Crime of fraud in game virtual currency trading

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 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(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn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

2. 1. Although network virtual currency can not be completely equivalent to money and other traditional property, in specific occasions, the perpetrator can achieve the criminal purpose of illegally obtaining other people's property through the possession of virtual currency. Therefore, the fraud of virtual currency may also endanger the property safety of citizens, legal persons and other organizations, which has considerable social harmfulness and should also be punished as a crime
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.

3. Virtual currency transaction fraud also belongs to the category of fraud. Whether it will be filed depends on how much money you have been cheated. If the amount is relatively large, it will be filed

4. It's not illegal. The law has no clear legal provisions on virtual currency (such as game gold coin), because game gold coin is not a currency in circulation. For example, the game currency of Tianlong Babu can't be used in world of Warcraft. It has clear limitations, so the transaction is voluntary.

5. Game currency belongs to intangible property, network transaction is cheated, belongs to fraud. However, according to the judicial interpretation of the supreme law on the trial of the crime of fraud, only those who defraud public or private property in a large amount constitute a crime, and the starting point is 2000 yuan. Therefore, you can now report to the police, and the Public Security Bureau will finally investigate and determine the amount of fraud. If the amount exceeds 2000, it will constitute a crime of fraud, and criminal responsibility will be investigated. If it is less than two thousand, the police can only give administrative penalties in accordance with the law on administrative penalties for public security.

6.

Composition

the object of the crime of fraud is public or private property or property interests. The so-called object should be the interests worth 10000 yuan. In other words, the use of fake game currency causes at least 10000 yuan of interest loss to the game hall

constitution of crime:

(1) the object of this crime is the ownership of public and private property. Although some criminal activities also use some deceptive means and even pursue some illegal economic interests, the object of infringement is not or is not limited to the ownership of public and private property. Therefore, it does not constitute a crime of fraud. For example, abcting and trafficking in women and children is a crime of violation of personal rights

the object of the crime of fraud is limited to the property of the state, the collective or the indivial, not to defraud other illegal interests. It should also exclude loans from financial institutions. This law has specially stipulated the crime of loan fraud in Article 193

(2) the objective element of this crime is to defraud a large amount of public and private property by fraud. Firstly, the perpetrator committed fraud, which includes two types in form: one is to make up the facts, the other is to conceal the truth; In essence, it is an act that makes the victim fall into the wrong understanding

the content of fraud is that under specific circumstances, the victim will have a wrong understanding and make the disposition of property that the perpetrator wants. Therefore, whether it is to make up or conceal the past facts, or the present facts and future facts, as long as it has the above content, it is a kind of fraud

if the content of fraud does not make them dispose of their property, it is not the fraud of fraud. Fraud must reach the level that ordinary people can have a wrong understanding and exaggerate the goods they sell. It is not fraud that does not exceed the scope of social tolerance. There are no restrictions on the means and methods of fraud, which can be either verbal fraud or action fraud

fraud itself can be either an act or a omission, that is, it has the obligation to inform a certain fact, but if it fails to perform this obligation, the other party will fall into a wrong understanding or continue to fall into a wrong understanding. It is also a fraud that the actor obtains property by using this understanding. According to the provisions of article 300 of this law, those who organize or use sects or heretical organizations or use superstition to defraud property shall be punished as the crime of fraud

The other party's misunderstanding is caused by the actor's fraud; Even if the other party has some mistakes in judgment, it does not hinder the establishment of fraud

between the fraud and the other party's disposition of property, we must mediate the other party's misunderstanding; If the other party does not dispose of the property because of the wrong understanding of the fraud, it will not constitute the crime of fraud. The other party of fraud only requires the person who has the authority or status to dispose of the property, not necessarily the owner or possessor of the property

the behavior that the actor provides false statement and false evidence by means of civil litigation to make the court make a judgment in favor of him, so as to obtain property is called litigation fraud, which establishes the crime of fraud

the establishment of fraud requires the victim to dispose of property after falling into a wrong understanding, which includes disposition behavior and disposition consciousness. The purpose of making such a request is to distinguish fraud from theft

disposition of property is manifested as direct delivery of property, or commitment to the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and causes others to give up the property, and the perpetrator picks up the property, he should also be punished as the crime of fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute a crime of fraud, but only a crime of theft

