November 28, 2017, Xunlei and shareholding company Shenzhen Xunlei big data information services limited (hereinafter referred to as "Xunlei big data company") into a war of words. Between two days **** sent five announcements, open letter, originally about the "Xunlei" trademark right to use the issue, did not expect to involve the "play guest coin".

On November 29, Xunlei exclusively disclosed to Mustang Finance: Xunlei big data company on Xunlei and Xunlei products slander and defamation, because Xunlei executives in the Xunlei Group did not know the circumstances of the assets of the listed company, suspected of job-related crimes, the intention to use intentional smearing and other means to try to divert the public opinion of the public opinion line of sight, its remarks are not credible.

At the same time, Xunlei issued an email to all employees of the company, saying: "The company has decided to suspend Yu Fei from working in Xunlei Group from now on.

But Xunlei Finance and Yu Fei's assistant also told NetEase that yesterday's incident at Xunlei had nothing to do with Yu Fei (note: Xunlei Finance is a Xunlei Big Data company).

What is the truth? Unicorn Finance tried unsuccessfully to seek confirmation from Xunlei Big Data.

The spotlight on Xunlei and Xunlei Big Data has now fallen on Yu Fei, the Xunlei "executive" Yu Fei, who is actually a god?

What's in store for you?

Duojiao Finance through the query Qixinbao found that Xunlei big data the first major shareholder of Tianjin Xiangcheng Technology Partnership (hereinafter referred to as "Xiangcheng Technology"). See the chart below:

The shareholder information of Xunlei Technology's shareholder with the highest percentage of capital contribution (i.e., the largest shareholder) is Yu Fei, see the chart below:

In addition, another shareholder of Xunlei Technology's Shenzhen Zimigu Network Science and Technology Partnership also has Yu Fei's 100 percent shareholding of Tianjin Baoguang Network Technology Co. The shareholders of another Tianjin Ruiqi Technology Partnership are suspected to be Yu Fei's relative, Yu Lei.

Yu Fei served as chairman of Xunlei Big Data from June to November 2017, while at the same time, before she was suspended, she served as senior vice president of Xunlei Group, head of Xunlei's legal department, and head of government relations, and had also been in charge of Xunlei Group's administrative positions.

The Xunlei implosion was preceded by a review:

November 28 must have been an uneventful day for Xunlei (XNET).

First Xunlei issued an announcement that it had formally withdrawn the brand and trademark authorization for Xunlei Financial, Xunlei Easy Loan, Xunlei Small Game, Xunlei Love Trade and other businesses, and asked it to stop any use of Xunlei's trademarks; it also emphasized that a series of the above businesses are operated by Shenzhen Xunlei Big Data Information Service Company Limited (hereafter referred to as Xunlei Big Data) and its subsidiaries.

Found that Xunlei was once the largest shareholder of Xunlei Big Data, and after an industrial and commercial change, Tianjin Xiangcheng Technology Partnership (hereinafter referred to as "Xiangcheng Technology") replaced Xunlei to become the largest shareholder of Xunlei Big Data.

The attitude of Xunlei toward Xunlei Big Data was clear: "I'm just a minority shareholder, so don't play my sign outside.

But Xunlei big data is not vegetarian, not only has not been offline and Xunlei trademark related publicity copy, but also issued an announcement, in addition to responding to Xunlei said the trademark problem, but also directly exposed the fierce news: play guest coins for the disguise of the ICO, illegal fund-raising scam.

"The source of the rumor is Xunlei's net heart company head Chen Lei, is Chen Lei at the same time as the Xunlei CEO of the identity of the convenience of retaliation Xunlei big data company is unwilling to play in the illegal activities carried out by Chen Lei passenger coin illegal unilateral behavior, and is not the Xunlei Group in accordance with the company's corporate governance procedures, prudent decision-making after the breach of contract said. " The announcement also said, "The illegal issuance of Playkoboin activities carried out by Chen Lei, which does not use any blockchain technology, is a scam that tops the trend of violating the documents of the 7 ministries and commissions, utilizing illegal exchanges, illegal group pyramid schemes, ICOs in disguise, and illegal fund-raising." See below:

In the face of such a major accusation, Xunlei quit, so it urgently responded: for Xunlei big data company statement on Xunlei CEO Chen Lei and Xunlei Group unsubstantiated slander and defamation, we will resolutely litigation through legal means including, but not limited to, civil, administrative and criminal ways. See below:

This Xunlei and "Xunlei" war is destined to have no winners. But who will suffer the worse consequences?

Yingke Law Firm Zang Xiaoli lawyer said: ordinary counterfeiting of other people's trademarks, belong to the civil infringement, need to bear the corresponding civil liability, including stopping infringement, eliminate the impact of compensation for damages and so on, generally does not rise to the level of criminal offenses. If the situation is serious, it will constitute a criminal offense.

Shanghai Jiuze Law Firm partner Zhu Jing, a lawyer, told Duojiao Finance that, according to the content and requirements of the Announcement on Preventing the Risks of Token Issuance and Financing issued by seven ministries and commissions such as the Central Bank and the CBRC's Disposal of Illegal Collections Regulations (Draft for Opinion), if there are still companies that are financing by way of ICO (Initial Coin Offering), it will constitute an illegal absorption of public deposits, and will be considered as a criminal offense. financing, it will constitute the crime of illegally absorbing public deposits or even the crime of fund-raising fraud.

However, industry insiders mostly believe that Chen Lei and Xunlei is unlikely to realize the possibility of ICO through the Playtech Coin, after all, as a listed company and a well-known CEO, in the case of the regulation of a clear ban on the top of the wind, the cost of a larger.

But compared to Xunlei big data such as non-listed companies, a string of news on Xunlei significantly more impact, data show that Xunlei shares fell more than 20% pre-market.

Here, uni-fin is doing a little legal research related to Xunlei.

On the illegal use of trademarks:

Article 213 of the Criminal Law, without the permission of the owner of the registered trademark, the use of trademarks identical to its registered trademark on the same kind of goods, the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, or detention, and or a single fine; the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be punished by a fine.

On illegal fund-raising and fund-raising fraud:

Article 176 of the Criminal Law: Illegal Absorption of Public DepositsIllegal absorption of public deposits or disguised absorption of public deposits, disturbing the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished by a fine of not less than 20,000 yuan and not more than 200,000 yuan, or a single fine; the amount of a huge amount or other serious circumstances, shall be sentenced to a term of imprisonment of not less than three years and not more than ten years The amount is huge or there are other serious circumstances, shall be sentenced to three to ten years of fixed-term imprisonment, and shall be sentenced to a fine of 50,000 yuan to 500,000 yuan.

Article 192 of the Criminal Law, the crime of fund-raising fraud for the purpose of illegal possession, the use of fraudulent methods of illegal fund-raising, the larger amount, shall be sentenced to less than five years of fixed-term imprisonment or detention, and shall be sentenced to 20,000 yuan or more than 200,000 yuan fine; the amount of a huge sum of money or other serious circumstances, shall be sentenced to five years or less than ten years of fixed-term imprisonment and shall be sentenced to 50,000 yuan or more than 500,000 yuan fine; the amount of a particularly large sum of money or other particularly serious circumstances, shall be sentenced to more than ten years of imprisonment or life imprisonment, and shall be sentenced to a fine of not less than fifty thousand yuan and not more than five hundred thousand yuan or confiscate property.