Illegal fund raising by virtual currency in Zhuhui District

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

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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

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

extended data:

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

Cheng tycoons use virtual currency to launder money, which is illegal fund-raising. Let's first understand the definition of illegal fund-raising on the Internet. Illegal fund-raising is a kind of criminal activity. It means that an entity or indivial raises funds from the public by issuing stocks, bonds, lottery tickets, investment funds, securities or other debt certificates without the approval of relevant departments in accordance with legal proceres, And promise to repay the principal and interest or give return to the investor in money and other ways within a certain period of time. And in China, it is clearly stipulated that investment in virtual currency is illegal, and the circulation and transaction of virtual currency is explicitly prohibited{ RRRRR}

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

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

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

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

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

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