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Longshanghui virtual currency fraud

Publish: 2021-04-13 00:38:09
1.

It is illegal to issue virtual currency privately

According to Article 29 of the regulations of the people's Republic of China on the administration of RMB, no unit or indivial is allowed to print or sell token tickets to replace RMB in circulation on the market

In addition, the "emergency notice of the State Council Office for rectifying unhealthy tendencies in the instry, the State Economic and Trade Commission and the people's Bank of China on prohibiting the issuance and use of various token certificates (cards)" also strictly prohibited similar issues

extended data

virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, q-coin of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), silver grain (used for bixue Qingtian game), and popular digital currencies in 2013 include bitcoin, Laite coin, infinite coin, quark coin, zeta coin, etc Barbecue coins, pennies (Internet), invisible gold bars, red coins, prime coins. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"

market formation

the Internet has led to the emergence of a new market, which is a virtual market based on cyberspace. The Internet provides a lot of communication places for consumers, and also provides business market for enterprises. Enterprises must change from proct centered to service centered to customer centered. With the development of computer artificial intelligence technology and database technology, enterprises can conveniently collect customers' information, understand customers' needs in time, change business strategies and grasp economic arteries in real time

With the rapid development of computer and network communication technology, the application of Internet technology has graally penetrated into various fields of human activities, and the unlimited business opportunities that it contains make businesses turn their eyes to e-commerce. E-commerce is penetrating into all aspects of social and economic life at a speed that people can hardly imagine

the traditional finance is also closely watching this irresistible trend of global economic integration and networking. As a result, value-added services take art as the selling point and can be regarded as commodities; The sword in the game is not a brand-new financial services business philosophy - e-finance came into being

from the historical development process, to understand e-finance, we must start from the electronic finance and e-commerce. The so-called e-financialization means that financial enterprises adopt modern communication, computer, network and other information technology means in addition to Internet technology to improve the work efficiency of traditional financial service business, rece operating costs, realize the automation of financial business processing, informatization of financial enterprise management and scientific decision-making, and provide customers with faster and more convenient services, And then enhance the financial enterprise is the behavior of market competitive advantage

e-finance is a transcendence of financial electronization. Different from the electronic finance, the main technical basis of e-finance operation is the increasingly perfect Internet technology. Due to the characteristics of global connectivity, openness, quickness and low marginal cost of Internet technology, e-finance strengthens the restructuring and innovation of financial services business based on Internet technology, so that customers are free from the restrictions of business hours and places, and enjoy all kinds of high-quality and low-cost services provided by financial enterprises anytime and anywhere

with the development of Internet, the form of money is becoming more virtual, and there is an electronic money that only exists in the form of electronic signal

reference source: Network: virtual currency

2. Virtual currency is not MLM, but virtual fraud under the guise of bitcoin or virtual currency is not uncommon. In fact, they have nothing to do with virtual currency. The virtual currency represented by bitcoin is completely legal in China. In 2013, in the 12.5 bitcoin risk notice, the central bank and other five ministries and commissions clearly defined bitcoin as a special Internet commodity. People can buy and sell bitcoin freely at their own risk, denying its currency attribute. Zhou Xiaochuan, the governor of the central bank, regards bitcoin as a tradable asset like a stamp. The central bank has no right to ban it.
3.

although the management of virtual currency is difficult, it can be regulated and punished according to the banking law, criminal law and other relevant laws and regulations

for example, the people's Bank of China stipulates that financial institutions and Payment institutions are not allowed to handle settlement for virtual currency, so there is no trading market for virtual currency in China. However, although there is no settlement market in China, virtual currency may choose to settle overseas, because virtual currency is attached to the Internet and can settle in any country

and it will be more difficult to manage by building a virtual currency trading platform in a foreign website for people to trade. In China, there are also some third-party payment institutions that secretly provide settlement services for virtual currency, which brings some difficulties to supervision

at present, formal payment and settlement institutions are not allowed to provide settlement channels for virtual currency transactions, but informal institutions may still provide settlement services secretly. Even if the informal institutions are cleaned up, some people may choose to go abroad to carry out similar acts

extended information:

for the supervision of virtual currency, we should focus on preventing any form of virtual currency from replacing the function of RMB and engaging in illegal acts through virtual currency, that is, strengthening the supervision of the function and use of virtual currency. We should focus on whether virtual currency is used as currency, not only from the object form of currency to see whether it belongs to forgery and alteration of RMB

any object exercising monetary function within the territory of the people's Republic of China violates the relevant provisions of the law of the people's Bank of China. The virtual currency in the form of code, as long as it is used as currency, is equivalent to counterfeit currency in nature. It can be supervised and punished according to the law of the people's Bank of China and the criminal law

source of reference: People's Daily - experts in cracking down on virtual currency transactions in many places: key regulatory functions

