The first layer of blockchain pyramid selling will go to jail
Blockchain is a new technology, not a disguised form of MLM. It is just claimed by many MLM organizations as "blockchain". In fact, there is no technology. It's just a practice of MLM under the name of "blockchain". The state has issued several announcements to crack down on this kind of MLM. The following is the Xinhua news report on MLM of blockchain:
blockchain is not equal to virtual currency, but also has security risks. Behind the popularity, there is exaggeration with "ulterior motives". Only by removing the flashiness, can the blockchain return to its real application value
invest 80000 yuan, change to 800000 yuan after three months? Shenzhen police cracked a huge fund-raising fraud. Under the guise of blockchain concept and 10 times income, thousands of investors were deeply involved in the case, involving up to 307 million yuan. Under the "veil of mystery" of the blockchain, the illegal elements have taken advantage of their own tricks, and the blockchain has become a "signboard" of economic crimes such as fraud and pyramid selling
why is the blockchain repeatedly "misused" by illegal activities such as pyramid selling fraud? In addition to "unknown", what is the "function" of blockchain technology itself? Since the beginning of this year, with the increase of supervision and the cooling of currency speculation, new opportunities have been brought to the development of blockchain. How about the implementation of blockchain commercial "application" The reporter of outlook news weekly recently concted an investigation
when the three-month "capital release period" promised by the trading platform expired and the staff began to "kick" in the QQ group, Tang Haiyan, who lives in Bao'an District of Shenzhen City, realized that she might have been cheated
previously, Tang Haiyan invested 80000 yuan to buy a virtual currency called "ordinary silver coin" under the introction of her classmates“ The other side said that this currency is the most advanced blockchain technology at present, with Tibetan tea as collateral. He also showed me the "technical white paper". I didn't understand blockchain, so I didn't read it carefully. "
although she doesn't know about blockchain and virtual currency, the high investment income makes Tang Haiyan full of expectations. She told reporters that companies issuing "ordinary silver coins" will regularly split the virtual currency according to the ratio of 1:10, which means that each split will make the value of "ordinary silver coins" in the hands of investors expand 10 times. As long as after a split, her investment of 80000 yuan is equivalent to the purchase of 800000 yuan worth of "ordinary silver coins", which can be sold on the trading platform to obtain huge profits
according to the rules of the trading platform, the newly purchased "ordinary silver coin" cannot be traded immediately, and it must be frozen on the platform for three months before it can enter the "release period". However, after three months, not only did Tang Haiyan not wait for the assets to double, but the 80000 yuan frozen on the platform could not be used for trading
"other investors began to question the authenticity of this investment in QQ group. As a result, the staff of the company kicked these investors out one by one, which made me feel bad." She said
The fact also proves Tang HaiYan's intuition. At the end of March 2018, Shenzhen police detected a huge fund-raising fraud, with the amount of fraud funds as high as 307 million yuan. In this case, Shenzhen Puyin blockchain Group Co., Ltd. involved in the case issued virtual currency in the mode of "blockchain + Tibetan tea" to obtain public deposits. Tang Haiyan was one of the thousands of victimsShenzhen police investigation found that the company claimed that investors could buy and sell "ordinary silver coins" on the virtual trading platform "jucoin net" to earn a price difference
. In fact, the change of its trading price is that the company used investors' investment funds for behind the scenes operation, and once raised the price of "ordinary silver coin" from 0.5 yuan to 10 yuan, so that investors can taste some sweetness. When a large number of investors entered the market, the company continued to cash out through malicious manipulation of the price trend of "ordinary silver coin", which eventually led to the worthlessness of "ordinary silver coin" in the hands of investors
since 2018, engaging in fraud and pyramid selling under the banner of blockchain has become a common "routine" in new criminal tactics. In April 2018, Jinan police dropped a pyramid selling Gang under the guise of "western development", "national poverty alleviation", "original stocks", "blockchain" and "e-commerce", arrested more than 10 major suspects, frozen more than 100 accounts involved, and seized more than 300 million yuan of funds involved
according to Jinan police, huileyi e-commerce company designed a fake virtual disk on the Internet on the ground that the country is vigorously developing the big data instry, and released a variety of virtual currencies such as "precious currency" and "precious currency"
under the guise of giving away, they presented a certain amount of virtual currency to the New MLM staff, with the price of tens of yuan each. Then, through artificial manipulation, they appreciated the virtual currency all the way to more than 100 yuan or even hundreds of yuan, attracting people who did not know the truth to join. Finally, they "cut leeks" through the periodic fluctuation of the so-called "devaluation" of virtual currency, Finally, the purpose of seeking illegal interests is achieved
in Xi'an, a few days ago, the local police successfully cracked a huge network pyramid selling case under the banner of blockchain. According to the police, the suspect, Zheng Mou, has paid a high salary to the 9 network members, such as Zhang and Lee. Since March 28, 2018, he has gathered pyramid selling and network pyramid selling as a means to sell the virtual Datang coins at the consumption era network platform at the price of 3 yuan each, and manipulate the appreciation rate; p>
