Morning reporter: Tong Jiping

　　Players deposit virtual currency into the game, and after obtaining virtual currency returns, they can exchange for fuel cards, phone bills cards, Ctrip gift cards, etc.; during the exchange process, the platform will ‘cut’ a certain proportion; with each deposit, they are deeply immersed and can’t pull themselves out, and players spend 200,000 yuan in 3 months…

　　Is what ‘1768’ entertainment APP is playing a game or gambling?

　　He played for 3 months and couldn’t pull himself out.

　　With a monthly salary over 10,000 yuan, a stable career, and a happy family, Li Jun (pseudonym), who seemed to be successful in everything others’ eyes, fell into the gambling trap of a gaming platform and incurred a debt of 200,000 yuan.
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　　‘I haven’t dared to tell my wife about the debt, otherwise she would definitely leave me, and my family would be destroyed.’ Li Jun told the reporter how he incurred a debt of 200,000 yuan.sports betting plan and The latest plan

　　At the end of January this year, after Li Jun’s wife went back to her parents’ house, the extremely bored Li Jun started playing games to kill time. Initially, he played a game called ‘Shake Shake’ on a game platform embedded in the ‘Yi Wallet’ APP, which was named ‘1768’. Later, as he enjoyed playing, he directly downloaded an entertainment APP called ‘1768’ and continued to play the same ‘Shake Shake’ game.

　　‘The accounts on my two platforms are the same, and the data inside are exactly the same.’ Li Jun is convinced that he is playing the same game.

　　On February 3rd, Li Jun made his first deposit of 100 yuan into a gaming platform, and from then on, he couldn’t stop. During the game, he sometimes won and sometimes lost. When he won, he was excited and wanted to keep winning, so he kept depositing money; when he lost, he wanted to get back his losses immediately, and he kept depositing money. When he had no money to deposit, he borrowed money from his relatives and friends or used his credit card.

　　就这样，在3个月里，李骏反复充值，直至20万元债台高筑。

　　Thus, in 3 months, Li Jun repeatedly recharged, until he owed 200,000 yuan.

　　The ‘money bag’ prize pool has the temptation of big prizes

　　What kind of game made Li Jun so obsessed?

　　The reporter found that ‘Shake It’ is an online dice-throwing game, a single-player game without suits. This game does not require skills or strategies, and there is no need to compete with other players. A simple click on the ‘start’ button is all the operation needed for the game.

　　Since this way of playing has a certain degree of randomness, why is Li Jun willing to pour a lot of money into it every day?

　　There was a rule in the original rules: after each round, there was a chance to win a ‘money bag’, with a winning rate of 1%-5% of the ‘money bag’ amount. If the single coin-in amount was greater than or equal to 1,000 joy beans (equivalent to 2 yuan RMB), there was a chance to win 20% of the ‘money bag’ amount. On May 6th, the prize pool of this ‘money bag’ was 78,819,220 joy beans (approximately 157,638 yuan RMB), and 20% was approximately 31,528 yuan RMB.

　　Faced with the temptation of winning a big prize, Li Jun gradually increased the amount of coins he bet. At first, he won more than he lost, but later, it was the opposite. After losing 150,000 yuan consecutively, Li Jun’s mood fell to the bottom, wanting to give up but feeling unwilling.

　　At this moment, a miracle happened: he won the large ‘money bag’ three times in a row within 5 days, with the prize money totaling 110,000 yuan in RMB, which basically made up for the previous losses.

　　Li Jun was so excited that he thought his luck had turned, and continued to play ‘Shake It’ day and night without stopping.

　　Later, his wife had a complaint and didn’t allow him to play, so he set the game to automatic operation, not needing to manually click ‘start’, and was happy to see the dice keep flipping.

　　After multiple automatic operations, I found that I lost more than I won. In order not to let the dice stop and bring more opportunities to win the ‘money bag’, I couldn’t care less. Li Jun said.

　　All the games are of the same style.

　　In addition to the ‘Shake It’ game, nearly a hundred other games on the ‘1768’ entertainment platform, which is owned by Shanghai Youwan Network Technology Co., Ltd., also attract players to recharge and exchange beans repeatedly.

　　The advertising slogan for the ‘1768’ APP platform is ‘A fun points entertainment platform’. After logging in with a QQ account, a deposit of 10 yuan through Alipay is made to obtain 5,000 joy beans, allowing one to start playing.

　　The reporter randomly opened a game named ‘100 People Bullfight’, which has 4 rooms, with 1 manipulator for each room to handle 4 players, and each player can bet on 4 gates at the same time. After each round, the platform charges a handling fee, and there are additional draws for card patterns like ‘bomb’ and ‘five-color bull’. 24 hours a day, players have a chance to win red envelopes, and the more they play, the greater the chance of winning a red envelope, with the amount being randomly between 10-25,000 game coins.

　　The reporter randomly bets on one or more of the four gates of Shun, Tian, Di, and Xuan, and loses more than wins, with 5,000 joy beans being lost in just a few minutes.

　　The journalist tried several games, which were similar to ‘Shake a Coin’ and ‘100 People Bullfighting’, all of which added ‘red packet grab’, ‘points grab’, and other side bets in addition to game points, some even explicitly stating ‘100 times return prize’, ‘1,000 times bonus’, ‘Extreme 10,000 times return prize’… The obtained points can be exchanged for various pre-paid cards or used for consumption.

　　These ‘wallets’, ‘red envelopes’, and ‘points’ are obtained in a form of luck-based competition, with random amounts, making players mistakenly believe that they are relatively fair and further increasing their interest.