4.

in order to protect the right of privacy, the specific name will not be released, such as the case of "Wanfu coin of future city" organized and led pyramid selling activities cracked in Xuzhou, and the official name of its leader is Liu Mou Ben

reporters in some "Wan Fu" promotion website and official account, many of the title of Liu, including the president of the global future city group, former vice governor of California, etc., and many pictures of Liu and foreign dignitaries and celebrities. In order to develop more members, Mr. Liu also held a huge investment promotion conference in Bali, Indonesia, Hong Kong and other places, attracting thousands of people from China

Liu also claimed that "Wanfu coin" was approved by the US Securities Regulatory Commission and the China Banking Regulatory Commission and would soon apply for a direct sales license in China. According to police investigation, "Wanfu coin" as a virtual digital currency has no legal basis to apply for direct marketing license in China, which is purely fictitious

according to the relevant person in charge of Xuzhou public security bureau, "Wanfu coin" reflects the new characteristics of the current MLM

1. In the name of virtual currency, virtual currency is a new thing for pyramid selling. At the same time, it is attractive under the banner of e-commerce, personal finance and distance ecation, which is not understood by the general public and easy to be deceived

2. Development members on the Internet are all carried out on the Internet, and members can only join the MLM through the website, and the user names used are pseudonyms or code names, and they all have their own login passwords. They chat with each other mainly through wechat. This has changed the traditional mode of setting up a studio and a newspaper center to organize activities, and increased the concealment of MLM

3. Spread on the Internet

the Internet makes the pyramid selling break through the restrictions of regions and national boundaries. The backbone personnel of pyramid selling often set their headquarters abroad, hide abroad and issue orders. It is difficult to arrest, recover stolen goods and get rid of the roots when funds are transferred abroad

according to the police, there are 100 or 200 kinds of "virtual currency" publicized on the Internet, which is hard to distinguish between true and false. The use of virtual currency for illegal fund-raising, pyramid selling, fraud and other criminal activities are frequent, investors should carefully screen

has the final say:

virtual currency network platform features

1, hype "new concept"

virtual currency network platform has very flexible form, often make only superficial changes, many are just made some concepts, all "game rules" are all platform based, there is a very big black box operation space. p>

2. Advocate "zero risk"

"real zero risk, only make no loss financial project", "China's first FC virtual currency is born, will create countless millionaires again"... The reporter saw that on a flyer page of FC virtual currency, there is such a slogan. A "player" told reporters that other "players" also claimed that in the future, a coin can buy a house

In the case of Yiyang network platform, many participants are over 60 years old, and the oldest is close to 80 years old. They usually spend most of their time at home with their grandchildren. They don't understand the Internet, and they listen to others. The elderly have accumulated a certain amount of wealth, and they don't know much about new things, so it's difficult to identify false propaganda, so it's easy to become the target of these network platforms

5. You can report to the police. If you have suffered money loss, you can report to the police. Whether you can recover depends on whether the police can seize and solve the case. But every citizen has the right to report to the police after being cheated, and you should report to the police so as not to let lawbreakers be arrogant outside.
6. Encrypted virtual currency is legal in China, not a pyramid scheme
Ponzi scheme is a kind of fraulent investment operation. It uses investors' own money to pay investors in return, or new investors' money to pay old investors, rather than the company's own money. When there are not enough new investors to join, the Ponzi scheme will collapse, and the final investors will suffer
virtual currency is a free software project without a central management organization, so no one can make a false statement about the return on investment. Just like other major currencies, such as gold, US dollar, euro and yen, virtual currency can not guarantee purchasing power and exchange rate is free floating. The resulting volatility makes it impossible for virtual currency holders to predict profits or losses
at present, the more well-known virtual currencies are bitcoin, Fuyuan and Laite

