The stolen money bought virtual currency
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 (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn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
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 usuryit 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 dectedin 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
According to the report, the roller coaster price fluctuation of bitcoin is unpredictable. It reached an all-time high of $20000 in December last year, and then fell to $10000 within one month
According to a new research report released by
Research Institute canaccord genesis, the historical price of bitcoin shows that after several months of integration, the price of bitcoin will continue to rise rapidly for several weeks
In fact, bitcoin is not the only one. Ethereum, the second largest digital currency, has risen by 56% in two weeks after falling to a low of $565 on February 6With the rapid popularization of mobile payment, people have endless reverie about "cashless society". China is the most widely used country in the world, and also one of the countries closest to "cashless payment". However, only relying on mobile payment can not meet the reform requirements of the digital financial era, so the concept of "digital currency" with a deeper focus came into being
it is understood that in the future, the central bank will not directly issue digital currency to the public, but adopt a two-tier operation system. The central bank will first convert the digital currency to banks or other operating institutions, and then these institutions will convert it to the public. The central bank's legal digital currency will be pilot in some scenarios in the early stage, and then further promoted after it is more mature, For the sake of safety, the pilot exit mechanism will be well designed strong>
1. The impact on financial accounting is as follows:
1. The impact on the source of accounting information: most of the traditional accounting information comes from structural data, and structural data can be analyzed, used, or even directly adopted, More non structural data, which also has a certain impact on the source of accounting information
2. The impact on asset measurement: because big data has more and more effects in the accounting instry and is graally widely used, we have to consider the impact of big data on asset measurement
3. The management function of financial management personnel has changed: the original function basically locates financial personnel in the work of collecting documents, customizing vouchers, checking, closing accounts, reporting, archiving, etc. in the era of big data, financial personnel are faced with not only financial information and financial documents, but more massive business information, how to collect information, how to collect documents, how to manage documents, how to manage documents, how to manage documents, and how to manage documents Analyzing information, putting useful information in reasonable resources, realizing valuable financial data through efficient financial management process, and allocating resources in the growing field is one of the embodiment of financial personnel's function transformation< Second, the impact on Management Accounting:
1. The impact on the determination of the initial cost and the subsequent cost measurement: the unified cost recognition and cost measurement, whose recognition and measurement information comes from within the enterprise, but in the era of big data, it will make some changes in these information, and the demand of these internal information for the enterprise is not enough, External information can provide a more complete decision-making basis for enterprises. From the macro perspective, external information provides instry background information, instry position, competitor information and competitive pricing strategy, instry supply chain structure and change trend, etc
2. It provides favorable accounting data support for decision-making and planning: whether it is the short-term business objectives or long-term business objectives of enterprises, whether it is the short-term strategy or the medium and long-term strategy, without massive data as support, it is impossible to make comprehensive and accurate decisions, especially in the era of more and more data-based, the analysis and mining of big data, It is particularly important
3. It provides accurate data help for control and Evaluation Management: in the era of big data, e to the storage, analysis and mining of data, the internal correlation between unstructured data and structured data can be revealed. Finding and using this internal correlation can provide accurate data help for determining control and evaluation management.