Capture of virtual currency in Changbai County
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 casesstealing 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 wayfirst 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 futurefinally, 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
learned from the Xi'an Municipal Public Security Bureau's opening branch recently that the "3. 30" network hacker theft virtual currency case was broken down nearly half a year, and 3 suspect suspects were all arrested. The initial investigation found that the gang involved in the case reached 600 million yuan. p>
on March 30, 2018, the economic development branch of Xi'an Public Security Bureau received an alarm from the victim Zhang, claiming that his personal computer was suspected to have been illegally intruded, and a large number of virtual currencies such as bitcoin and Ethereum were looted, with a market value of over 100 million yuan. The Municipal Public Security Bureau quickly set up a special group to carry out the detection work
has been examined by the 3 suspects as hacker. Many illegal gains have been obtained through illegal invasion, control of company's enterprise and personal network system, and the amount of suspect involved has reached 600 million yuan. At present, the case is still under further investigation
Vicat is a real cryptocurrency, and is the only world currency backed by gold so far
the internal trading of Vicat was launched on June 1, with the opening price of 1.05 euro. At the same time, the member's Au gold can also be traded and realized. On July 1, the international trading was launched, and it entered the U.S. market at the same time. We can also buy games online with Vicat
after September 1, new members will no longer have free Au gold. They can only obtain gold through trading. After trading, it is estimated that the daily trading volume will exceed 1.5 million.
Zone K chain, virtual currency, what should we pay attention to? It has to be said that k-chain fraud is now a common means used by many swindlers. If they are not careful, they will be cut
First, as a victim, I really warn you not to be lured by temporary interests, or you will lose more than you gain, let alone take chances first of all, the k-chain means of those swindlers are described in detail here. These swindlers apply for a fake company or shell company through the white paper, but in fact there is no such enterprise at all. Then they find someone to develop an app, and then bind the accounting information and other important information related to money to foreign servers, This is to be able to close without a trace and when the app goes online, it will go through a variety of: Commission tasks, how much to charge back, how much to get back from new users, and so on. When you feel reliable and reliable, and then use more money to invest, you can't go back be careful< be sure to resist money of unknown origin
to sum up! I hope you can have a clear eye when facing the temptation of the unknown
With the rapid popularization of mobile payment, people have endless reverie about "cashless society". China is the most widely used country in the world, and also one of the countries closest to "cashless payment". However, only relying on mobile payment can not meet the reform requirements of the digital financial era, so the concept of "digital currency" with a deeper focus came into being
it is understood that in the future, the central bank will not directly issue digital currency to the public, but adopt a two-tier operation system. The central bank will first convert the digital currency to banks or other operating institutions, and then these institutions will convert it to the public. The central bank's legal digital currency will be pilot in some scenarios in the early stage, and then further promoted after it is more mature, For the sake of safety, the pilot exit mechanism will be well designed
engineers steal millions of bitcoin from the company or face severe punishment
illegally obtaining data
the suspect is facing severe punishment
prosecutor Ji jingling, the undertaker of the case, said that according to Article 285 of China's current criminal law, it is serious to obtain the data stored, processed or transmitted in the computer information system in violation of national regulations, He 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 circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined
suspect Zhong Mou violates the state regulations, uses the technical means, obtains the data stored in the computer information system, and his behavior has violated the criminal law stipulation, the suspect is illegally obtains the computer information system data crime.
