Misappropriate others' virtual currency

1. 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.

2. Qiu Hui, 27, used the convenience of working in an Internet company to unfreeze the account with virtual currency and sell it at a low price, making huge profits. The reporter learned today that the Beijing Second Intermediate People's Court of final appeal rejected Qiu Hui's appeal and upheld the court of first instance's sentence of four years' imprisonment for the crime of embezzlement
on November 1, 2005, Qiu Hui found that three of the company's online accounts with virtual currency were frozen, so he unfrozen the three accounts and bought all the company's game cards with the virtual currency of 1624 519 karat, worth more than 162000 yuan. Qiu Hui sold the game cards to others at a low price, making a profit of more than 150000 yuan. On June 28, 2006, when Qiu Hui was investigated by the company, he admitted most of the facts of the crime and returned 120000 yuan to the company. The rest of the money was wasted by Qiu Hui
after the trial and judgment of the court of first instance, Qiu Hui refused and appealed to the second intermediate people's court
after hearing, the second people's court held that Qiu Hui, as a manager of the company, took advantage of his position to embezzle the company's money, and the amount was huge. His behavior constituted the crime of embezzlement and should be punished according to law. The judgment of the first instance is correct and should be upheld< br /> http://www.fcx114.com/cxbg/7451.html

3. First, virtual currency, such as bitcoin, or some game and network currencies, such as QB and some game gold coins, are all personal legal property. As long as an indivial legally obtains them, they will be protected
Second, transactions prohibited by the state, especially speculation and trading of the virtual currency are prohibited in China. However, banning trading does not mean that the virtual coin itself is illegal or worthless
for example, bitcoin, which China refuses to recognize as any regional chain block currency, also forbids trading and services, does not mean that bitcoin itself has no value. In the international trading system, bitcoin is recognized in some regions, And there is a corresponding value scale
when someone steals bitcoin or swindles bitcoin, the state will still treat it as theft or fraud, and the amount needs to be approved< At present, the transaction and pricing of virtual currency are prohibited in China, but the value and holding of virtual currency itself are not prohibited. As long as the currency is not defined as illegal, it is legal.
similarly, game currency is also recognized as legal property, but its transaction is prohibited by the state, which does not affect the corresponding legal liability caused by the infringement of virtual currency

4. Anything not prohibited by law can be done
the law does not prohibit the sale of virtual currency, so it can.

5.

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There are three differences between meinian physical examination and hospital physical examination:

1. Medical examination population is different

1. Hospital: a place where patients gather. It is mainly responsible for the examination and diagnosis and treatment of patients and people suspected of having diseases. When they go to the hospital for physical examination, it is difficult to share the examination instruments and equipment with patients, It is inevitable that there will be a potential threat of cross infection e to disease aggregation

2. Meinian: as a health examination institution, the physical examination crowd is mainly healthy / sub-health, compared with the hospital, the health examination equipment is almost not shared with the patients, and the iatrogenic infection is eliminated

Second, the environment and atmosphere are different.

1. Hospitals are built for patients and patients. They are divided according to outpatient service, department and function. During physical examination, they have to go upstairs and downstairs, or even run from one building to another. Nurses are very busy and have no time to guide them. It is too time-consuming for a physical examination

2. Meinian: it is built for the convenience of physical examination customers. It scientifically divides the physical examination areas, implements the separate examination of men and women, implements the efficient one-stop service process, and the design of humanized corridor ensures the smooth passage, and each department and passage has the guidance and diversion of inspection nurses, which greatly saves time and facilitates the physical examination of customers

3. Different service experience

1. Hospital: when you go to the hospital for physical examination, you smell the smell of disinfectant and look at the patients and family members who come and go. Even if you don't get sick, you will feel depressed for a few days when you see the injured people

2. Meinian: it's not because of illness, but to prevent it, nip it in the bud and save the cost of treatment

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6.

Zhongmou, an employee of an Internet technology company in Haidian District of Beijing, took advantage of his position to steal 100 bitcoins from the company by inserting code with the permission of the administrator to modify the application program in the company's server. In March 24th, the procuratorial organ of Beijing city was informed by the people's Procuratorate of Haidian District that the procuratorial organ approved the arrest of the suspect Zhong Mou in accordance with the law on suspicion of illegally obtaining the data of computer information system. p> According to the prosecutor, bitcoin and other "virtual currencies", as a new Internet financial concept, have attracted much attention. The central bank once issued a risk warning on "virtual currency", stressing that China has not issued any virtual currency, nor authorized any institution or company to issue it, let alone a promotion team, At present, "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

7. The following are the relevant filing standards:

1. Embezzling public funds for personal use, with the amount of 5000 yuan to 10000 yuan or more, to carry out illegal activities
2. The amount of misappropriated public funds is between 10000 yuan and 30000 yuan, which belongs to indivials for profit-making activities
3. Misappropriation of public funds is for personal use, and the amount is between 10000 yuan and 30000 yuan, which has not been paid back for more than three months
If any of the three conditions is met, the case can be filed
misappropriation of 35000 yuan is enough for filing a case< According to the criminal law, those who commit this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; The circumstances are serious (the amount of misappropriated public funds is huge, or although the amount is not huge, the means of misappropriating public funds is bad; Those who misappropriate public funds for many times, because misappropriation of public funds seriously affects proction and business operations and causes serious losses, shall be sentenced to fixed-term imprisonment of not less than five years.

8. The crime of misappropriating funds (Article 272 of the criminal law) refers to the act that a person of a company, enterprise or other unit, taking advantage of his position, misappropriates the funds of his own unit for personal use or loans to others, and the amount is relatively large, which has not been paid back for more than three months, or which has not been paid back for more than three months, but the amount is relatively large, which carries out profit-making activities, or carries out illegal activities.

9. Article 384 of the criminal law stipulates that any state functionary who, taking advantage of his position, misappropriates public funds for personal use, carries out illegal activities, misappropriates a relatively large amount of public funds for profit-making activities, or misappropriates a relatively large amount of public funds and fails to return it for more than three months shall be guilty of misappropriation of public funds and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates huge amounts of public funds and refuses to return them shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

10. If an enterprise accountant misappropriates 5.13 million yuan of public funds, he will be sentenced to more than 10 years' imprisonment< However, if it constitutes the crime of misappropriating public funds, many factors such as the purpose of misappropriation, whether to return it or not, and whether to cause losses should be considered in sentencing.
without knowing the specific circumstances of the case, only the amount can not give accurate sentencing suggestions.
Article 384 of the criminal law [crime of misappropriating public funds] State functionaries take advantage of their positions to misappropriate public funds for personal use, Those who engage in illegal activities,
or misappropriate a large amount of public funds or engage in profit-making activities, or misappropriate a large amount of public funds and fail to return them for more than three months, shall be guilty of misappropriation of public funds and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; those who are serious shall be sentenced to fixed-term imprisonment of not less than five years,
those who misappropriate a huge amount of public funds and do not return them, He shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment
those who misappropriate funds and materials for disaster relief, emergency, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given heavier punishment.