Conviction of virtual currency financing fraud

1. 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 and collect evidence, and it is also difficult to carry out arrest operations, 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 reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. 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
2. The fact of the crime should be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed
under 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) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency

2. Virtual currency is also converted from RMB
report to the police with evidence in case of fraud

fraud is a criminal case

the police will investigate and screen

in case of fraud, the police will actively solve the case

if the case is solved, the victim's loss will be recovered.

3. A number of victims of virtual currency fraud cases distributed all over the country said that they were refused to file a case when reporting to the local police because virtual currency could not be valued and could not reach the starting loss amount of theft or fraud. This situation may be affected by the announcement on preventing the financing risk of token issuance issued by seven ministries and commissions on September 4, 2017 (hereinafter referred to as the announcement). Generally speaking, fraud and other crimes of infringing property rights have the starting point of "large amount" According to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of fraud cases, indivials who defraud public or private property of more than 2000 yuan belong to "large amount". However, the announcement clearly pointed out that "any so-called token financing trading platform shall not provide pricing, information intermediary and other services for token or virtual currency." Therefore, it is difficult for the public security organs to recognize the price of virtual currency displayed on the trading platform, and to estimate the value of virtual currency when the victims encounter virtual currency fraud, so as to determine whether the case meets the filing standard.

4. If the amount of fraud reaches the standard of the crime of fraud, it is a criminal case
according to the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of fraud, the standard of "large amount" (i.e. filing standard) is to defraud public and private property worth 3000 yuan to 10000 yuan or more. The specific amount of the starting point of punishment is more clearly stipulated in various localities.

5.

According to the news on February 10, 2018, on September 4, 2017, seven ministries and commissions of the people's Republic of China issued the notice on preventing the financing risk of token issuance, which regulates the issuance of tokens. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, and it has no monetary attributes such as legal compensation and mandatory, It does not have the same legal status as currency and cannot and should not be used as currency in the market. Nevertheless, it is undeniable that all kinds of "virtual currency" still have a certain property value and are part of the property of the holder. So, how to identify the nature of the theft of such tokens

In order to protect the legitimate rights and interests of "virtual token" holders, the author intends to discuss such issues through a relevant news report and relevant cases

stealing bitcoin

recently, a news report said that Haidian police in Beijing cracked a case of destroying computer information system. The suspect Zhong used his administrator's authority to modify the company's computer applications and steal 100 bitcoins. Before he could sell the stolen money, Zhong was arrested by the police. At present, Zhong was detained for the crime of destroying computer information system

it can be seen from the report that the police detained the perpetrator for stealing bitcoin on suspicion of damaging the computer information system. The crime of destroying the computer information system stipulated in Article 286 of the criminal law of our country refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the provisions of the state, resulting in the abnormal operation of the computer information system and serious consequences, or deleting, modifying or interfering with the data and application programs stored, processed or transmitted in the computer information system Modifying or adding operations with serious consequences, or deliberately making or spreading destructive programs such as computer viruses, which affect the normal operation of the computer system with serious consequences

In the author's opinion, this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interest protected by this crime is actually the public order of our society, not the property interests of the digital currency holders, which in fact denies the property value of digital currency, It is only protected as a data or system function in a computer system. The author thinks that there is some irrationality in this way

first of all, in the notice on the prevention of bitcoin risk issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and does not have such monetary attributes as legal compensation and compulsion. Bitcoin has four main characteristics: no centralized issuers, limited amount, no geographical restrictions and anonymity. Because it belongs to a specific virtual commodity in nature The notice also clearly mentioned that bitcoin does not have the same legal status as currency and should not be used as currency in the market. However, as a virtual commodity, the property value behind bitcoin cannot be ignored