at the same time, promotion meetings were held in many cities at home and abroad to attract members. According to the development of members, 28 level agents were set up. In just 18 days, the gang developed more than 13000 registered members. At present, it has been found that the case involves 31 provinces, cities and autonomous regions in China, and the fund involved is as high as 86 million yuan
according to Tencent's 2017 pyramid selling situation awareness white paper released by Tencent security joint laboratory, in recent years, all kinds of overseas capital disk, virtual currency and ICO (initial public offering token financing of blockchain project) projects have emerged in an endless stream, which hide many risks such as illegal issuance, untrue projects, cross-border money laundering, fraud and pyramid selling, As a result, a large number of funds flow overseas. Once the market collapses, runs away or loses contact, investors often have no way to complain and the losses are difficult to recover. For example, Baichuan coin, mark coin, beta coin, dark coin, etc
the reporter of lookout Newsweek interviewed in Guangdong, Shandong, Shanghai and other places and learned that most people know that the concept of blockchain is very popular, but they "don't know where it is", and there are different opinions on the specific functions of blockchain: some people think it is used for "investment and financing", "buying and selling currency", while others think it is "a major invention of the same magnitude as the steam engine", Some entrepreneurs are even more eager to seize this "once-in-a-lifetime opportunity to get rich."
many people in the instry said that it is precisely because people have many misunderstandings about blockchain that criminals have opportunities to fish in troubled waters and mislead investors
First, blockchain is not equal to virtual currency. By the end of last year, the number of domestic ICO participants and the total volume of transactions have doubled, a large number of digital currency exchanges have fled overseas, and the agent investment mode has involved more ordinary people in high-risk investmentin many instries, we media and celebrities form interest alliances with issuers and digital exchanges to endorse and create public opinion for the "air currency" project. In December last year, nine departments including the people's Bank of China identified ICO as "suspected of illegal fund-raising, financial fraud, pyramid selling and other illegal and criminal activities"
in the interview, many people told our reporter that the existence of token has built a set of rights and interests mechanism for the development of blockchain technology, which is indispensable for stimulating the prosperity of blockchain applications“ The market practice in the past five years has proved that blockchain applications without equity mechanism are just like market economy without computers connected to the Internet and money, with greatly reced application scenarios and development speed. " An investor in Shanghai said
in fact, the token represented by bitcoin is only one of the earliest procts to verify the blockchain technology, and the two can not be equated, and the existence of token has obviously negative effects on the development of blockchain
Xiao Wei, chief engineer of network blockchain, told this reporter that the myth of ICO's sudden wealth shakes the R & D concentration of blockchain technical talents, and the myth of "sudden wealth" with hundreds of times of return tests the patience of blockchain technical R & D talents“ Many of the "comrades in arms" in the circle who used to do research and development of blockchain technology have gone to issue coins, and now few of them can insist on doing research and development and application of technology. "
Xu zewei, Secretary of the Party committee of Beijing Internet Finance Instry Association, said that under the background of China's ban on ICO, many domestic start-ups promoting blockchain applications are "selling dog meat with sheep's pawn" and financing through concept packaging of worthless tokens“ ICO has polluted the good atmosphere of innovation and entrepreneurship, and created a kind of speculative proct. Many young people are not thinking about entrepreneurship, but are thinking about issuing money, which makes us have the illusion of getting rich overnight. "
at present, more and more people in the instry begin to think about whether the development of blockchain must rely on the issuance of tokens to achieve incentives. Guo Dagang, Secretary General of Beijing Internet Finance Instry Association, told this reporter that the so-called incentive mechanism is only the theoretical basis for the project party to issue tokens for itself. Huo Xuewen, director of Beijing Municipal Bureau of financial work, also believes that if blockchain does not get rid of the dilemma of issuing currency, it will never find a legal landing mechanism
secondly, blockchain is not omnipotent and its security is at risk. Blockchain is generally considered to achieve three functions:
first, the data stored on the blockchain can not be tampered or forged, and the data has high credibility and credibility; Second, the whole process of the transaction can be traced, which can achieve accurate responsibility tracking; Third, the embedded smart contract in the blockchain can be executed automatically based on the contract, so as to improve work efficiency and rece the risk of default. It is generally believed that blockchain has broad application prospects in finance, logistics, trade and other fields
in fact, blockchain is not omnipotent, and its function has many limitations. It is generally believed that, according to the characteristics of cryptography, in order to tamper or falsify in the blockchain, more than 51% of the nodes need to be controlled in theory. When there are enough nodes in the blockchain, it is difficult to tamper with the trust creation mechanism widely participated by the public
