Illegal virtual currency in Shenzhen
1. The price fluctuates violently and the consumer protection is lacking:
virtual currency is the proct of network, and the digital information flowing in the network is beyond the control of all people. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code<
2. Avoiding supervision and becoming the "accomplice" of criminal activities
virtual currency transaction is not protected by law:
virtual currency transaction is not illegal, and it is not illegal to invest in virtual currency. But how to get involved in virtual currency transactions is illegal and illegal. It may be suspected of illegal fund-raising.
It is illegal to issue virtual currency privately
According to Article 29 of the regulations of the people's Republic of China on the administration of RMB, no unit or indivial is allowed to print or sell token tickets to replace RMB in circulation on the market In addition, the "emergency notice of the State Council Office for rectifying unhealthy tendencies in the instry, the State Economic and Trade Commission and the people's Bank of China on prohibiting the issuance and use of various token certificates (cards)" also strictly prohibited similar issues 
extended data
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, q-coin of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), silver grain (used for bixue Qingtian game), and popular digital currencies in 2013 include bitcoin, Laite coin, infinite coin, quark coin, zeta coin, etc Barbecue coins, pennies (Internet), invisible gold bars, red coins, prime coins. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"
market formation
the Internet has led to the emergence of a new market, which is a virtual market based on cyberspace. The Internet provides a lot of communication places for consumers, and also provides business market for enterprises. Enterprises must change from proct centered to service centered to customer centered. With the development of computer artificial intelligence technology and database technology, enterprises can conveniently collect customers' information, understand customers' needs in time, change business strategies and grasp economic arteries in real time
With the rapid development of computer and network communication technology, the application of Internet technology has graally penetrated into various fields of human activities, and the unlimited business opportunities that it contains make businesses turn their eyes to e-commerce. E-commerce is penetrating into all aspects of social and economic life at a speed that people can hardly imaginethe traditional finance is also closely watching this irresistible trend of global economic integration and networking. As a result, value-added services take art as the selling point and can be regarded as commodities; The sword in the game is not a brand-new financial services business philosophy - e-finance came into being
from the historical development process, to understand e-finance, we must start from the electronic finance and e-commerce. The so-called e-financialization means that financial enterprises adopt modern communication, computer, network and other information technology means in addition to Internet technology to improve the work efficiency of traditional financial service business, rece operating costs, realize the automation of financial business processing, informatization of financial enterprise management and scientific decision-making, and provide customers with faster and more convenient services, And then enhance the financial enterprise is the behavior of market competitive advantage
e-finance is a transcendence of financial electronization. Different from the electronic finance, the main technical basis of e-finance operation is the increasingly perfect Internet technology. Due to the characteristics of global connectivity, openness, quickness and low marginal cost of Internet technology, e-finance strengthens the restructuring and innovation of financial services business based on Internet technology, so that customers are free from the restrictions of business hours and places, and enjoy all kinds of high-quality and low-cost services provided by financial enterprises anytime and anywhere
with the development of Internet, the form of money is becoming more virtual, and there is an electronic money that only exists in the form of electronic signal
reference source: Network: virtual currency
It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity
it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested
with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational
extended information:
after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases
According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:1
The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filedunder any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted
(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime (2) the time limit for prosecution has expired (3) exemption from punishment by special amnesty (4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn (5) the defendant has died (6) other laws and regulations provide for exemption from criminal responsibilityVirtual currency fraud calls 110 directly
many departments, such as the China Banking and Insurance Regulatory Commission, the central office of information technology, the Ministry of public security and so on, issued risk tips, saying that some criminals, under the banner of "financial innovation" and "blockchain", absorbed funds by issuing the so-called "virtual currency", "virtual assets" and "digital assets", thus infringing the legitimate rights and interests of the public
this kind of activity is not really based on blockchain technology, but on the hype of blockchain concept, illegal fund-raising, pyramid selling and fraud. In essence, it is a Ponzi scheme of "repaying the old by borrowing the new", which is difficult to maintain the long-term operation of funds
the public should treat the blockchain rationally, not blindly believe the promises, establish a correct monetary concept and investment concept, and effectively improve the risk awareness. Report to the public security organ in time after being cheated
extended data:
the first is the obvious networking and cross-border of virtual currency. Relying on the Internet and chat tools for transactions, and using online payment tools to balance funds, the risks spread widely and spread quickly. Some lawless elements set up websites by renting overseas servers to carry out activities for domestic residents and control illegal activities remotely
some indivials claim that they have obtained the investment quota of overseas high-quality blockchain projects in the chat tool group and can invest on their behalf, which is most likely fraud. Most of these illegal funds flow overseas, which makes it very difficult to supervise and trace
followed by deception, temptation and concealment. They use hot concepts to hype, fabricate various "tall and tall" theories, and some also use celebrity "big V" platforms to publicize. They use airdrop "candy" as temptation to claim that "currency value only rises but not falls", "investment cycle is short, income is high, and risk is low", which has strong bewitching
in practice, criminals illegally make huge profits by manipulating the price trend of the so-called virtual currency, setting profit and withdrawal threshold. In addition, some criminals also issue tokens under the guise of ICO, IFO, IEO, etc., or hype virtual currency in the way of IMO under the banner of sharing economy, which has strong concealment and confusion
finally, there are many kinds of illegal risks in this kind of behavior. Through public publicity, the illegal elements attract the public to invest funds, lure investors and development personnel to join, and constantly expand the fund pool with the t of currency appreciation and development offline profits, which has the characteristics of illegal fund-raising, pyramid selling, fraud and other illegal acts
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.