Secondly, Article 127 of the general provisions of the civil law, which came into effect on October 1 last year, stipulates that if the law has provisions on the protection of data and network virtual property, such provisions shall prevail. Although only the protection of the network virtual property has made the principle provisions, but it can not be denied that this shows our country's attitude towards the protection of the network virtual property. Although there is no special law for the protection of data and network virtual property in China, from the perspective of the general provisions of civil law, it is predicted that there will be relevant legislation in the future

finally, from the relevant cases, we can also see the recognition of the property attribute of virtual currency such as bitcoin in China's judicial practice. In April and may 2013, Liu premeditated to set up a bitcoin trading platform, so he recruited Jin and Huang (both sentenced) to jointly set up a "bitcoin" trading platform. During this period, Liu, Huang, Jin, Jin and the defendant he, in addition to other acts of directly stealing customers' funds, also frequently cashed RMB by selling customers' bitcoins, and transferred 120 bitcoins from the website. Finally, the court convicted and punished the defendant for fraud, and the bitcoin transferred by the defendant was also included in the property loss of the victim. Therefore, from the judicial cases, we can also get the recognition of the property attributes of virtual currency such as bitcoin

based on the above reasons, the author thinks that it may be unreasonable to regulate the theft of virtual currency only as the crime of damaging computer information system. We should face up to the hidden property value and consider the application of the crime of infringing property in China's criminal law. Only in this way can we effectively protect the legitimate rights and property of digital currency holders in China

6. It should

7. The first sentencing range:
swindle public or private property, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of less than three years, criminal detention or public surveillance, and shall also or only be fined
large amount: swindle public or private property with a value of more than 3000 yuan to more than 10000 yuan. Jiangsu Province set 6000 yuan as the starting point for a large amount< 2. The second sentencing range:
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
if the amount is huge, it refers to defrauding public or private property with a value of 30000 yuan to more than 100000 yuan. Jiangsu Province set 60000 yuan as the starting point of huge amount<
other serious circumstances: refers to the amount of money reaches a huge standard, and there are one of the following circumstances:
(1) by sending text messages, making phone calls or using the Internet, radio and television, newspapers and magazines to publish false information, the implementation of fraud on the unspecified majority of people
(2) fraud relief, emergency, flood control, preferential care, poverty alleviation, immigration, relief, medical money and goods< (3) defrauding in the name of disaster relief fund-raising< (4) defrauding the property of the disabled, the elderly or the disabled< (5) causing the victim's suicide, mental disorder or other serious consequences< According to the regulations of Jiangsu Province, if the amount of fraud is close to "huge amount" and one of the following situations occurs:
(1) to defraud an unspecified majority of people by sending short messages, making phone calls or publishing false information through Internet, radio and television, newspapers and magazines, etc
(2) defrauding special funds and materials for disaster relief, rescue, flood control, epidemic prevention, preferential treatment, poverty alleviation, resettlement, relief, medical treatment, donation, social insurance, ecation, land acquisition, demolition, etc< (3) defrauding in the name of disaster relief fund-raising
(4) squandering the swindled property, making it impossible to return the swindled property, or using the swindled money for criminal activities< (5) swindling the property of the disabled, the elderly or the disabled< (6) causing the victim's suicide, mental disorder or other serious consequences< (3) the third range of sentencing:
if the amount is especially huge or 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 or confiscated of property
other especially serious circumstances: refers to the amount of money reaching the extremely large standard, and under one of the following circumstances:
(1) deceiving an unspecified majority of people by sending short messages, making phone calls or using the Internet, radio and television, newspapers and magazines to publish false information
(2) deceiving relief, emergency, flood control, preferential care, poverty alleviation, immigration, relief, medical treatment, etc< (3) defrauding in the name of disaster relief fund-raising< (4) defrauding the property of the disabled, the elderly or the disabled< (5) causing the victim's suicide, mental disorder or other serious consequences< According to the regulations of Jiangsu Province, the amount of fraud is close to "the amount is particularly huge" and one of the following situations occurs:
(1) to defraud an unspecified majority of people by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc
(2) defrauding special funds and materials for disaster relief, rescue, flood control, epidemic prevention, preferential treatment, poverty alleviation, resettlement, relief, medical treatment, donation, social insurance, ecation, land acquisition, demolition, etc< (3) defrauding in the name of disaster relief fund-raising
(4) squandering the swindled property, making it impossible to return the swindled property, or using the swindled money for criminal activities< (5) swindling the property of the disabled, the elderly or the disabled< (6) causing the victim's suicide, mental disorder or other serious consequences.

8. Roaming is a percentage profession, not suitable for independent attack, independent is fixed damage roaming shoulder protection shoes belt best 30 force critical hit 2 that clothing pants hit physical attack 15-25 look at capital jewelry best bone ring mourning chain and bracelet on the line jewelry hit attribute enhancement weapon belt high strength best percentage profession must be able to hit physical attack hit physical attack