However, in reality, digital currency exchanges are frequently attacked or even stolen. On June 20, 2018, bithumb exchange of South Korea announced on its official website that the exchange had been attacked by hackers and stolen 35 billion won, about 32 million US dollars of cryptocurrency Ji Xinhua, known as the first generation of "hackers" in China, said that the blockchain will continue to face attacks, and the process of uploading data to the blockchain is prone to information leakage. Some people in the instry worry that once the super computing power of quantum computing is realized, it will also have a direct impact on the blockchainZhao Yao, a special researcher of the Institute of finance of the Chinese Academy of Social Sciences, told this reporter that the academic community has confirmed as early as 2013 that the blockchain is not perfect and there are many "cheating" strategies. As long as there are enough economic incentives, controlling attacks of more than 51% nodes does not only exist in theory
Zeng Guang, Secretary General of Shenzhen Internet Finance Association, said that the blockchain technology itself does not have the ability to do so
Chinese Mahjong: the world's earliest blockchain project
first of all, a initiates an application. I want to play mahjong and set up a mahjong Bureau, which is equivalent to creating a block, and this block will be broadcast to B, C, D, a, B, C, C, C, C, C, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D D...
in the process of playing mahjong, the above four people constantly play cards, which can be understood as mining, through what to mine? Mahjong machine can understand the mineralization machine. These four miners are the so-called miners. These four miners collide from 144 mahjong, and any right card can be Hu card. We can understand the 144 mahjong as a series of hash values (numbers). The process of Hu card is called computational power. Until Hu card, it means that the right hash value is collided and you can get a reward, Each person will pay the corresponding chips to C and put them in the blockchain. The reward is bitcoin or other virtual coins
Why do the other three people take the initiative to reward C? That's because these people have automatically reached a consensus that C has indeed won, and everyone has recorded the account, including the family members who are sitting next to buy horses. It's not good to deny it, otherwise when it comes out that the character is not good, no one will play with him again. After all, the circle is very important
when we reached a consensus, we didn't see any intermediary or third party judging that C had won, and the rewards given to C didn't need to be transferred to C through the third party. All of them were direct point-to-point transactions. This process was decentralization. The card players (miners) recorded their own achievements in the first game, and the third team won the first game, After the record is completed, a complete block is generated. But remember, this is only the first round. In the whole blockchain, this is just a node. The first eight rounds are finished, that is, eight nodes (blocks). Eight blocks are connected together to form a complete account book, which is the blockchain. Because everyone has one account book, it is a distributed account book. The purpose is to prevent someone from tampering with records. In the end, it is clear who wins or loses.
Some time ago, a picture of Chinese aunts appearing on the scene of the blockchain conference became popular on the Internet. For a while, it caused a heated discussion. Netizens said one after another: "aunts have been targeted by the blockchain." In fact, since a few years ago, when the concept of blockchain came out, there have been some illegal elements carrying out pyramid selling activities in the name of blockchain, which has become one of the latest varieties of pyramid selling. In fact, with the development of blockchain, all kinds of virtual currencies emerge as the times require. Most of them are scams. In the name of "virtual currency" and "blockchain", swindlers carry out scams. This is mainly to make use of the psychology that investors do not understand virtual currency and blockchain, but want to catch up with the upsurge of virtual currency investment. This kind of scam seems complicated, but it is also very simple. However, once it is cheated, it is difficult to recover the investment
in a word, blockchain technology is not a fraud, but is used by swindlers to cheat investors by using information asymmetry
How to identify illegal gangs is a very important skill in the Internet age. To identify whether an organization on the network is an illegal organization, you only need to identify whether it has a certain threshold fee to know
but this is only for technical talents or engineers. For ordinary people, it is not easy to use and transparent as many other unknown network procts or technical pronouns. It needs considerable technical threshold in use. As a new thing, network has developed for many years. However, e to the development of the network to the practical stage, it is only a few decades. For the Chinese people, it is still a relatively new thing. A lot of traditional deception can be packaged through the network, just for a vest, still can cheat a lot of people. Especially for the elderly. After the use of network tools, the amount of information received is greatly increased, at the same time, there will be a greater chance to come into contact with these cheating illegal groups. Just remember one principle at this time. Any project investment activities that need to be paid are all deceptive. I hope everyone can protect themselves and their families in the online world
No, blockchain is the underlying technology, and virtual currency is mostly developed or derived from this underlying technology
Mr. Yuan Wang is engaged in the development of digital asset blockchain system. If necessary, you can search "Mr. Yuan Wang" on the Internet to find detailed communication.
