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Losing money by trading virtual currency

Publish: 2021-04-21 06:10:08
1. 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 and collect evidence, and it is also difficult to carry out arrest operations, 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 reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. 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:
1
2. The fact of the crime should be investigated for criminal responsibility 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) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency
2.

I wanted to buy money to make a profit, but I didn't want the issuing party to become a pyramid selling organization, suspected of breaking the law and committing crimes; All participating funds will be collected. At this time, whether the money can be recovered has become the most concerned problem of the buyer. The crime of organizing and leading pyramid selling activities is established, and the relationship of accomplice is usually established between the upper and lower levels of pyramid selling activities; All the money raised is usually regarded as illegal income. After being cheated into joining, they recommend others to join and get tokens and cash back, and the profits will usually be recovered as illegal income. So if you are cheated into joining an organization, can you recover the "entry fee" you paid

First, recovery does not necessarily mean confiscation, but restitution

Second, the scope of recovery: illegal income within the scope of crime

Third, the calculation of "illegal income"

who returns the money: Calculation of "illegal income"

according to Article 64 of the criminal law, only "illegal income" should be recovered and refunded. Illegal income, literally, refers to the property obtained through illegal activities (including but not limited to crimes). The second provision of the Supreme People's Procuratorate "the regulations on the management of property in criminal cases involving the people's Procuratorate" stipulates that the property involved includes the illegal gains and the fruits of the suspect, the property used for the crime, the prohibited goods illegally held and other property and fruits related to the case. p> According to the above provisions, the crime of illegal income is divided into two categories according to the basis of illegal income:

(1) the illegal income in the crime of obtaining interests; Such as theft, corruption, bribery of stolen goods, property, etc

(2) the crime of operating interest, such as the crime of usury

it can be seen that illegal income not only includes the property obtained through illegal and criminal activities (i.e., original illegal income, profit type), but also includes the possible natural and legal fruits of these properties and the property interests (i.e., derived illegal income, profit type) obtained from the operation of the property. For the former, the activities that generate income are illegal; Income is the object or result of illegal behavior. For the latter, the activities that generate income are legal; Only the principal used to generate income is suspected to be illegal

the above two types of illegal gains are generated in different ways, and their recovery calculation methods are also different. For the illegal income of the crime of obtaining interests, the illegal property itself is the amount of illegal income; As for the illegal income of the crime of business interests, the normal business interests should be dected. For example, in the crime of usury, the illegal income usually refers to the income from interest rate difference, not the total amount of the loan

In terms of norms, the attitude of the law is also very clear: in the reply of the Supreme People's Court on how to determine the "amount of illegal income" in the trial of criminal cases involving the proction and sale of fake and shoddy goods in 1995, it is pointed out that the "amount of illegal income" stipulated in the decision of the Standing Committee of the National People's Congress on punishing the crime of procing and selling fake and shoddy goods refers to the amount of illegal income from the proction and sale of fake and shoddy goods The amount of profit from selling fake and inferior procts. In the literal sense, the "illegal income" here should be dected from the corresponding cost

In judicial practice, it is generally believed that the amount of procts actually purchased is the amount of legitimate business and should be dected; In the case of providing services without actual procts (for example, manpower input in illegal medical practice), the corresponding costs will not be dected

in the crime of organizing and leading pyramid selling activities, there are cases of "Capitation" returning to "online". According to Article 8 of the measures for the determination of illegal income from administrative penalty cases by the administrative department for Instry and Commerce (No. 37 order of the State Administration for Instry and Commerce), the illegal income from pyramid selling activities such as touting and defrauding entry fees shall be calculated according to the total income of the parties concerned

it can be seen that the "tap" paid to the online is not the income of the parties at this level in the MLM organization; It is the income of online, which should be dected and counted into the amount of illegal income of online. After the illegal income collected as online, it should be returned to offline in time according to the above

the above is today's sharing, thanks to the readers

3. Now the problem is that your virtual currency can't be withdrawn on the platform, but the money has arrived
What are the reasons for his inability to consume and withdraw cash? If people don't cheat you, but you make a mistake about the trading rules, then people can't give you the money back
because it's your responsibility, you don't understand the trading rules. So we have to bear the loss ourselves
of course, on the other hand, if it's not your own problem, but the other party's problem, for example, the other party cheated you, then you can negotiate with him and ask him to refund the money< As long as it's your own responsibility, you can't get money back from others, which is unreasonable
because virtual goods are usually non returnable and non exchangeable, and there is no way to return and exchange them in many cases.
4. The loss of virtual currency rise and fall is borne by users themselves, and plain will not bear the corresponding responsibility
virtual currency is still a high-risk and high-yield investment proct in China. Central bank officials in the statement, the public at their own risk premise is now free to trade
the virtual currencies with good performance in the domestic market include Ruitai currency, bitcoin, thousand gold card and other digital currencies
there are risks in investment, so we should be cautious in purchasing currency.
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.

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

7. It's no use,
8. This should not be easy to solve, because the state has strictly prohibited the trading of currency circles, but if there is any loss, it should still call the police.
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