however, there are many kinds of money used in pyramid schemes under the guise of virtual currency and bitcoin, such as the token financing scam reported by CCTV, the Vicat and BBT minting pyramid schemes exposed by bitcoin home.
7. Take No.17 at Chashan, No.53 can directly reach the passenger transport center
No.17 line:
Chashan Higher Ecation Park Wenzhou University muzhoulong City College Ehu nanxiang Jin'an village Zhuao Jinzhu village Dongzhuang Yuying experimental middle school Dapeng intersection (a supermarket) - Cihu intersection Nanpu village Nanpu Niushan Dezheng Instrial Zone Shiliting bus passenger transport center Fapai Intersection - Dongyu road - Nantang bridge - Nanpu Sixth District - Nanpu farmers (Friendship Hospital) - Wendi Jinyuan - Huaxia Bank (lower Lupu) - Times Square - HENGDU - Zhongxi hospital - Earl's Villa - Xincheng Station - Radio and Television Center - Tangjiaqiao - bus terminus - Shangjiang - Tangjiaqiao departure station (38 stations)
route 53:
Higher Ecation Park departure station - Medical College - North Campus of Wenzhou University- Vocational and Technical College - Chashan - Higher Ecation Park - Wenzhou University - muzhoulong - goose neck head - City College - Baixiang town - Baixiang village - xianghou - Shangcai Village South - Shangcai Village North - Sanlong intersection - Wenzhou Middle School - laodianhou - Hezhuang - Donglong (Ouhai Sanyi) - yuelelong - Oujiang building - Xinnan railway station - Guangchang railway station - shanglupu LONGYE Garden - Nanpu District 8 -Nanpu agricultural trade (Friendship Hospital) - Nanpu District 6 - Nantang bridge - Fapai intersection - Passenger Transport Center - Niushan North Road - Vehicle Management Office - Xingtong bridge - aoqian - freight market - Wenke Academy (former Wenzhou Agricultural School) - Yongqing Street - Xinqiao middle school - Jinchan Avenue - Sanjia - Qianhua - Xihu village - minhu - Pudong departure station - Pudong (48 stations)
8.

They may report to the public security organ, the people's Procuratorate or the people's court. A report, complaint or report may be made in writing or orally

referring to the 110th section of the criminal procere law of the People's Republic of China, any unit or indivial finds that a criminal fact or criminal suspect has the right and obligation to report to the public security organ, the people's Procuratorate or the people's court. P>

the victim has the right to report to the public security organ, the people's Procuratorate or the people's court for a crime or a criminal suspect who infringes upon his personal or property rights.

public security organs, people's Procuratorates or people's courts should accept reports, charges and reports. If the case is not under its jurisdiction, it shall be transferred to the competent authority for handling, and the reporter, accuser or informant shall be notified; For those who are not under their jurisdiction but must take emergency measures, they shall first take emergency measures and then transfer them to the competent authorities

referring to Article 111 of the criminal procere law of the people's Republic of China, reports, charges and reports can be made in writing or orally. A staff member who accepts an oral report, complaint or report shall make a written record, which shall be signed or sealed by the reporter, accuser or informant after it is read out correctly

the staff members who accept the accusation and report shall explain the legal responsibility of false accusation to the accuser and informer. However, as long as it is not a fabrication of facts or evidence, even if there are differences in the facts of the accusation or report, or even a false accusation, it should be strictly distinguished from a false accusation

public security organs, people's Procuratorates or people's courts should guarantee the safety of reporters, complainants, informers and their close relatives. If a reporter, accuser or informant is unwilling to disclose his name and the act of reporting, accusing or reporting, he shall keep it secret for him< According to Article 112 of the criminal procere law of the people's Republic of China, the people's court, the people's Procuratorate or the public security organ shall promptly review the materials of reporting, accusing, reporting and surrendering according to the scope of jurisdiction, and file a case when they think that there are criminal facts that need to be investigated for criminal responsibility; If it is considered that there is no criminal fact or that the criminal fact is obviously minor and there is no need to investigate the criminal responsibility, the case shall not be filed, and the reasons for not filing the case shall be notified to the accuser. If the accuser refuses to accept the case, he may apply for reconsideration

referring to Article 192 of the criminal law of the people's Republic of China, the crime of fund-raising fraud: those who illegally raise funds by means of fraud for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan

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 not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property

referring to Article 193 of the criminal law of the people's Republic of China, the crime of loan fraud: in any of the following circumstances, whoever swindles a bank or other financial institution for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan

(1) fabricating false reasons for introcing funds or projects; and< (2) using false economic contracts< (3) using false supporting documents< (4) using false property right certificate as guarantee or repeatedly guaranteeing beyond the value of the mortgaged property< (5) defrauding loans by other means

referring to Article 194 of the criminal law of the people's Republic of China, the crime of bill fraud and the crime of financial voucher fraud: those who commit financial bill fraud under one of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan

