Bitcoin fraud cases can be recovered
Publish: 2021-05-15 15:40:55
1. A number of victims of virtual currency fraud cases distributed all over the country said that they were refused to file a case when reporting to the local police because virtual currency could not be valued and could not reach the starting loss amount of theft or fraud. This situation may be affected by the announcement on preventing the financing risk of token issuance issued by seven ministries and commissions on September 4, 2017 (hereinafter referred to as the announcement). Generally speaking, fraud and other crimes of infringing property rights have the starting point of "large amount" 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, indivials who defraud public or private property of more than 2000 yuan belong to "large amount". However, the announcement clearly pointed out that "any so-called token financing trading platform shall not provide pricing, information intermediary and other services for token or virtual currency." Therefore, it is difficult for the public security organs to recognize the price of virtual currency displayed on the trading platform, and to estimate the value of virtual currency when the victims encounter virtual currency fraud, so as to determine whether the case meets the filing standard.
2. If the platform runs away, the possibility of getting it back is very small. For example, GBL runs the road. Although people are caught, they can't get the money back. In the recent mycoin pyramid scheme, it's hard to get the money back. At the beginning of last year, Mentougou announced that it had stolen more than 800000 coins, applied for bankruptcy protection, and finally found 200000. Although it claimed that it wanted to sell off its property to repay the loss of users, it was seriously insolvent. What if it wanted to repay the loss of customers? Even if we can get the compensation, it is a small part. So far, we haven't received the news that the customer has received the compensation.
3. bitcoin is a new form of currency. What I'm talking about is brand new. It first came out in 2009. Basically, it allows currency transactions to take place at no cost, without going through a bank, and you don't even have to prove your identity. For the first time in history, there is absolutely no middleman involved in the form of currency transactions
unlike many payment methods, encrypted transfer cannot be cancelled. If you have transferred your bitcoin to someone else's account, it is impossible to recover it
when you transfer money to someone in traditional currency, the bank has recorded the transfer and can charge the exact amount to your account if they know it. Cryptocurrency works differently. When you buy cryptocurrency, you will get a specific code, and when you transmit this code, you will not be able to track the transaction. The only way to get a refund is for the company to decide to give you a refund. The refund they give you is not the initial cryptocurrency you give them, but the cash they will give you at the same value as the cryptocurrency you lost< At the same time, the next step is to report the actual situation to the relevant financial department. If you have confirmed that you have been cheated, and there is no reason why they did not return your money or allow you to withdraw money from your account, you should report their fraud
if you lose bitcoin for Internet fraud or theft, please follow the detailed steps below
if you lose your bitcoin e to Internet fraud or your bitcoin is stolen, you should first keep calm and relax. In this case, you should immediately visit the investigation and recovery company for binary options, cryptocurrency and Internet fraud, consult a free consultant and report such crimes to get your bitcoin back.
unlike many payment methods, encrypted transfer cannot be cancelled. If you have transferred your bitcoin to someone else's account, it is impossible to recover it
when you transfer money to someone in traditional currency, the bank has recorded the transfer and can charge the exact amount to your account if they know it. Cryptocurrency works differently. When you buy cryptocurrency, you will get a specific code, and when you transmit this code, you will not be able to track the transaction. The only way to get a refund is for the company to decide to give you a refund. The refund they give you is not the initial cryptocurrency you give them, but the cash they will give you at the same value as the cryptocurrency you lost< At the same time, the next step is to report the actual situation to the relevant financial department. If you have confirmed that you have been cheated, and there is no reason why they did not return your money or allow you to withdraw money from your account, you should report their fraud
if you lose bitcoin for Internet fraud or theft, please follow the detailed steps below
if you lose your bitcoin e to Internet fraud or your bitcoin is stolen, you should first keep calm and relax. In this case, you should immediately visit the investigation and recovery company for binary options, cryptocurrency and Internet fraud, consult a free consultant and report such crimes to get your bitcoin back.
4. It's hard to say. Generally, they can't get the money back, because the money has been piled up or hidden by them. It's hard to get it back, but it's possible to get a small part back
it is suggested that we should be vigilant in the future to prevent being cheated again.
it is suggested that we should be vigilant in the future to prevent being cheated again.
5. Because bitcoin is legal in China, the central bank defines it as a special Internet commodity. Zhou Xiaochuan, the governor of the central bank, believes that bitcoin, like stamps, is a tradable asset. Bitcoin home has a full text interpretation. If the dispute caused by the station closing does not involve fraud or cannot be proved to be fraud, it can be solved through negotiation, and the victim's fund can be returned and the corresponding compensation can be made. If there is evidence to show that this is indeed fraud, the consequences will be serious. If the amount is especially huge or 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 be sentenced to confiscation of property More than 500000 is a huge amount.