the prosecutor said that bitcoin and other "virtual currency" as a new Internet financial concept have been hot talked about by people. The central bank once issued risk tips on "virtual currency", emphasizing that China has not issued virtual currency, nor authorized any institutional company to issue it, let alone the promotion team. At present, the "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 perspective, it will also violate the law if it exceeds its authority and illegally modifies the functions of computer information system, causing economic losses such as maintenance
In the past two years, if you don't know the popular words "blockchain" and "bitcoin", you will be embarrassed to go out. For a time, all kinds of virtual currencies under the banner of "decentralization" and "Application of blockchain technology" are popular, making it difficult to distinguish the true from the false. No, a company in Shenzhen issued a so-called "the world's first standard digital currency", and the "ordinary silver currency" with 10 billion Tibetan tea endorsements went wrong. More than 3000 investors were cheated, and some even lost millions of yuan
yesterday, the Nanshan police held a news briefing to announce the fund-raising fraud that was launched on the grounds of issuing virtual currency. At present, 6 suspect suspects have been arrested and the amount involved is 307 million yuan. On the "5.15" Publicity Day for cracking down on and preventing economic crimes, the police reminded investors to enhance their risk awareness and not be blinded by such gorgeous clothes as blockchain. Behind the high profits publicized by the perpetrators are often huge risks
so far, the introction of "ordinary silver coin" is still hanging on the P2P website "Quyin". The reporter saw that Puyin coin is known as "the first standard digital currency in the world", and it is "the standard digital currency that Puyin group takes 1 billion high-quality Tibetan tea as the original standard asset, after three-party storage, identification, evaluation and right confirmation, writes the Tibetan tea assets into the blockchain and issues through digital encryption technology"
in the past two years, bitcoin has soared, making many investors pay special attention to blockchain, and various virtual currencies have sprung up overnight. Although block chain, digital encryption and other technical terms are used, investors are most concerned about capital security
The common silver coin claims that it corresponds to the physical assets of Tibetan tea, has high circulation value and broad value-added prospects. In addition, the parent company of Puyin group has begun to prepare for listing, which has been internationally recognized. It launched on the Korean platform in September 2016, and will be launched in Singapore, Japan and other platforms in the future. These exaggerated prospects, so that a large number of investors flocked to subscribein the ordinary silver coin post bar, investors exchange experience with each other, "why the ordinary silver coin soars today" and "how it falls sharply today". The ordinary silver coin, which is similar to the rise and fall of the stock market, breaks the hearts of investors. Until December 2017, the hot topic of discussion in the post bar began to become "can the currency in Puyin wallet be recovered?"
investors began to panic, they found the office of Puyin, the company's behind the scenes boss has disappeared, there are only two or three staff in the office supporting the field, has been virtually closed“ The rumor that "Puyin runs the road" began to appear everywhere
is the return of Pu'er coin high? Fake
the reporter learned that in November 2017, the Shenzhen market inspection bureau once imposed administrative punishment on Puyin blockchain, and ordered the parties concerned to stop publishing illegal advertisements by using publicity materials to publish advertisements containing false contents and goods (Pu'er coin) with expected return on investment on the website, and to make a guaranteed commitment to the future income of Pu'er coin through repurchase, He was also fined a total of 1.2 million yuan
As a matter of fact, the police have already been involved in the investigation. On June 15, 2017, Nanshan police received a report from the masses that Shenzhen Puyin blockchain Group Co., Ltd. (hereinafter referred to as Puyin company) had illegally raised funds. Through investigation, Puyin company illegally absorbed public funds through the "QUQIAN" P2P platform, defrauding the victim of about 307 million yuan, and suspected of fund-raising fraud. Nanshan police immediately set up a special team to carry out case investigationin March 28th this year, Nanshan police launched a net call on the company's suspected fund raising fraud case, and successfully arrested 6 suspect, such as pan Dong, Xiong Moulong and so on. At present, the suspect is being pursued and recovered to recover the loss to the victim. The police urged other suspect fleeing to surrender themselves as soon as possible and take the initiative to get rid of the stolen goods and strive for leniency. p>
"blockchain" + tea fraud trilogy
the first step: put on the "vest"