Some virtual currencies are illegal in China. Chinese laws prohibit virtual currencies. The only legal currency in China is RMB. Since the people's Republic of China issued RMB, it has lasted 71 years. With the development of economic construction and the needs of people's life, it has graally improved and improved. So far, it has issued five sets of RMB, forming a multi variety and multi series monetary system of paper money and metal money, ordinary commemorative money and precious metal commemorative money
except for 1,2,5 fen coins, the first, second and third sets of RMB have been withdrawn from circulation, and the fourth set of RMB has been suspended from circulation since May 1, 2018 (except 1 jiao, 5 jiao notes and 5 jiao, 1 yuan coins). The current circulation of RMB is mainly the fifth set of RMB issued in 1999
the people's Bank of China is scheled to issue the fifth set of RMB 50 yuan, 20 yuan, 10 yuan, 1 yuan banknotes and 1 yuan, 5 jiao, 1 jiao coins of the 2019 edition from August 30, 2019. The fifth set of RMB inherits the traditional experience of China's printing technology and draws lessons from the advanced technology of foreign banknote design, which has greatly improved its anti-counterfeiting performance and currency processing modernization
Chairman Mao Zedong's head portrait in the early days of the founding of the people's Republic of China is used on the front of each denomination currency, the famous Chinese flower pattern is used on the bottom, and the main scenery pattern on the back fully shows China's long history and magnificent mountains and rivers, and carries forward China's great national culture by selecting representative patterns with national characteristics
The 60 kinds of illegal virtual currencies are as follows (ranking in no particular order):
1 ~ 10: MBI, m3, Diablo, Asian currency, star currency, Jinyuan shopping alliance e-currency, Changjiang international virtual currency, five element currency, micro media e-currency, bonus point currency
11 ~ 20: virtual gold coin, HGC, central coin, LFG, Sri, huiai coin, nautical coin, CPF, Yifen, K coin
21 ~ 30: R coin, Baichuan coin, kbao, Zhongfu Tongbao, Hongtong coin, Raines electronic currency, global BlackRock No.1 financial currency, Glasberg, BCI, m coin
31 ~ 40: Wing coin, ev coin, performance coin, FIS, u coin, ES, zangbao net performance coin, huiai e-coin, Jianye disk e-coin and subsidy coin
41 ~ 50: hftag, Kaixin compound currency, kuailine virtual currency, Shihua currency, ente currency, CPM, carat currency, supreme currency, Wuhua union virtual currency, Meisheng E
51 ~ 60: Chinese currency, Mimi virtual currency, FIS, world Yunlian cloud currency, Liwu currency, Vicat currency, mark currency, kindness currency, Wuji currency, ATC
extended materials:
well known virtual currencies, such as network currency of network company, Q currency of Tencent company, Q point and voucher of Shanda company, micro currency launched by Sina (used for micro game, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), and Wenyin (used for bixue Qingtian game)
the popular digital currencies in 2013 are bitcoin, Leyte coin, infinite coin, quark coin, zeta coin, BBQ coin, pennies (Internet), invisible gold bar, red coin and prime currency
At present, there are more than 100 kinds of digital currency in the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"according to the notice and announcement issued by the people's Bank of China and other departments, virtual currency is not issued by the monetary authority, does not have legal compensation and mandatory monetary attributes, is not a real currency, does not have the same legal status as currency, cannot and should not be used as currency in the market circulation, and citizens' investment and transaction of virtual currency are not protected by law
They may report to the public security organ, the people's Procuratorate or the people's court. A report, complaint or report may be made in writing or orally
referring to the 110th section of the criminal procere law of the People's Republic of China, any unit or indivial finds that a criminal fact or criminal suspect has the right and obligation to report to the public security organ, the people's Procuratorate or the people's court. P>
the victim has the right to report to the public security organ, the people's Procuratorate or the people's court for a crime or a criminal suspect who infringes upon his personal or property rights.