　　The App platform is suspected of serious violations

　　On the ‘1768’ entertainment APP platform, the one-stop service of recharge, exchange, and shopping is very convenient, and the ‘cut’ charged by the platform is acceptable to Li Jun, which is also the reason why he continues to play.

　　Here, 1 yuan is equivalent to 500 joy beans. Li Jun can exchange 100 yuan for 50,000 joy beans, but 53,500 joy beans are needed to redeem 100 yuan, with the platform taking a 3,500 joy bean cut, which is equivalent to 7 yuan in RMB, with a commission rate of 7%.

　　There are about 20 third-party payment platforms cooperating with the platform, including WeChat, Alipay, QQ wallet, Yee wallet, online banking quick payment, mobile phone bill payment, NetEase card, Sohu card, and Baolian OK card, among others. With a simple click, the recharge can be completed in a few seconds. Moreover, there is no limit to the recharge, and continuous transfers and exchanges of joy beans can be made, with rewards for more recharges.

　　Not only that, joy beans can be exchanged for various pre-paid cards, such as ‘Sinopec fuel card’, ‘Ctrip gift card’, and so on. After entering ‘Exchange fuel card’, clicking ‘Instant exchange’, waiting for a few seconds, the mobile phone will receive a verification code, and after entering the verification code within a few seconds, a 1768 prompt SMS will be sent with the card number and password. A 500 yuan Sinopec fuel card contains 500 yuan in cash.

　　However, for the management of online games, the Ministry of Culture has had explicit regulations. In December 2016, the Ministry of Culture issued the ‘Notice on Standardizing the Operation of Online Games and Strengthening Mid-and-Post Operation Supervision’ (hereinafter referred to as the ‘Notice’), which clearly states that online game operators may not provide users with services to exchange virtual props for legal currency; online game operators should require users to use valid identification cards for real-name registration and preserve user registration information; and may not provide in-game recharge or consumption services for users logging in with a visitor mode.

　　Thus, the ‘1768’ entertainment platform provides virtual props exchange for pre-paid cards, recharge, and consumption services, which seriously violates the provisions of the ‘Notice’.

　　[Voice]

　　The 1768 platform: This is the practice in the industry

　　In this regard, Liu Daka, the Chief Customer Officer of Shanghai Youwan Network Technology Co., Ltd., calls this practice ‘the tacit consent of the industry’.

　　Liu Daka introduces, ‘1768’ game as a game aggregation platform, the game content includes third-party game companies’ co-operation and a few friendly companies’ independently developed card and board games. The purpose is to promote a convenient and healthy entertainment experience for financial users. User registration requires a mobile phone number or real-name system, and the relevant network security and data security are all registered with the Public Security Bureau.

　　“疯狂摇一摇”的开发者为北京易寰宇科技有限公司，备案号为［2017］M-CSG0074号。

　　The developer of ‘Crazy Shake Shake’ is Beijing Yihuan Yu Technology Co., Ltd., with filing number [2017] M-CSG0074.
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　　Liu Daka said, ‘The process of users participating in the platform games is consistent with the game process of well-known companies on the market; the platform does not support obtaining legal currency directly or indirectly.’ ‘As for the exchange of gift cards and consumption, this is the norm in the industry, as long as the price of the goods consumed does not exceed 5,000 yuan.’

　　Liu Daka said, ‘Since the establishment of the company, we have strictly abided by the regulations and cooperated with the regulatory requirements, established multiple risk response mechanisms to prevent irregular online gaming behavior, including controlling the establishment of anti-addiction mechanisms from two dimensions of game time and currency consumption limits; setting the maximum single transaction limit function and the maximum consumption limit for each game, to remind all game players to be moderate and not to be overly addicted.

　　When asked by the journalist about the ‘maximum single transaction limit’ for users, Wu Haipeng, the public relations director of Shanghai Youwan Network Technology Co., Ltd., said, ‘This is confidential.’

　　Lawyer: The game platform has a gambling nature

　　Shanghai Fusion Law Firm partner lawyer Yang Weijiang pointed out that the game platform has a gambling nature.

　　Although players use the so-called ‘Online casino and How to find it ‘Happy Beans’ when betting, ‘Happy Beans’ are exchanged for real currency, and ‘Happy Beans’ can be directly exchanged for goods at many cooperative merchants, having certain circulation properties, which makes the game itself have a gambling nature.

　　The main difference between gambling crime activities and daily entertainment activities lies in whether they are for the purpose of making a profit. Personal gambling involving property of more than 5,000 yuan, or organizing three or more people to participate in gambling with a total gambling amount of more than 50,000 yuan, are all acts of gambling crime.

　　On the other hand, regarding the issue of the定性 of the APP platform’s behavior, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued a document as early as 2005, clearly stating that the crime of operating a gambling den is not limited to physical places, but the virtual space of the Internet should also be subject to restriction. In 2010, the Supreme People’s Court and the Supreme People’s Procuratorate, together with the Ministry of Justice, further clarified the definition of the behavior of ‘operating a gambling den’ using the Internet, mobile communication terminals, and other means. Article 303, paragraph 2 of the Criminal Law defines the behavior of ‘operating a gambling den’ as including: 1. Establishing a gambling website and accepting bets; 2. Establishing a gambling website and providing it to others for organizing gambling; 3. Acting as an agent for a gambling website and accepting bets; 4. Participating in the profit-sharing of a gambling website.

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