Virtual currency crime cases in Jiangsu Province

1. May involve illegal fund-raising and pyramid selling and other related criminal crimes
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.

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.

The 60 kinds of pyramid selling virtual currencies broadcast by CCTV news include MBI, m3, Diablo, Asian currency, star currency, Jinyuan shopping alliance e-currency, Changjiang international virtual currency, qileba, micro TV media e-currency, bonus point currency, virtual gold coin, HGC, COA, LFG, Sri, bismall, ahkcap, CPF, Yifen, K currency, R currency, Baichuan currency, K Bao, Zhongfu Tongbao, Hongtong currency, etc Raines e-money

Global BlackRock No.1, Glasberg, BCI, m, wing, EV, performance, FIS, u, ES, zangbao performance, huiai e-money, jianyipan e-money, subsidy, hftag, Kaixin compound interest, kuailinian virtual currency, Shihua currency, ente currency, CPM, Kara currency and supreme currency

there are at least 65 kinds of "virtual currency" with different names, such as Wuhua union virtual currency, Meisheng e, Zhonghua currency, Mimi virtual currency, FIS, world Yunlian cloud currency, Liwu currency, Vicat currency, mark currency, Shanxin currency, Wuji currency, ATC, IPC, central currency, Wuxing currency, huiai currency and nautical currency

< H2 > extended information:

in the 141 cases of virtual currency pyramid selling found on China's judicial documents, the number of such criminal cases is increasing year by year. In 2014, the court ruled 5 cases, and then increased by multiple, to 62 cases in 2017. According to the judgment documents, among the above-mentioned virtual currency pyramid schemes, "Vicat" has the highest amount of money involved, with a total of 7 billion, and its global membership number is 10770000, with the largest number

in terms of the development scale of MLM organizations in China, "cloud coin" (also known as world UnionPay and world cloud Alliance Network MLM platform) has the largest number of MLM organizations (4391449); Second, the "dark money" pyramid marketing organization has developed more than 3.4 million members

source of reference: phoenix.com - virtual money pyramid scheme: 65 kinds of pyramid schemes cheat 10 million people, over 10 billion

4.

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

5. 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

6. 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

7. 1. "Treasure coin" is accused of pyramid selling fraud
2. In early 2015, the Public Security Bureau of Xuzhou City, Jiangsu Province, investigated and handled a pyramid selling activity organized and led by the dark money company to crack down on the illegal pyramid selling activities of the "dark money" company
3. However, the company's online pyramid selling means have been constantly upgraded and renovated. Recently, the branch of Huai'an Development Zone received a report. After the original website was sealed, the company operated the "ken coin" platform and continued to carry out illegal and criminal activities

there are many more reports about Yanhuang finance and economics. So: please pay attention to prevent the masses, find such network pyramid selling activities, and actively report, so that the public security organs can timely and effectively crack down.

8. It's illegal to steal mines. If there is a large number of mines, someone will take charge of you and sincerely help you,

9.

“ The biggest case in the coin Circle & quot; The second instance of plustoken case is in Jiangsu & middot; Yancheng sentence. The case involved more than 2 million participants, more than 3000 levels of hierarchical relationship, and the total value of digital currency involved exceeded 40 billion yuan

Yancheng intermediate people's Court of Jiangsu Province issued a criminal ruling of second instance, rejecting the appeal and maintaining the original judgment. According to the judgment of the first instance, 14 defendants, including Chen Bo, Ding zanqing and Peng Yixuan, committed the crime of organizing and leading pyramid selling activities, and Chen Tao, who committed the crime of covering up and concealing the crime, was sentenced to two to eleven years' imprisonment and a fine

At the beginning of the 19th century, Yancheng public security organs received a report that some people used plutoken network platform to commit pyramid selling crimes, and Yancheng public security organs put the suspects on file for investigation

under the coordination of the Ministry of public security, the special case police officers went to Vanuatu, Kampuchea, Vietnam, Malaysia and other countries and regions, and successfully arrested 27 suspect suspects who were hiding abroad. Meanwhile, 1 suspect suspects were arrested in the territory. p>

in the past 20 years, the Ministry of public security deployed the national public security organs to arrest all 82 key members suspected of pyramid selling

10.

Since the release of bitcoin, virtual currency has been popular. Because of its concealment, this virtual currency proced by blockchain technology has been accompanied by various money laundering crimes. Therefore, after the virtual currency entered China, the Chinese government directly banned the virtual currency trading, but there are still many people who are still stubborn

because leverage magnifies the risk, a little more volatility will lead to position explosion, which is exactly what these fraud groups hope to happen, because only the money that investors lose is the money that the fraud groups earn behind the so-called blockchain virtual currency trading platform, just like a large number of domestic fraud platforms that speculate on crude oil futures ten years ago