Position: Home page » Virtual » Has the virtual currency been sentenced

Has the virtual currency been sentenced

Publish: 2021-04-22 06:24:47
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 (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn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. 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.

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


4. Article 312 of the criminal law [crime of concealing or concealing criminal gains or proceeds of criminal gains] Whoever knowingly conceals, transfers, purchases, sells for others or conceals or conceals by other means the criminal gains or proceeds thereof 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 circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined< If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph< (2017) guiding opinions of the Supreme People's Court on sentencing of common crimes
(XIV) crime of covering up or concealing the proceeds of crime or the proceeds of crime
1. If the crime constitutes a crime of covering up or concealing the proceeds of crime or the proceeds of crime, the starting point of sentencing can be determined within the corresponding range according to the following different circumstances:
(1) if the circumstances of the crime are general, The starting point of sentencing may be determined within the range of fixed-term imprisonment or criminal detention of less than one year< (2) if the circumstances are serious, the starting point of sentencing can be determined within the range of three to four years of fixed-term imprisonment
2. On the basis of the starting point of sentencing, we can increase the amount of penalty according to the amount of crime and other criminal facts that affect the composition of the crime, and determine the benchmark penalty.
5. 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.
6. I can't solve this problem in one or two sentences. If you want to solve your problem, I suggest you go to the relevant books and magazines to analyze the specific problems of combining China's finance with international finance. I would like to say that if RMB becomes the world currency, China will be under greater pressure in the field of international economy and trade. Although China is now the second largest economy, e to a series of problems such as the large population base and the imbalance of domestic regional development and ecation resources, China's economic structure is relatively weak and its elasticity is relatively small, so RMB is stronger, I don't think it will become a world currency~
7. The dressing of jewelry processing is to get a certain probability of gem from 5 parts of ore and destroy the ore at the same time. The following is the probability:

copper ore
required skills: 1
quantitative probability of mineral processing results
copper slag 1 100.0%
Malachite 1 50.0%
Huyan 1 50.0%
shadowstone 1 10.0%

required skills: 50
quantitative probability of mineral processing results
Tin slag 1 100.0%
Green Agate 1-2 35.0%
secondary Moonstone 1-2 35.0%
shadowstone 1-2 35.0%
Topaz 13.5%
jadeite 13.5%
cyanite 13.5%

iron ore
required skills: 125
number of mineral processing results Probability
iron slag 1 100.0%
Topaz 1-2 30.0%
jadeite 1-2 30.0%
secondary Moonstone 1-2 30.0%
cyanite 1 5.0%
Ruby 1 5.0%

mitag ore
required skills: 175
quantitative probability of mineral processing results
mitag slag 1 100.0%
Turquoise 1-2 30.0%
Ruby 1-2 30.0%
Topaz 1-2 30.0%
giant emerald 13.0%
sapphire 13.0%
big cat's eye 13.0%
Azeroth diamond 13.0%

silver ore
skills required: 250
/>Quantitative probability of mineral processing results
silver slag 1 100.0%
Ruby 1-2 30.0%
giant emerald 1-2 15.0%
sapphire 1-2 15.0%
big cat's eye 1-2 15.0%
Azeroth diamond 1-2 15.0%
gold delanite 12.0%
abyssal olivine Olivine 12.0%
flame clinopyroxene 12.0%
shadow Delaunay 12.0%
Blue Moonstone 12.0%
Blood Garnet 12.0%

Magic iron ore
required skills: 275
quantity probability of mineral processing results
Magic iron slag 1 100.0%
huangjinde Lenite 1-215.0%
abyssal olivine 1-215.0%
flame clinopyroxene 1-215.0%
shadow dryenite 1-215.0%
Blue Moonstone 1-215.0%
Blood Garnet 1-215.0%
limonite 11.0%
nighteye 11.0%
garnet Life Ruby 1 1.0%
Elune star 1 1.0%
rare Topaz 1 1 1.0%
high iron olivine 1 1.0%

hard steel ore
required skills: 325
quantitative probability of mineral processing results
hard steel slag 1 100.0%
gold delanite 1-2 20.0%
abyssal olivine 1-2 20.0%
flame clinopyroxene 1-2 20.0%
shadow draenite 1-2 20.0%
Blue Moonstone 1-2 20.0%
Blood Garnet 1-2 20.0%
limonite 12.5%
nighteye 12.5%
raw Life Ruby 12.5%
Elune star 12.5%
rare Topaz 12.5%
high iron olivine 12.5%
8. 1. Detailed introction of PI coin: pchainnetwork (PI) is a new type of native multi chain system, which makes it possible for large-scale instrial application of blockchain smart contract. The main technological innovations of pchainnetwork include: the world's first native multi chain supporting EVM, sharding consensus pipeline, smart contract of smart data, cross chain call and transaction< 2. Statistics of the total amount of PI currency: 2100 million PI
3. The latest opening price of PI currency: 165; 0.026078
4. PI currency market value evaluation:
24h, the highest: &; 026981
24h amount: 2.438 million
24h minimum: 165; 025931
24h: 165; 62902.59
7d was the highest: 165; 026659
the highest in history: 165; 1672
7d was the lowest: 165; 023335
the lowest in history: 165; 0.012983
crowdfunding price: $0.053300
return on Investment: - 93.01%

warm tips:
① the above explanation is for reference only, without any suggestions. The relevant procts are issued and managed by the corresponding platform or company, and our bank does not undertake the responsibilities of investment, cashing and risk management of the procts
② there are risks in entering the market, so investment should be cautious. Before making any investment, you should make sure that you fully understand the nature of the investment and the risks involved in the proct. After a detailed understanding and careful evaluation of the proct, you can judge whether to participate in the transaction

response time: July 14, 2020. Please refer to the official website of Ping An Bank for the latest business changes

[Ping An car owner loan] you can borrow a car, up to 500000

https://b.pingan.com.cn/station/activity/loan/qr-carloan/loantrust.html?source=sa0000632&outerSource=bdzdhhr_ zscd&outerid=ou0000250&cid=bdzdhhr_ zscd&downapp_ id=AM001000065
9. Will bitcoin be sentenced for Internet fraud? Suspected of Internet fraud, no matter where, you will be punished by law. Don't be clever. The French Open is wide open and careless. You'd better turn yourself in.
Hot content
Inn digger Publish: 2021-05-29 20:04:36 Views: 341
Purchase of virtual currency in trust contract dispute Publish: 2021-05-29 20:04:33 Views: 942
Blockchain trust machine Publish: 2021-05-29 20:04:26 Views: 720
Brief introduction of ant mine Publish: 2021-05-29 20:04:25 Views: 848
Will digital currency open in November Publish: 2021-05-29 19:56:16 Views: 861
Global digital currency asset exchange Publish: 2021-05-29 19:54:29 Views: 603
Mining chip machine S11 Publish: 2021-05-29 19:54:26 Views: 945
Ethereum algorithm Sha3 Publish: 2021-05-29 19:52:40 Views: 643
Talking about blockchain is not reliable Publish: 2021-05-29 19:52:26 Views: 754
Mining machine node query Publish: 2021-05-29 19:36:37 Views: 750