public security organs, people's Procuratorates or people's courts should accept reports, charges and reports. If the case is not under its jurisdiction, it shall be transferred to the competent authority for handling, and the reporter, accuser or informant shall be notified; For those who are not under their jurisdiction but must take emergency measures, they shall first take emergency measures and then transfer them to the competent authorities
referring to Article 111 of the criminal procere law of the people's Republic of China, reports, charges and reports can be made in writing or orally. A staff member who accepts an oral report, complaint or report shall make a written record, which shall be signed or sealed by the reporter, accuser or informant after it is read out correctly
the staff members who accept the accusation and report shall explain the legal responsibility of false accusation to the accuser and informer. However, as long as it is not a fabrication of facts or evidence, even if there are differences in the facts of the accusation or report, or even a false accusation, it should be strictly distinguished from a false accusation
public security organs, people's Procuratorates or people's courts should guarantee the safety of reporters, complainants, informers and their close relatives. If a reporter, accuser or informant is unwilling to disclose his name and the act of reporting, accusing or reporting, he shall keep it secret for him< According to Article 112 of the criminal procere law of the people's Republic of China, the people's court, the people's Procuratorate or the public security organ shall promptly review the materials of reporting, accusing, reporting and surrendering according to the scope of jurisdiction, and file a case when they think that there are criminal facts that need to be investigated for criminal responsibility; If it is considered that there is no criminal fact or that the criminal fact is obviously minor and there is no need to investigate the criminal responsibility, the case shall not be filed, and the reasons for not filing the case shall be notified to the accuser. If the accuser refuses to accept the case, he may apply for reconsideration
referring to Article 192 of the criminal law of the people's Republic of China, the crime of fund-raising fraud: those who illegally raise funds by means of fraud for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan
If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property
referring to Article 193 of the criminal law of the people's Republic of China, the crime of loan fraud: in any of the following circumstances, whoever swindles a bank or other financial institution for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan
(1) fabricating false reasons for introcing funds or projects; and< (2) using false economic contracts< (3) using false supporting documents< (4) using false property right certificate as guarantee or repeatedly guaranteeing beyond the value of the mortgaged property< (5) defrauding loans by other means
referring to Article 194 of the criminal law of the people's Republic of China, the crime of bill fraud and the crime of financial voucher fraud: those who commit financial bill fraud under one of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan
(1) knowingly using forged or altered bills of exchange, promissory notes or cheques; and< (2) knowingly using invalid bills of exchange, promissory notes and cheques< (3) falsely using another's draft, promissory note or check< (4) issuing a blank check or a check inconsistent with its reserved seal to defraud property< (5) the drawer of a bill of exchange or promissory note issues a bill of exchange or promissory note without financial guarantee, or makes false records at the time of issue to defraud property
those who use forged or altered entrusted collection vouchers, remittance vouchers, bank deposit receipts and other bank settlement vouchers shall be punished in accordance with the provisions of the preceding paragraph
referring to Article 197 of the criminal law of the people's Republic of China, the crime of securities fraud: those who use forged or altered treasury bonds or other securities issued by the state to engage in fraud activities, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan
If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of propertyreferring to Article 224 of the criminal law of the people's Republic of China, the crime of leading pyramid selling activities:
in the name of organizing and leading business activities such as selling goods and providing services, the participants are required to pay fees or purchase goods and services to obtain the qualification to join, and form a hierarchy according to a certain order, Whoever, directly or indirectly, takes the number of development personnel as the basis for calculation of remuneration or rebate, lures or coerces participants to continue to develop pyramid selling activities in which others participate, swindles 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 finedreferring to Article 1 of the opinions on Several Issues concerning the application of law in handling criminal cases involving pyramid selling activities under the leadership of organizations, this paper discusses the identification of the level and number of pyramid selling organizations
in the name of marketing goods and providing services, participants are required to pay fees or purchase goods and services to obtain the qualification, and form a hierarchy according to a certain order, and directly or indirectly use the number of development personnel as the basis for payment or rebate, so as to ince and coerce participants to continue to develop, others to participate, and defraud property, Pyramid schemes that disrupt economic and social order
the organizers and leaders should be investigated for criminal responsibility if there are more than 30 people participating in pyramid selling activities within the organization and the level is above three. If you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached three or more levels, 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 the original MLM organization shall be calculated as the level and number of its development
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
referring to Article 3 of the opinions on Several Issues concerning the application of law in handling criminal cases involving organization and leadership of pyramid selling activities, this paper discusses the identification of "defrauding property"
the organizers and leaders of MLM activities, by fabricating and distorting national policies, fabricating and exaggerating business, investment, service items and profit prospects, concealing the true source of remuneration and rebate or other fraulent means, carry out the acts specified in article 224-1 of the criminal law, and take actions from the fees paid by the personnel participating in the MLM activities or the purchase of goods The illegal profit from the service fee 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
referring to Article 4 of the opinions on Several Issues concerning the application of law in handling criminal cases involving pyramid selling activities under the leadership of organizations, this paper discusses the determination of "serious circumstances"
the organizers and leaders of MLM organizations that meet the provisions of paragraph 1 of Article 1 of the opinions shall be deemed as "serious circumstances" under the provisions of article 224 of the criminal law if they have one of the following circumstances:
(1) the total number of participants in MLM activities organized and led by the organization 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