if you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached three or more, you can combine the number of people who have developed in each organization
if the organizers and leaders continue to get remuneration or rebate from the original MLM organization after formally leaving the original MLM organization, the level and number of the development personnel of the original MLM organization after leaving shall be calculated as the level and number of the development personnel
in handling the criminal cases of organizing and leading pyramid selling activities, if it is really impossible to collect the verbal evidence of the participants one by one e to the limitation of objective conditions, it can be combined with the evidence collected and verified according to law, such as the payment, payment, payment and rebate records, audio-visual materials, relationship diagram of pyramid selling personnel, bank account transaction records, Internet electronic data, expert opinions, etc, Comprehensively identify the number of people involved in pyramid selling, the number of levels and other criminal facts< The following personnel can be identified as the organizers and leaders of MLM activities:
(1) personnel who play the role of initiation, planning and manipulation in MLM activities
(2) personnel who are responsible for management and coordination in MLM activities
(3) personnel who are responsible for publicity and training in MLM activities< (4) those who have received criminal punishment for organizing or leading pyramid selling activities, or administrative punishment for organizing or leading pyramid selling activities within one year, and who have directly or indirectly developed pyramid selling activities with more than 15 participants and at least three levels< (5) other personnel who play a key role in the implementation of MLM activities, the establishment and expansion of MLM organizations
If a crime of organizing or leading pyramid selling activities is committed in the name of a unit, the personnel appointed by the unit who are only engaged in labor work will not be investigated for criminal responsibility< The organizers and leaders of MLM activities have taken the actions of fabricating and distorting national policies, fabricating and exaggerating business, investment, service items and profit prospects, covering up the real source of remuneration and rebate or other fraulent means to implement the provisions of article 224-1 of the criminal law, Those who illegally make profits from the fees paid by the participants in pyramid selling activities or the fees for purchasing goods or services shall be regarded as defrauding property. Whether the participants in pyramid selling activities think that they have been cheated or not does not affect the determination of the property swindled<
4. On the identification of "serious circumstances":
(1) the organizers and leaders of pyramid selling organizations who meet the provisions of paragraph 1 of Article 1 of the opinions shall be identified as "serious circumstances" under the provisions of article 224-1 of the criminal law under any of the following circumstances:
(1) the total number of participants in pyramid selling activities of the organizations and leaders is more than 120< (2) collecting directly or indirectly the MLM funds paid by the participants in the MLM activities with an accumulated amount of more than 2.5 million yuan< (3) having received criminal punishment for organizing or leading pyramid selling activities, or administrative punishment for organizing or leading pyramid selling activities within one year, and having directly or indirectly developed more than 60 people to participate in pyramid selling activities
(4) causing serious consequences such as mental disorder and suicide among the participants in pyramid selling activities< (5) causing other serious consequences or adverse social effects< The organizer or leader of MLM activities requires the developed personnel of MLM activities to develop and other personnel to join through the development personnel. The pure "team pay" type of MLM activities with the purpose of selling goods and based on sales performance are not treated as crimes. In the form of "team pay", but in essence, it belongs to "the number of development personnel as the basis of pay or rebate", which should be convicted and punished as the crime of organizing and leading pyramid selling activities according to the provisions of article 224-1 of the criminal law< (6) on the application of charges, those who organize and lead pyramid selling activities for the purpose of illegal possession, and constitute the crime of organizing and leading pyramid selling activities and the crime of fund-raising fraud, shall be convicted and punished in accordance with the provisions with heavier punishment
those who commit the crime of organizing and leading pyramid selling activities and commit intentional injury, illegal detention, extortion, obstruction of public affairs, gathering people to disturb social order, gathering people to attack state organs, gathering people to disturb the order of public places and traffic order, etc., which constitute a crime, shall be punished in accordance with the provisions of combined punishment for several crimes.
