Sentencing cases of cross border virtual currency fraud

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 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

According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:

1

The criminal responsibility should be investigated 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) exemption from punishment by special amnesty

(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn

(5) the defendant has died

(6) other laws and regulations provide for exemption from criminal responsibility

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. If the amount of fraud reaches the standard of the crime of fraud, it is a criminal case
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, the standard of "large amount" (i.e. filing standard) is to defraud public and private property worth 3000 yuan to 10000 yuan or more. The specific amount of the starting point of punishment is more clearly stipulated in various localities.

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. The following is the video link of token pyramid scheme reported by CCTV 2: http://tv.cntv.cn/video/C11350/

nowadays, pyramid schemes under the guise of virtual currency are rampant. According to the information obtained by China volunteer alliance against pyramid schemes, Baichuan currency is closely related to SMI, MBI, mark currency, dark black currency, mmm, Fuda compound interest financing, carat currency, petroleum currency, Huaqiang currency, etc CB aiib Hong Kong Group, coin Sheng, WorldCom yuan, u-coin, Jubao, 21st century fox, Wanxi financial management, BBT (now renamed Morgan coin after repeated exposure by the media) are all illegal pyramid schemes under the guise of virtual currency.

7. 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.

8. 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. According to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of fraud cases 1. According to the provisions of articles 151 and 152 of the criminal law, those who defraud a large amount of public or private property constitute the crime of fraud. If an indivial swindles public or private property more than 2000 yuan, it belongs to "large amount"; If an indivial swindles public or private property for more than 30000 yuan, it belongs to "huge amount".

9. Personal settlement of foreign exchange refers to that under the premise of meeting the regulations of the State Administration of foreign exchange, you sell the foreign currency funds you hold to commercial banks, and the commercial banks handle the service of converting foreign currency into RMB for you according to the current price
indivial foreign exchange settlement business must be handled through the designated bank outlets<

indivial settlement of foreign exchange of domestic residents
· no matter in cash or in cash, if the amount of one-time settlement of foreign exchange of indivial residents is less than the equivalent of 10000 US dollars (including 10000 US dollars), it can be handled with my real identity certificate
· if the amount of one-time settlement of foreign exchange of indivial residents is more than the equivalent of 10000 US dollars and less than 50000 US dollars (including 50000 US dollars), If the amount of one-time settlement of foreign exchange is more than US $50000, the indivial resident shall apply to the local foreign exchange administration department with the above materials. After the local foreign exchange administration department verifies the authenticity, the indivial resident shall go to the bank with the approval document of the local foreign exchange administration department<

settlement of foreign exchange by non resident indivials:

· settlement of foreign exchange by non resident indivials from foreign exchange accounts (including cash accounts and cash accounts)
settlement of foreign exchange by each person less than the equivalent of US $10000 each time shall be directly handled in the bank
if the accumulated amount of foreign exchange settlement by each person exceeds the equivalent of US $50000 each month, the application shall be submitted to the local foreign exchange bureau, After verification and confirmation of compliance purposes by safe (compliance purposes include personal use for trade settlement, purchase of real estate, purchase of bulk consumer rables such as automobiles, etc.), you should provide your true identity certificate to the bank or safe. Explain the purpose of foreign exchange settlement to the bank and fill in the statement of foreign exchange income and expenditure of non resident indivials. The bank shall carefully check the contents filled in by the non resident indivials with the materials provided by the non resident indivials

· for the settlement of foreign exchange by the non resident indivials with foreign currency cash
each settlement of foreign exchange is equivalent to less than US $5000, it shall be handled with the true identity certificate of the non resident indivials
each settlement of foreign exchange is equivalent to more than US $5000, it shall be handled with the true identity certificate of the non resident indivials The original of the entry declaration form or the original of the foreign currency cash withdrawal document of the original bank shall be handled (the bank shall keep the ). The bank shall mark the amount of foreign exchange settlement, the date of foreign exchange settlement and the name of the settlement bank on the original of its own entry declaration form and the original of the bank's foreign currency cash withdrawal document, and return them to non resident indivials for retention
the bank should be truthfully explained the purpose of foreign exchange settlement and fill in the non resident indivial foreign exchange income and expenditure statement. The bank shall carefully check the contents filled in by non resident indivials with the materials provided by non resident indivials.