A case of virtual currency fraud

Publish: 2021-04-16 03:39:25

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.

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:

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(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn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

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 it was a fraud case last year, it should have been solved.

6. 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.

7. For example, the game currency used in online games, in fact, is recharged with real currency, or the game reward (game equipment or level) you get for spending a lot of time and energy in the game. In a sense, it condenses your labor and forms the income of labor, so when others violate your virtual currency in the game, That is, it constitutes a crime
in the form of game fraud, game account theft, etc

8. It should

9. If the online virtual game currency swindles 4000 yuan, it is suspected of fraud and shall be sentenced to fixed-term imprisonment of not more than three years< 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, which came into effect on April 8, 2011, those who defraud public or private property with a value of 3000 yuan to 10000 yuan or more, 30000 yuan to 100000 yuan or more, and 500000 yuan or more will be punished, It should be respectively identified as "large amount" and "huge amount" and "especially huge amount" stipulated in Article 266 of the criminal law< Article 266 of the criminal law stipulates that whoever swindles public or private property, if the amount is relatively large, 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 if 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 have his property confiscated. Where there are other provisions in this law, such provisions shall prevail.

10.

4 12, from the Shapingba branch of Chongqing Public Security Bureau, the Bureau recently cracked a large telecommunications fraud case supervised by the Ministry of public security and arrested more than 70 suspect. Preliminary verification showed that there were more than 2000 victims in the case, involving over 10 million yuan

after nearly half a year's investigation, the task force has found out the whole group's structure. A large telecommunications fraud group covering more than ten provinces and cities and involving more than 70 suspect has emerged. More than 20 arrest teams were sent to Beijing, Shaanxi, Hubei, Sichuan, Hainan, Zhejiang, Fujian and other places, and more than 70 suspects were arrested. More than 500 non real name telephone cards, more than 100 bank cards, more than 100 mobile phones, more than 20 computers and 5 sets of fake base station equipment were seized

at present, more than 50 suspect have been approved to arrest. The case is still under further processing. p>

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A case of virtual currency fraud

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