There is no clear standard for determining the amount. The number of years to be sentenced depends on the circumstances, such as the means of fraud, the property obtained by fraud, and the number of people involved in pyramid selling activities
According to the opinions of the Ministry of public security of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of organizing and leading pyramid selling activities, the organizers and leaders of pyramid selling activities fabricated and distorted national policies, fabricated and exaggerated business, investment, service items and profit prospects, To cover up the true source of remuneration and rebate or other fraulent means and carry out the acts specified in article 224-1 of the criminal lawthose who illegally profit from the fees paid by the personnel participating in pyramid selling activities or the fees for purchasing goods and services shall be deemed as defrauding property. Whether the participants in pyramid selling activities think that they have been cheated or not does not affect the determination of the property swindled
The organizers and leaders of pyramid selling organizations that meet the provisions of paragraph 1 of Article 1 of the opinions shall be deemed as "serious circumstances" as stipulated in article 224-1 of the criminal law if they have one of the following circumstances:(1) the total number of participants in pyramid selling activities of the organizations and leaders is more than 120
(2) collecting directly or indirectly the amount of MLM funds paid by the personnel participating in MLM activities, which has accumulated to more than 2.5 million yuan (3) having received criminal punishment for organizing or leading pyramid selling activities, or administrative punishment for organizing or leading pyramid selling activities within one year, and having directly or indirectly developed more than 60 people to participate in pyramid selling activities (4) causing serious consequences such as mental disorder and suicide of the participants in pyramid selling activities (5) causing other serious consequences or adverse social effects According to Article 224 of the criminal law of the people's Republic of China [contract fraud; In any of the following circumstances, whoever swindles the other party's property for the purpose of illegal possession in the process of signing or performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; (1) signing a contract in the name of a fictitious unit or in the name of another person; and (2) using forged, altered or voided bills or other false property right certificates as security (3) having no actual ability to perform, luring the other party to continue to sign and perform the contract by first performing the small contract or partially performing the contract (4) escaping after receiving the goods, payment for goods, advance payment or guarantee property from the other party (5) defrauding the other party's property by other meansArticle 224-1 in the name of business activities such as promoting commodities and providing services, organizations and leaders require participants to obtain the qualification by paying fees or purchasing commodities and services, and form a hierarchy according to a certain order, and directly or indirectly use the number of development personnel as the basis for remuneration or rebate
whoever lures or coerces participants to continue to develop pyramid selling activities involving others, swindles money or property, and disturbs economic and social order shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined
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extended materials
according to Article 7 of the regulations on the prohibition of pyramid selling, the following acts belong to pyramid selling:
(1) the organizer or operator requires the developed personnel to develop other personnel through the development personnel, To calculate and pay remuneration (including material rewards and other economic benefits, the same below) to the developing personnel based on the number of the personnel they have directly or indirectly developed in a rolling way, so as to seek illegal benefits
(2) the organizer or business operator, through the development personnel, requires the personnel to be developed to pay fees or pay fees in disguised form by way of subscribing for commodities, so as to obtain the qualification of joining or developing other personnel to join and seek illegal interests (3) the organizers or business operators, through the development personnel, require the development personnel to develop other personnel to join, form the relationship between the upper and lower line, and calculate and pay the online remuneration based on the sales performance of the lower line, so as to seek illegal interestsArticle 24 for those who commit the acts specified in Article 7 of these regulations and organize and plan pyramid schemes, the administrative department for Instry and Commerce shall confiscate the illegal property, confiscate the illegal income and impose a fine of not less than 500000 yuan but not more than 2 million yuan; If a crime is constituted, criminal responsibility shall be investigated according to law
those who commit the acts specified in Article 7 of these regulations, introce, entice or coerce others to participate in pyramid selling shall be ordered by the administrative department for Instry and commerce to stop the illegal act, confiscate the illegal property and illegal income, and be fined not less than 100000 yuan but not more than 500000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law
those who take part in pyramid selling activities in accordance with Article 7 of these Regulations shall be ordered by the administrative department for Instry and commerce to stop the illegal activities and may be fined less than 2000 yuan