually entered the "shoe circle".

谈到这里，小严的父亲眼眶湿润地说：“我是个普通的工人，月薪也就两千六七，他妈妈身体一直不好，偶尔出去做个零工。我们住的房子都是政府的公租房，家里是没什么收入的。说实话，我对孩子关心不够，只是听说他之前有过自杀的倾向，是他妈妈带去医院看病的，具体情况我也没多问。”

Speaking of this, Xiao Yan's father said with moist eyes: "I'm an ordinary worker with a monthly salary of 267 yuan. His mother has been in poor health and occasionally goes out to do odd jobs. The houses we live in are all public rental houses of the government, and there is no income at home. To tell you the truth, I don't care enough about my child. I just heard that he had a tendency to commit suicide before. His mother took him to the hospital. I didn't ask much about the specific situation. "

法院：从无交付能力及意愿，应认定为诈骗罪

Court: no delivery ability and willingness, should be identified as fraud

庭审中，小严自愿认罪认罚，小严的辩护人提出应当定性为合同诈骗罪，被告人不是在交往之初就产生了非法占有的故意，其非法占有的目的是在合同履行过程中产生的，被告人与被害人有明确的合同约定。

In the court trial, Xiao Yan voluntarily pleaded guilty and accepted punishment. Xiao Yan's defenders proposed that it should be defined as contract fraud. The defendant did not have the intention of illegal possession at the beginning of communication. The purpose of illegal possession was generated in the process of contract performance. There was a clear contract agreement between the defendant and the victim.

法院经审理后认为，首先，合同诈骗犯罪中的合同，应当体现市场经济活动，具有市场交易的特点，而本案中，在案证据不能证明被告人小严从事球鞋买卖的相关市场经济活动。其次，在案证据可以证实，被告人小严并无向被害人交付球鞋的能力，其也并未为履行合同做任何的准备，并且，其先后诈骗被害人数十笔，无一笔真实交易。最后，根据被告人小严的供述，其诈骗被害人的部分钱款被其“报复性消费”所挥霍，故其并无交付球鞋的意愿。

After the trial, the court held that, first of all, the contract in the crime of contract fraud should reflect the market economic activities and have the characteristics of market transactions. In this case, the evidence in the case can not prove that the defendant Xiaoyan was engaged in the market economic activities related to the sale of sneakers. Secondly, the evidence in the case can prove that the defendant Xiaoyan did not have the ability to deliver the shoes to the victim, and he did not make any preparation for the performance of the contract. Moreover, he successively defrauded ten victims, and there was no real transaction. Finally, according to the confession of the defendant Xiaoyan, part of the money of the victim of fraud was wasted by his "retaliatory consumption", so he had no intention to deliver the shoes.

被告人小严以非法占有为目的，采用虚构事实、隐瞒真相的方法，骗取公民私人财物，数额特别巨大，其行为已构成诈骗罪，依法应处十年以上有期徒刑，并处罚金。鉴于被告人归案后如实供述自己的罪行，且认罪认罚，可以从轻处罚，综上判决被告人犯诈骗罪，判处有期徒刑十年六个月，并处罚金人民币一万一千元。

For the purpose of illegal possession, the defendant Xiao Yan defrauded citizens of private property by making up the facts and concealing the truth. The amount is especially huge. His behavior has constituted the crime of fraud and should be sentenced to fixed-term imprisonment of more than 10 years and a fine according to law. In view of the fact that the defendant truthfully confesses his crime and admits his guilt and punishment, he can be given a lighter punishment. To sum up, the defendant is sentenced to 10 years and 6 months' imprisonment and a fine of 11000 yuan.

法官说法

The judge said

近年来，炒鞋“一夜暴富”的神话在年轻群体中不停传播，炒鞋乱象屡禁不止，甚至引得央行发布金融简报提示相关风险。事实上，不论是鞋圈“大佬”还是新手，炒鞋“翻车”的现象并不鲜见，甚至走向违法犯罪。在涉“炒鞋”类的刑事案件中，加害人与受害人都呈现低龄化倾向，且存在“击鼓传花”式的交易链条。正如本案中，被告人小严与被害人黄某均为在校大学生，被害人黄某因“期鞋”交易等原因轻信于小严，并将其下游客户的货款转交给小严，以期获得差价。

In recent years, the myth of "overnight wealth" of shoe speculation has been spreading among young people, and the chaos of shoe speculation has been repeatedly prohibited, even leading the central bank to issue a financial briefing to remind the relevant risks. In fact, whether it's the "big guy" or the novice in the shoe industry, the phenomenon of "overturning" in shoe speculation is not uncommon, and even leads to crimes. In the criminal cases involving "shoe speculation", both the perpetrator and the victim tend to be younger, and there is a "drum beating and flower spreading" trading chain. Just as in this case, both the defendant Xiao Yan and the victim Huang are college students, the victim Huang is credulous to Xiao Yan because of the "period shoes" transaction and other reasons, and transfers the payment from his downstream customers to Xiao Yan in order to obtain the price difference.

随着投机鞋市场的泡沫越来越大，“炒鞋”市场绝非遍地黄金，炒鞋中的饥饿营销、虚假交易、制假售假、诈骗等套路层出不清。相对而言，年轻人的经济实力与风险承受能力都较弱，对于此类“炒物”类的资本游戏更应当敬而远之，不能抱着短期致富的心态盲目跟风进入市场。对此，基层法官建议：第一，价格管理、金融等监管部门应当加强对于此类投机市场的监管；第二，销售平台、品牌商应当避免饥饿营销，合理限定销售价格，促进市场健康发展；第三，在中学、大学教育中增加基础财富管理教育，引导形成健康、积极的财富观。

As the bubble in the speculative footwear market is getting bigger and bigger, the market for "fried shoes" is far from gold everywhere. The starvation marketing, false trading, fake selling, fraud and so on are not clear. Relatively speaking, young people's economic strength and risk tolerance are weak, so they should stay away from such "speculation" capital games, and should not blindly follow the trend to enter the market with the mentality of short-term wealth. In this regard, the grassroots judges suggested: first, the price management, financial and other regulatory authorities should strengthen the supervision of such speculative markets; Second, sales platforms and brands should avoid hunger marketing, reasonably limit the sales price and promote the healthy development of the market; Third, basic wealth management education should be added to secondary and university education to guide the formation of a healthy and positive outlook on wealth.