after the victim disposes of the property, the perpetrator obtains the property, thus causing damage to the victim's property. According to the provisions of this article, it is a crime to defraud a large amount of public or private property. According to the relevant judicial interpretation, the amount of fraud is relatively large, with 2000 yuan as the starting point. But this does not mean that attempted fraud does not constitute a crime. Those who attempt to defraud, if the circumstances are serious, shall also be convicted and punished according to law. What needs to be studied is whether the perpetrator is guilty of fraud when he swindles property by using fraud method, but at the same time pays a considerable value of goods? Some people think that the damage caused by the crime of fraud refers to the rection of the victim's overall property, so the above behavior does not constitute the crime of fraud; Some people think that it is the loss of indivial property of the victim, so the above behavior is still a crime of fraud; Others think that the crime of fraud is a violation of honesty and does not require property damage

The crime of fraud is a crime against indivial property, not against the whole property. The victim spent 30000 yuan to buy 30000 yuan of goods because of fraud. Although the whole property is not damaged, from the perspective of indivial property, if there is no fraud of the perpetrator, the victim will not spend 30000 yuan to buy the goods, and spending 30000 yuan is the damage of indivial property

therefore, the use of fraud means to make others fall into the wrong understanding to defraud property, even if the payment of a considerable value of goods, should also be recognized as fraud

The crime of fraud is not limited to swindling tangible objects, but also includes swindling intangible objects and property interests. According to the relevant provisions of article 2l0 of this law, anyone who uses deception to defraud special VAT invoices or even other invoices that can be used to defraud tax refund or tax dection shall be guilty of fraud

The subject of this crime is a general subject, and any natural person who reaches the age of legal criminal responsibility and has the ability of criminal responsibility can constitute this crime

(4) subjective elements this crime is characterized by direct intention and the purpose of illegal possession of public and private property

extended information:

the boundary between crime and non crime

and the boundary between borrowing and lending behavior

for some reason, if the borrower is in arrears for a long time, or fabricates a lie or conceals the truth to defraud money and property, and cannot repay them when e, as long as there is no purpose of illegal possession, no extravagance, no default, and no longer fraud, It is really intended to repay; There are also those who forge repayment receipt after making IOU and falsely claim to have made repayment, which is still a loan dispute and does not constitute fraud

and the limit of debt evasion e to loss

if it is really a fund-raising business enterprise, but it is still a property debt dispute because of poor management, loss of debt and going out to avoid debt. This is essentially different from the fact that fraudsters run away in the name of raising funds to run enterprises, and then escape to realize their illegal possession

and the crime of fraud

both use deception, the latter may also obtain property interests, which are the same; However, the subjective purpose, the means of crime, the amount of property and the object of infringement are different

the crime of swindling is to swindle all kinds of illegal interests, pretend to be state functionaries and conct swindling activities. It is an act that damages the prestige of state organs, public interests or the legitimate rights and interests of citizens. What it swindles includes not only property (but also work, position, status, honor, etc.), It belongs to the crime of disrupting social management order

when a criminal pretends to be a state functionary to defraud public or private property, it violates property rights and damages the prestige and normal activities of state organs. It belongs to implicated crime, and should be convicted and severely punished according to the main object and harmfulness of the act

if the amount of money defrauded is small, but it seriously damages the prestige of state organs, it should be punished as the crime of fraud; On the contrary, it is defined as the crime of fraud. If it seriously infringes on two kinds of objects, it is generally treated as the crime of fraud according to the principle of one felony; If two kinds of crimes are committed separately and independently, and they are not involved in each other, they should be dealt with according to the principle of combined punishment for several crimes

7. There is no charge for the subscription and redemption of the monetary fund, and the net value of one yuan has always been maintained. Every month, dividends will be automatically transferred to investment shares. Usually one year's income is between 2 and 3, which belongs to current deposit and fixed interest rate.

8. It won't arrive on Monday, t + 2 will arrive on Tuesday, even on Wednesday. It mainly depends on the transfer speed and operation efficiency of the bank. T refers to working days, holidays are not included
in one case, t + 1 may arrive at the account. For the money fund you bought on the fund company's website, the bank to which the card belongs is the trust bank of the fund. It is said that t + 1 can arrive at the account. But I didn't practice it. Others at least t + 2