(1) knowingly using forged or altered bills of exchange, promissory notes or cheques; and< (2) knowingly using invalid bills of exchange, promissory notes and cheques< (3) falsely using another's draft, promissory note or check< (4) issuing a blank check or a check inconsistent with its reserved seal to defraud property< (5) the drawer of a bill of exchange or promissory note issues a bill of exchange or promissory note without financial guarantee, or makes false records at the time of issue to defraud property

those who use forged or altered entrusted collection vouchers, remittance vouchers, bank deposit receipts and other bank settlement vouchers shall be punished in accordance with the provisions of the preceding paragraph

referring to Article 197 of the criminal law of the people's Republic of China, the crime of securities fraud: those who use forged or altered treasury bonds or other securities issued by the state to engage in fraud activities, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan

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 not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property

referring to Article 224 of the criminal law of the people's Republic of China, the crime of leading pyramid selling activities:

in the name of organizing and leading business activities such as selling goods and providing services, the participants are required to pay fees or purchase goods and services to obtain the qualification to join, and form a hierarchy according to a certain order, Whoever, directly or indirectly, takes the number of development personnel as the basis for calculation of remuneration or rebate, lures or coerces participants to continue to develop pyramid selling activities in which others participate, swindles property or disturbs economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined

If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined

referring to Article 1 of the opinions on Several Issues concerning the application of law in handling criminal cases involving pyramid selling activities under the leadership of organizations, this paper discusses the identification of the level and number of pyramid selling organizations

in the name of marketing goods and providing services, participants are required to pay fees or purchase goods and services to obtain the qualification, and form a hierarchy according to a certain order, and directly or indirectly use the number of development personnel as the basis for payment or rebate, so as to ince and coerce participants to continue to develop, others to participate, and defraud property, Pyramid schemes that disrupt economic and social order

the organizers and leaders should be investigated for criminal responsibility if there are more than 30 people participating in pyramid selling activities within the organization and the level is above three. If you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached three or more levels, you can combine the number of people who have developed in each organization

if the organizers and leaders continue to get remuneration or rebate from the original MLM organization after formally leaving the original MLM organization, the level and number of the development personnel of the original MLM organization after leaving the original MLM organization shall be calculated as the level and number of its development

in handling the criminal cases of organizing and leading pyramid selling activities, if it is really impossible to collect the verbal evidence of the participants one by one e to the limitation of objective conditions, it can be combined with the evidence collected and verified according to law, such as the payment, payment, payment and rebate records, audio-visual materials, relationship diagram of pyramid selling personnel, bank account transaction records, Internet electronic data, expert opinions, etc, Comprehensively identify the number of people involved in pyramid selling, the number of levels and other criminal facts

referring to Article 3 of the opinions on Several Issues concerning the application of law in handling criminal cases involving organization and leadership of pyramid selling activities, this paper discusses the identification of "defrauding property"

the organizers and leaders of MLM activities, by fabricating and distorting national policies, fabricating and exaggerating business, investment, service items and profit prospects, concealing the true source of remuneration and rebate or other fraulent means, carry out the acts specified in article 224-1 of the criminal law, and take actions from the fees paid by the personnel participating in the MLM activities or the purchase of goods The illegal profit from the service fee shall be regarded as defrauding property. Whether the participants in pyramid selling activities think that they have been cheated or not does not affect the determination of the property swindled

referring to Article 4 of the opinions on Several Issues concerning the application of law in handling criminal cases involving pyramid selling activities under the leadership of organizations, this paper discusses the determination of "serious circumstances"

the organizers and leaders of MLM organizations that meet the provisions of paragraph 1 of Article 1 of the opinions shall be deemed as "serious circumstances" under the provisions of article 224 of the criminal law if they have one of the following circumstances:

(1) the total number of participants in MLM activities organized and led by the organization is more than 120

(2) collecting directly or indirectly the amount of MLM funds paid by the personnel participating in MLM activities, which has accumulated to more than 2.5 million yuan

(3) having received criminal punishment for organizing or leading pyramid selling activities, or administrative punishment for organizing or leading pyramid selling activities within one year, and having directly or indirectly developed more than 60 people to participate in pyramid selling activities

(4) causing serious consequences such as mental disorder and suicide of the participants in pyramid selling activities

(5) causing other serious consequences or adverse social effects

9. You need to see if his platform funds are supervised by banks
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