Borrowing other's bank card to trade virtual currency

Zhongmou, an employee of an Internet technology company in Haidian District of Beijing, took advantage of his position to steal 100 bitcoins from the company by inserting code with the permission of the administrator to modify the application program in the company's server. In March 24th, the procuratorial organ of Beijing city was informed by the people's Procuratorate of Haidian District that the procuratorial organ approved the arrest of the suspect Zhong Mou in accordance with the law on suspicion of illegally obtaining the data of computer information system. p> According to the prosecutor, bitcoin and other "virtual currencies", as a new Internet financial concept, have attracted much attention. The central bank once issued a risk warning on "virtual currency", stressing that China has not issued any virtual currency, nor authorized any institution or company to issue it, let alone a promotion team, At present, "virtual currency" in the market is non legal virtual currency

this case is the first case of bitcoin theft in Beijing. Although it is difficult to determine the value of bitcoin from a legal point of view, it will also violate the law if it goes beyond its authority and illegally modifies the functions of computer information system, causing economic losses such as maintenance< br />

Lending a bank card to others first violates the regulations of the people's Bank of China on bank card management. Second, if they use the card to launder money or engage in other illegal transactions, you should bear joint and several liability

remarks:

1 according to Article 28 of Chapter V of the measures for the administration of bank card business promulgated by the people's Bank of China, an indivial applying for a bank card shall provide the issuing bank with his / her valid identity card as stipulated by the public security Department, and open a registered account for him / her after passing the examination of the issuing bank, The bank card and its account shall only be used by the cardholder approved by the issuing bank, and shall not be rented or lent

2, when a customer applies for a bank card, he forms a contractual relationship with both sides of the bank. This contractual relationship is not transferable, so the customer transfers the bank card without the consent of the bank, which means that he transfers his contractual rights and obligations, which is both a breach of contract and an invalid act

3, according to the relevant provisions of the criminal law, banking law and anti money laundering law, even if the cardholder does not know, he should also bear joint and several liability

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extended information:

General Provisions

Article 1 in order to strengthen the management of bank card business, prevent the risks of bank card business, and safeguard the legitimate rights and interests of commercial banks, cardholders, special agencies and other parties, the bank shall, in accordance with the law of the people's Republic of China on the people's Bank of China, the law of the people's Republic of China on commercial banks, the The regulations of the people's Republic of China on the administration of foreign exchange and the relevant administrative laws are hereby formulated

Article 2

the bank card mentioned in these Measures refers to the credit payment tools issued by commercial banks (including postal financial institutions, the same below) to the public with all or part of the functions of consumption credit, transfer settlement, cash deposit and withdrawal. Commercial banks shall not issue bank cards without the approval of the people's Bank of China

Article 4

commercial banks shall carry out bank card business combination of information sharing, merchant sharing, machine sharing and other types on the basis of negotiation and mutual benefit