6. By reloading the system, this bitcoin blackmail software can be fundamentally removed
a new form of rogue software CTB locker uses despicable means to send infected e-mail to the victim. Only when the victim opens it, the ward will invade the victim's personal computer and encrypt the victim's specific files (JPEG image is a popular target). If the victim wants to retrieve the files, he must pay a ransom in bitcoin. A user paid a ransom of three bitcoins in four days, about $700 (market value on Friday)
the email messages they send are usually hot topics, such as: what is bitcoin? Some of the victims were cheated by curiosity. At present, some users have been affected. This is part of the content intercepted on bitcoin home.
a new form of rogue software CTB locker uses despicable means to send infected e-mail to the victim. Only when the victim opens it, the ward will invade the victim's personal computer and encrypt the victim's specific files (JPEG image is a popular target). If the victim wants to retrieve the files, he must pay a ransom in bitcoin. A user paid a ransom of three bitcoins in four days, about $700 (market value on Friday)
the email messages they send are usually hot topics, such as: what is bitcoin? Some of the victims were cheated by curiosity. At present, some users have been affected. This is part of the content intercepted on bitcoin home.
7. 1. Possible scope of infringement
the patent law stipulates that the scope of protection of a patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the content of the claim
the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of patent infringement disputes stipulates that the people's court shall examine all the technical features recorded in the claims claimed by the obligee when deciding whether the infringed technical solution falls within the scope of patent protection, The people's court shall determine that it falls within the scope of patent protection; If, compared with all the technical features recorded in the claims, the technical features of the sued infringing technical scheme lack more than one of the technical features recorded in the claims, or more than one of the technical features are not the same or the same, the people's court shall determine that it does not fall into the scope of protection of the patent right
it can be seen from the above provisions that if a proct is identified as infringement in the patent document, it must cover all the technical features recorded in the claim. Therefore, in order to obtain a larger scope of protection, the less content in the claim, the better, that is, do not add unnecessary content
the innovation of blockchain is usually associated with multiple executors, which is a systematic scheme that needs the cooperation of all parties. For example, if the data publishing node, blockchain network, authorization node, etc. are combined in a claim, it will be found that when the patentee wants to sue an executor for infringement, the party does not cover all the contents of the claim (at least not other executors), which leads to that although the party uses the innovative idea of the patent, it does not infringe. Therefore, in a claim, it is better to write the scope of protection around an executor< According to the patent law, except as otherwise provided in this law, no entity or indivial may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented procts, or use its patented methods, or use, sell or import its patented procts for proction and business purposes Promise to sell, sell and import the procts directly obtained according to the patented method
here we should pay attention to "for the purpose of proction and operation", that is to say, not for the purpose of implementation, no infringement. Therefore, when writing the claims, we should also consider who the potential infringement objects are, and the content of the patent right should limit them as far as possible, instead of including unnecessary objects (such as the devices used by the end consumers).
the patent law stipulates that the scope of protection of a patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the content of the claim
the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of patent infringement disputes stipulates that the people's court shall examine all the technical features recorded in the claims claimed by the obligee when deciding whether the infringed technical solution falls within the scope of patent protection, The people's court shall determine that it falls within the scope of patent protection; If, compared with all the technical features recorded in the claims, the technical features of the sued infringing technical scheme lack more than one of the technical features recorded in the claims, or more than one of the technical features are not the same or the same, the people's court shall determine that it does not fall into the scope of protection of the patent right
it can be seen from the above provisions that if a proct is identified as infringement in the patent document, it must cover all the technical features recorded in the claim. Therefore, in order to obtain a larger scope of protection, the less content in the claim, the better, that is, do not add unnecessary content
the innovation of blockchain is usually associated with multiple executors, which is a systematic scheme that needs the cooperation of all parties. For example, if the data publishing node, blockchain network, authorization node, etc. are combined in a claim, it will be found that when the patentee wants to sue an executor for infringement, the party does not cover all the contents of the claim (at least not other executors), which leads to that although the party uses the innovative idea of the patent, it does not infringe. Therefore, in a claim, it is better to write the scope of protection around an executor< According to the patent law, except as otherwise provided in this law, no entity or indivial may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented procts, or use its patented methods, or use, sell or import its patented procts for proction and business purposes Promise to sell, sell and import the procts directly obtained according to the patented method
here we should pay attention to "for the purpose of proction and operation", that is to say, not for the purpose of implementation, no infringement. Therefore, when writing the claims, we should also consider who the potential infringement objects are, and the content of the patent right should limit them as far as possible, instead of including unnecessary objects (such as the devices used by the end consumers).
