Invalid return of virtual currency in entrusted investment

5.

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

6. If you can't withdraw cash, it's the platform you're playing. Just find a professional to help you get it back

7. Then you've been cheated. Compared with the virtual currency market is QQ currency and some other large websites, or bitcoin, others should pay attention to whether it is a fraud.

8. Domestic trading of virtual currency is not allowed
obviously, you have been cheated

9. Article 6 of the opinions of the Supreme People's Court on the people's court's trial of loan cases stipulates: "the interest rate of private loan can be appropriately higher than the bank's interest rate, and the people's courts of various regions can grasp it according to the actual situation of their own regions, but the maximum interest rate shall not exceed four times of the bank's similar loan interest rate (including the interest rate principal). If it exceeds this limit, the interest of the excess part shall not be protected. " Therefore, if the loan interest rate agreed by the parties is too high, the court can not support the interest rate agreed by the parties, nor can it calculate and pay the interest at one or four times of the same loan interest rate announced by the people's Bank of China for the same period. Instead, the judge exercises the discretion to determine the interest rate in combination with the local economic situation and the people's living standard. However, according to Article 9 of several opinions of the Supreme People's Court on the people's court's trial of loan cases, "in the case of regular interest free loan between citizens, the lender requires the borrower to pay the overe interest, or the irregular interest free loan fails to be paid after being urged; If the lender requests to pay the interest after the demand, it may calculate the interest with reference to the interest rate of the similar loan of the bank. Generally, it is more appropriate for the determined interest rate to be one time higher than the interest rate of the similar loan of the same period announced by the people's Bank of China, but it must not be more than four times. Therefore, in the trial practice, it is not appropriate to regard the excessive interest agreement as usury and not support the interest request of the parties, and to calculate and pay the interest at one or four times of the interest rate of similar loans in the same period announced by the people's Bank of China. Page 1 of 1

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