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On the nature of the crime of virtual money pyramid selling

Publish: 2021-04-29 11:22:14
1. May involve illegal fund-raising and pyramid selling and other related criminal crimes
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.
2. Identifying whether virtual currency is a pyramid scheme is a bit of a bluff
the purpose of offline development and the t of high return is MLM
for MLM, you can refuse to join.
3.

although the management of virtual currency is difficult, it can be regulated and punished according to the banking law, criminal law and other relevant laws and regulations

for example, the people's Bank of China stipulates that financial institutions and Payment institutions are not allowed to handle settlement for virtual currency, so there is no trading market for virtual currency in China. However, although there is no settlement market in China, virtual currency may choose to settle overseas, because virtual currency is attached to the Internet and can settle in any country

and it will be more difficult to manage by building a virtual currency trading platform in a foreign website for people to trade. In China, there are also some third-party payment institutions that secretly provide settlement services for virtual currency, which brings some difficulties to supervision

at present, formal payment and settlement institutions are not allowed to provide settlement channels for virtual currency transactions, but informal institutions may still provide settlement services secretly. Even if the informal institutions are cleaned up, some people may choose to go abroad to carry out similar acts

extended information:

for the supervision of virtual currency, we should focus on preventing any form of virtual currency from replacing the function of RMB and engaging in illegal acts through virtual currency, that is, strengthening the supervision of the function and use of virtual currency. We should focus on whether virtual currency is used as currency, not only from the object form of currency to see whether it belongs to forgery and alteration of RMB

any object exercising monetary function within the territory of the people's Republic of China violates the relevant provisions of the law of the people's Bank of China. The virtual currency in the form of code, as long as it is used as currency, is equivalent to counterfeit currency in nature. It can be supervised and punished according to the law of the people's Bank of China and the criminal law

source of reference: People's Daily - experts in cracking down on virtual currency transactions in many places: key regulatory functions

4. Virtual currency, represented by bitcoin, is legal in China. It is defined as a special Internet commodity. People can buy and sell it freely at their own risk. But it is illegal to carry out pyramid schemes under the guise of bitcoin. Now to create a virtual currency trading platform, we must record the website and implement real name authentication for users. Bitcoin is legal in most countries around the world, except that some small countries explicitly ban it

since 203, the more popular virtual currencies are bitcoin, Wright coin, Fuyuan coin, doggy coin, dark coin, reborn coin and so on.
5. This sentence should be sentenced, because this kind of thing is a very serious fraud.
6. As if it were
the so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud. The general public should raise their risk awareness, invest rationally and prudently, and prevent their interests from being damaged
the legal currency of China is RMB. RMB shall be uniformly printed and issued by the people's Bank of China. No unit or indivial may refuse to pay all public and private debts within the territory of China in RMB. The general public should establish a correct concept of currency, take good care of RMB and jointly maintain the normal circulation order of RMB
the functions of the monetary gold and silver Bureau of the people's Bank of China include the formulation and implementation of relevant monetary issuance and gold management measures; Undertake RMB management and anti-counterfeiting work.
7. MLM and MLM in disguised form are both illegal. Several features of MLM, such as entry fees and team pay, are illegal if they are involved
8.

MLM is based on the number and level of the organization. The specific provisions are as follows: Article 78 of the provisions of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (2) promulgated and implemented on May 7, 2010 stipulates that organizations and leaders, in the name of marketing goods, providing services and other business activities, require participants to obtain the qualification by paying fees or being able to buy goods and services, The number of development personnel is directly or indirectly used as the basis for payment or rebate to ince or coerce participants to continue to develop pyramid selling activities that others participate in, defraud property, and disrupt the economic and social order. The number of suspected organization and leadership personnel of pyramid selling activities is more than 30 and the level is more than three, It should be filed for prosecution

9. How is illegal pyramid selling convicted? The main legal basis for cracking down on illegal pyramid selling in China is as follows: < / BR > Article 225 of the criminal law [crime of illegal business operation] "Reply of the Supreme People's Court on how to determine the nature of pyramid selling or disguised pyramid selling with serious circumstances" (adopted at the 1166th meeting of the judicial committee of the Supreme People's Court on March 29, 2001 and announced by the Supreme People's Court of the people's Republic of China on April 10, 2001), Effective as of April 18, 2001), the provisions of the Supreme People's Procuratorate, the Supreme People's Procuratorate and the Ministry of public security on April 18, 2001 (GF [2001] No. 11), the reply of the Supreme People's Procuratorate on how to deal with pyramid selling or pyramid selling in disguised form before April 18, 1998 (Gao Jian R & D No. 7, 2003), and the regulations on Prohibition of pyramid selling (adopted at the 101st executive meeting of the State Council on August 10, 2005), Since November 1, 2005) on February 28, 2009, the criminal law amendment (VII) was passed, adding the crime of organizing and leading pyramid selling. Crime of organizing and leading pyramid selling: in the name of selling goods and providing services, organizing and leading require the participants to obtain the qualification by paying fees or purchasing goods and services, and form a hierarchy according to a certain order, directly or indirectly use the number of development personnel as the basis for payment or rebate, to ince and coerce the participants to continue to develop others to participate, Whoever swindles money or property and disturbs the economic and social order in pyramid selling 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 < Amendment 7 of the criminal law adds an article after article 224 of the criminal law as one of article 224: "in the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain the qualification of joining by paying fees or purchasing goods and services, and form a hierarchy according to a certain order, Whoever directly or indirectly uses the number of development personnel as the basis for calculating remuneration or rebate, lures or coerces participants to continue to develop pyramid selling activities in which others participate, swindles money or property, or 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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