How to sentence for fraud of virtual currency

1. 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.

2.

Virtual currency fraud calls 110 directly

many departments, such as the China Banking and Insurance Regulatory Commission, the central office of information technology, the Ministry of public security and so on, issued risk tips, saying that some criminals, under the banner of "financial innovation" and "blockchain", absorbed funds by issuing the so-called "virtual currency", "virtual assets" and "digital assets", thus infringing the legitimate rights and interests of the public

this kind of activity is not really based on blockchain technology, but on the hype of blockchain concept, illegal fund-raising, pyramid selling and fraud. In essence, it is a Ponzi scheme of "repaying the old by borrowing the new", which is difficult to maintain the long-term operation of funds

the public should treat the blockchain rationally, not blindly believe the promises, establish a correct monetary concept and investment concept, and effectively improve the risk awareness. Report to the public security organ in time after being cheated

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the first is the obvious networking and cross-border of virtual currency. Relying on the Internet and chat tools for transactions, and using online payment tools to balance funds, the risks spread widely and spread quickly. Some lawless elements set up websites by renting overseas servers to carry out activities for domestic residents and control illegal activities remotely

some indivials claim that they have obtained the investment quota of overseas high-quality blockchain projects in the chat tool group and can invest on their behalf, which is most likely fraud. Most of these illegal funds flow overseas, which makes it very difficult to supervise and trace

followed by deception, temptation and concealment. They use hot concepts to hype, fabricate various "tall and tall" theories, and some also use celebrity "big V" platforms to publicize. They use airdrop "candy" as temptation to claim that "currency value only rises but not falls", "investment cycle is short, income is high, and risk is low", which has strong bewitching

in practice, criminals illegally make huge profits by manipulating the price trend of the so-called virtual currency, setting profit and withdrawal threshold. In addition, some criminals also issue tokens under the guise of ICO, IFO, IEO, etc., or hype virtual currency in the way of IMO under the banner of sharing economy, which has strong concealment and confusion

finally, there are many kinds of illegal risks in this kind of behavior. Through public publicity, the illegal elements attract the public to invest funds, lure investors and development personnel to join, and constantly expand the fund pool with the t of currency appreciation and development offline profits, which has the characteristics of illegal fund-raising, pyramid selling, fraud and other illegal acts

3. 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.

4. 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.

5. 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.

6.

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

7. 1. If a large amount of money is defrauded by fabricating facts and concealing the truth, it is suspected of fraud< br />2、 Article 266 of the criminal law stipulates that whoever swindles a large amount of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined a huge amount, or if there are other serious circumstances, be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and if the amount of the fine is especially huge, or if there are other especially serious circumstances, be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or fined Confiscation of property< Where there are other provisions in this law, such provisions shall prevail.

8.

As long as it is not suspected of network fraud (including pyramid selling), the publicity of the fund plate is consistent with the actual results, and does not cause damage to other people's property, it does not constitute network fraud

the so-called network fraud refers to the use of the Internet for the purpose of illegal possession to defraud a large amount of public and private property by making up facts or concealing the truth. According to the newly released Tencent's 2017 white paper on pyramid selling situation awareness, in recent years, pyramid selling has become increasingly fierce in terms of the time distribution of the emergence of pyramid selling organizations. In addition to the domestic financial pyramid selling organizations, all kinds of overseas funds, virtual currency and ICO projects are also mixed up, and many organizations are under the guise of innovation with high returns, It contains many risks such as illegal issuance, false projects, cross-border money laundering, fraud, pyramid schemes and so on

The crime of fraud is objectively manifested as the use of fraud to defraud a large amount of public and private property. In the form of fraud, 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. Therefore, whether it's fiction or concealment of facts, as long as it has the above content, it's a kind of fraud. If the content of fraud does not make them dispose of their property, it is not the fraud of fraud

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punishment for the crime of fraud:

1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined

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 especially huge or if 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 be sentenced to confiscation of property

according to Article 1 of 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 (implemented on April 8, 2011), those who defraud public or private property with a value of more than 3000 yuan to 10000 yuan, 30000 yuan to more than 100000 yuan, and 500000 yuan shall be recognized as & quot; in Article 266 of the criminal law; The amount is large& quot; The amount is huge& quot; The amount is particularly large

9.

1. If a large amount of money is defrauded by fabricating facts and concealing the truth, it is suspected of fraud

2、 Article 266 of the criminal law stipulates that whoever swindles a large amount of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined a huge amount, or if there are other serious circumstances, be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and if the amount of the fine is especially huge, or if there are other especially serious circumstances, be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or fined Confiscation of property

If there are other provisions in this law, such provisions shall prevail

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common tactics of capital market

summarize the profit model of capital market, which is basically the following two points

1, big investment for small income

whether it is daily income of 1%, 1.5%, or monthly income of 10%, 30%, investors must first invest 100%, After the investment, whether we can really get the cash of the company's profits, we have to wait for no result. When it's time, win the bet; Wait for no, call every day should not. However, historical experience has repeatedly proved that it will be sooner or later before the total investment of the capital plate is gone

2. The long-term investment will lead to high return, that is, static return, rolling capital, investing a sum of money, waiting for 12-18 months, or even two to three years, and the return will be ten to dozens of times. It sounds tempting, but it takes one to three years for a dream to come true. In these 365-1095 days, every moment may come with bad luck. No one's insured. It's just a heartbeat. However, a few people who use the opening fund as t have made money, but most people's dream of making money has brought nothing back