8. Public Security said that it is not protected by law and will not be accepted
9. It is recommended to handle the alarm
if the amount of fraud is more than 3000 yuan or more than 5000 pieces of fraud information is sent, the public security organ shall put on file for investigation and investigate the legal responsibility of the perpetrator< According to Article 266 of the criminal law, 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 be fined or have his property confiscated. Where there are other provisions in this law, such provisions shall prevail< Article 1 of 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 stipulates that those who defraud public or private property with a value of more than 3000 yuan to 10000 yuan, 30000 yuan to 100000 yuan, and 500000 yuan should be recognized as "large amount", "huge amount" and "large amount" respectively as stipulated in Article 266 of the criminal law "The amount is particularly huge."<
legal basis:
Article 266 of the criminal law of the people's Republic of China
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< br />
how to report network fraud
the criminal cases of network fraud belong to the cases under the jurisdiction of the public security organs, and should be reported to the public security organs as soon as possible after encountering network fraud. Due to the network fraud is not fixed, the identity of criminals, location uncertainty, strong secrecy and camouflage, many people are at a loss after suffering from network fraud, do not know how to deal with it. If you encounter network fraud, you should keep the relevant information in time, because network fraud is an illegal and criminal activity of fraud through the Internet. Network information has strong tamperability and irrecoverability after being destroyed. If it is deleted or destroyed, it is extremely unfavorable to the detection of the case, It may even cause the public security department unable to file a case because of insufficient information; The second is to report the loss of the accounts related to fraud in your name as soon as possible to prevent fraud and rece losses; Finally, call the police immediately, state the details of being cheated to the public security organ as detailed as possible, and provide the relevant evidence to the public security organ to cooperate with the public security department in the investigation of the case
legal basis:
109th
criminal suspect or criminal suspect should be investigated in accordance with the jurisdiction.
< 110th
of criminal procere law. Any unit or indivial finds that a criminal fact or suspect has the right and obligation to report to the public security organ, the people's Procuratorate or the people's court. br />
how much can wechat transfer be put on file
if you accidentally transfer the wechat transfer to the wrong person and the other party receives the money but does not return it, or even delete friends and pull black, can you go to the court to sue
there is no amount standard for filing a civil economic case. As long as the legitimate rights and interests of the parties are infringed, the parties have the right to settle the dispute through civil litigation
the right of action is the basic right of citizens. Whether it is a case of 1 yuan or a case of 1 million yuan, citizens can sue as long as they think they have violated their rights, and the court should accept it
the lawyer reminds us that using wechat payment as a platform to transfer money must not be easy. We should carefully check the name of the payee to avoid the trouble of recovery after transferring the wrong account. In addition, whether it is a third-party payment or a bank transfer, as long as the amount is large, it is best to use the delayed arrival method instead of real-time arrival. In this way, once the wrong transfer is found, it is possible to notify the interceptor<
legal basis:
Article 3 of the civil procere law
the provisions of this Law shall apply to the acceptance by the people's Court of civil lawsuits brought by citizens, legal persons, other organizations and between them e to property relations and personal relations.
if the amount of fraud is more than 3000 yuan or more than 5000 pieces of fraud information is sent, the public security organ shall put on file for investigation and investigate the legal responsibility of the perpetrator< According to Article 266 of the criminal law, 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 be fined or have his property confiscated. Where there are other provisions in this law, such provisions shall prevail< Article 1 of 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 stipulates that those who defraud public or private property with a value of more than 3000 yuan to 10000 yuan, 30000 yuan to 100000 yuan, and 500000 yuan should be recognized as "large amount", "huge amount" and "large amount" respectively as stipulated in Article 266 of the criminal law "The amount is particularly huge."<
legal basis:
Article 266 of the criminal law of the people's Republic of China
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< br />
how to report network fraud
the criminal cases of network fraud belong to the cases under the jurisdiction of the public security organs, and should be reported to the public security organs as soon as possible after encountering network fraud. Due to the network fraud is not fixed, the identity of criminals, location uncertainty, strong secrecy and camouflage, many people are at a loss after suffering from network fraud, do not know how to deal with it. If you encounter network fraud, you should keep the relevant information in time, because network fraud is an illegal and criminal activity of fraud through the Internet. Network information has strong tamperability and irrecoverability after being destroyed. If it is deleted or destroyed, it is extremely unfavorable to the detection of the case, It may even cause the public security department unable to file a case because of insufficient information; The second is to report the loss of the accounts related to fraud in your name as soon as possible to prevent fraud and rece losses; Finally, call the police immediately, state the details of being cheated to the public security organ as detailed as possible, and provide the relevant evidence to the public security organ to cooperate with the public security department in the investigation of the case
legal basis:
109th
criminal suspect or criminal suspect should be investigated in accordance with the jurisdiction.
< 110th
of criminal procere law. Any unit or indivial finds that a criminal fact or suspect has the right and obligation to report to the public security organ, the people's Procuratorate or the people's court. br />
how much can wechat transfer be put on file
if you accidentally transfer the wechat transfer to the wrong person and the other party receives the money but does not return it, or even delete friends and pull black, can you go to the court to sue
there is no amount standard for filing a civil economic case. As long as the legitimate rights and interests of the parties are infringed, the parties have the right to settle the dispute through civil litigation
the right of action is the basic right of citizens. Whether it is a case of 1 yuan or a case of 1 million yuan, citizens can sue as long as they think they have violated their rights, and the court should accept it
the lawyer reminds us that using wechat payment as a platform to transfer money must not be easy. We should carefully check the name of the payee to avoid the trouble of recovery after transferring the wrong account. In addition, whether it is a third-party payment or a bank transfer, as long as the amount is large, it is best to use the delayed arrival method instead of real-time arrival. In this way, once the wrong transfer is found, it is possible to notify the interceptor<
legal basis:
Article 3 of the civil procere law
the provisions of this Law shall apply to the acceptance by the people's Court of civil lawsuits brought by citizens, legal persons, other organizations and between them e to property relations and personal relations.
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