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Virtual currency salesmen bear joint and several liability

Publish: 2021-05-08 18:28:54
1. Trading virtual currency was cheated, the only effective way is to choose the police, prosecution introcer has no meaning
the alarm number is 110.
if the suspect is captured, the property you have been cheated will be recovered.
2. 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.
3.

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 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) 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 responsibility

4. As long as the price is reasonable, it is not illegal for both parties to trade voluntarily. It's like you have an old TV set that you want to sell and someone wants to use. It's not against the law to negotiate the price and pay for it and deliver it.
5. The loss of virtual currency rise and fall is borne by users themselves, and plain will not bear the corresponding responsibility
virtual currency is still a high-risk and high-yield investment proct in China. Central bank officials in the statement, the public at their own risk premise is now free to trade
the virtual currencies with good performance in the domestic market include Ruitai currency, bitcoin, thousand gold card and other digital currencies
there are risks in investment, so we should be cautious in purchasing currency.
6. It is not recommended to choose most platforms, which are informal
7. China's laws and regulations on virtual goods are not perfect, there is no specific sentencing standard, it is difficult to solve a case, the cost of investigation is high, the police rarely really intervene, even if there are solved cases are also associated with other cases. Online game companies only provide game platforms and do not need to bear the responsibility in this regard. So you have to learn from it later.
8. If there are the following circumstances, they need to bear joint and several liability< According to Article 21 of the company law, the controlling shareholders, actual controllers, directors, supervisors and senior managers of the company shall not damage the interests of the company by taking advantage of their affiliated relationship
those who violate the provisions of the preceding paragraph and cause losses to the company shall be liable for compensation
Article 30 after the establishment of a limited liability company, if it is found that the actual value of the non monetary property contributed by the company is significantly lower than the fixed value in the articles of association, the shareholders who contributed the capital shall make up the difference; Other shareholders at the time of establishment of the company shall bear joint and several liability< Article 63 If the shareholders of a one person limited liability company cannot prove that the company's property is independent of the shareholders' own property, they shall be jointly and severally liable for the company's debts< Article 18 of the law of the people's Republic of China on sole proprietorship enterprises (hereinafter referred to as the law of the people's Republic of China on sole proprietorship enterprises) when applying for the registration of the establishment of an enterprise, if an investor of a sole proprietorship enterprise clearly uses his family common property as his personal capital contribution, he shall bear unlimited liability for the debts of the enterprise with his family common property in accordance with the law.
9.

after the establishment of the company, the gang bought second-hand luxury cars to show up for the company, and then hired professionals to operate in the back. After all the preparations were ready, they used various means to attract customers to buy their wine and other things, and gave them a virtual currency to get more money through the virtual currency a lot of people are cheated by them. After purchasing procts, they own virtual currency, and after seeing profits, they invest more money. The most serious people are even cheated by more than 1 million. Later, the behavior of these people exposed, or because of their internal contradictions, leading to behind the trader was reported. After the incident was exposed, these people were taken away by the police for investigation, and only those who bought red wine in their company knew that they had been cheated. The so-called investment in virtual currency was a game played by the people of this company

it is possible for us to gain profits by investing in virtual currency, but we must invest through formal channels, and do not believe in some virtual currencies that are not available in the market at all. Of course, there are risks in investment. A small number of people can get profits, but most people will only lose their money. Therefore, before investing, we must carefully analyze the situation and actively learn relevant knowledge. If we really can't understand it, we can use a small amount of money to explore it slowly. In fact, virtual currency fraud is a very common thing, and many bad guys are focused on it. They can share some training materials for free to recommend software or websites for speculating in virtual currency. However, these software or websites are actually controlled by themselves, not any formal software or website

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