On January 9, 2020, the Nanchang Intermediate Court of Railways issued a publicjudgment on Liu's ticket sales appeal. He was sentenced to 11 months'imprisonment for reselling tickets, and was fined 1.24 million yuan, and overRMB 340,000 was illegally recovered.

Liu was sentenced to imprisonment for one year and six months for resellingtickets, and the Nanchang Intermediate Court of Railway Transport was given alighter punishment based on his criminal facts, circumstances and the degree ofsocial harm. This judgment is also the final judgment in this case.

According to the facts confirmed by the court of second instance, in July 2017,Liu purchased multiple sets of ticket-grabbing software online to make a livingby ticket-grabbing. At the same time, he bought "Ticketing" atthe price of 30 yuan / 10,000, purchased 935 real-name registered accounts onthe 12306 website for 2740 yuan, and posted an advertisement on the Internetplatform that charged commissions to snatch train tickets for others.. After learning that someone wanted to buy a train ticket, Liu usedticket-buying software to grab the ticket. The ticket-grabbing softwareautomatically cracks the login verification picture of the 12306 website, andrealizes the functions of automatic multi-account login and automatic repeatedsubmission of orders, which increases the probability of ticket-grabbingsuccess. After winning the prize, Liu notified the buyer of the order andasked each buyer to pay a commission ranging from 50 to 200 yuan. FromApril 2018 to February 2019, Liu snapped up 3,749 train tickets with a facevalue of more than 1.32 million yuan and an illegal profit of more than 340,000yuan. In February 2019, police detained Liu on suspicion of resellingtickets.

In September 2019, the Nanchang Railway Transport Court sentenced the defendantLiu Youxian to one year and six months in prison for reselling tickets, with afine of 1.24 million yuan. The outcome of this decision has also causedcontroversy in the public and legal circles. In the context of buyingtrain tickets under the real-name system, how to understand the meaning of"scalping" in criminal law? Is there any possibility of"reselling" without changing the ticket's identityinformation? Liu refused to accept the first judgment andappealed. On November 30, 2019, the second trial of the case was held inthe Nanchang Railway Intermediate Court. On January 9, 2020, the courtmade a second trial decision in this case.

The court believes that the key to the crime of reselling tickets is illegalbehavior, high prices and fare increases. Illegal hoarding and reselling,not being qualified to represent railway tickets for others, and illegallyincreasing fares for profit constitute illegal crimes of resellingtickets. In this case, Liu was not qualified to represent railwaytickets. For the purpose of profit, he used ticket-grabbing software tograb tickets on the 12306 website, infringing on the equal ticket purchaserights of other passengers, disrupting the order of railway ticket sales, andillegally profiting more than 340,000 yuan. This is a serious case ofreselling tickets.

Based on Liu's criminal facts, circumstances and social harm, he decided topunish Liu lightly, sentence him to 11 months in prison, and fine 1.24 millionyuan, and recover more than 340,000 yuan from Liu's illegal gains.

Author: Zhao

(original title: Jiangxi men to grab votes on behalf of the second trial wassentenced to 11 months and a fine of 1.24 million yuan)