the first step is to package the virtual currency with fresh elements and put on the coat of "blockchain". Puyin company claims that its released "Pu'er coin" (later renamed Puyin coin) is a kind of virtual currency claiming to take 10 billion Tibetan tea as collateral, Every ordinary silver coin held by the investor has the same kind of Tibetan tea as collateral. Investors can buy and sell ordinary silver coins on jucoin (virtual trading platform) to earn a price difference
The second step is to carry out crazy publicity in the early stage to attract a lot of hot money. The company has set up public accounts on the Internet, social networking platforms and investment forums for publicity, and even made roadshows in star hotels, promising high returns in a short period of timeis to introce the king into the urn
third steps, and the suspect will pull up the price of money in the early stage, so that investors can enjoy some sweetness. However, according to the police investigation results, the price change was e to the company's use of investors' investment funds for operation, which once raised the price of Pu'er coin from 0.5 yuan to 10 yuan. The company promised to split the ordinary silver coins held by investors twice (one for ten), so as to expand the ordinary silver coins held by investors 100 times, and claimed to supplement 10 billion yuan of Tibetan tea as support. In fact, there is only a small amount of Tibetan tea in stock
Step 4: harvest the "leeks"
and finally "cut the leeks". When a large number of investors came into the market, the company manipulated the price trend of ordinary silver coins maliciously and cashed out constantly, resulting in the worthlessness of ordinary silver coins and heavy losses. The company said at the time of issuing the currency that the funds would be used for tea investment, but in the investigation, it was found that the investor's money was wasted by the company for other purposes
police: virtual currency has a variety of criminal characteristics.
Wang Fei, deputy leader of Economic Investigation Brigade of Shenzhen Nanshan Public Security Bureau, said that the issuance and trading of virtual currency are prohibited in China. "Virtual currency itself is worthless, criminals construct virtual currency, and the characteristics of stakeholder fraud are obvious.". This year, the 60 platforms audited by relevant departments found that all of them did not have the technology and any monetary function they claimed. In addition to illegal fund-raising, virtual currency is even used for pyramid schemes
Bao'an police reported a new pyramid selling case in the name of virtual currency yesterday. The suspect Tang met Wang Yijun, who claimed to be the person in charge of "LPA global inclusive financial investment platform" in China. The company's operation mode is to issue 2 million LPA coins on the platform, each of which is worth 0.2 cents. For every 100000 LPA coins traded by investors, the price of LPA coins rises by 0.01 US dollars, When the price of LPA currency rises to US $0.4, it will reach the splitting standard and can apply for withdrawal after splitting. Tang as long as the development of members, you can get 5% - 6% of the membership Investment Commissionfrom February to July last year, Tang continued to attract people to join the association through incement, persuasion and other means, developed offline, and set up wechat group for teaching. At the time of the crime, the team had more than three levels, with more than 100 staff under its jurisdiction, and the team invested more than 5 million yuan. As a result, Tang made an illegal profit of more than 500000 yuan, of which the Commission was 300000 yuan
lawyer: there is a "Ponzi scheme" risk in virtual currency. Zhang Xingbin, a famous legal commentator in Shenzhen, said that the risk of "Ponzi scheme" existed in virtual currency, and there was a huge bubble. Once the bubble burst, they would return to their original value zero. [/
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Zhang Xingbin believes that in essence, the focus of virtual currency speculation is to let retail investors take over the market. With the help of blockchain and other exquisite packaging, when entering the financial market, retail investors unknowingly throw a lot of money into it, while people at the top of the pyramid become rich
reminder:
investors should raise risk awareness
in the face of virtual currency, the police remind investors: first, choose legal financial institutions such as banks, insurance and securities to invest; Second, investment should be rational. In the process of investment, we should know whether the behavior of enterprises or indivials absorbing funds is in line with the financial management laws and regulations, investigate the real assets and operating conditions of enterprises or indivials, and analyze whether the promised income is reasonable. We should not be confused by the appearance of "dazzling signboards, attractive projects, high income" and invest blindly; Third, enhance risk awareness. High income is often accompanied by high risk, and illegal financial activities contain huge risks. Investors should not be attracted by the temptation of high interest rates and avoid "earning interest and losing principal"
Zhang Xingbin said that the best way for investors to "invest" is to stay away from the virtual currency investment packaged by blockchain technology and give up the illusion of instant success and instant benefit