Bitcoin trading platform fraud case analysis
Publish: 2021-05-19 06:16:34
1. 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.
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.
2.
The search for bitcoin on the Internet has been going on all the time, and its price has been fluctuating and rising, and has broken through a number of barriers, such as $30000, $40000 and $50000. It has become the most popular investment contract in the virtual currency circle, but e to market volatility, for greater reasons, it will be cleared almost every trading day. The huge amount of money involved makes some investors completely unable to calm down. Of course, for those traders who make profits many times, they will naturally make a lot of money, and their personal wealth will be more and more. Therefore, when investing in virtual currencies (such as bitcoin), when the market fluctuates sharply, there will be some happy and sad phenomena
In addition, although the current price of bitcoin has been rising, there is still a lot of controversy in the market. Many financial institutions take a negative attitude and regard it as a speculative asset rather than a currency because of its lack of practicality. Value support, and at the same time issued a number of warnings. In addition, India is about to implement the ban on cryptocurrency, other countries are not very optimistic about the prospect of virtual cryptocurrency, some criminals use their hidden money laundering crimes, so there are many uncertainties in the future market trend3. 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.
4. blockchain network has made a clear report. The relevant personnel have dealt with it.
5. zero point two one ÷ 150 = 0.0014
each gold coin can be exchanged for 0.0014 yuan
in gold coins × 0.0014 yuan
each gold coin can be exchanged for 0.0014 yuan
in gold coins × 0.0014 yuan
6. Bitcoin is the virtual currency of American Games. At present, the price of a bitcoin is about $650. It's more than 3000 yuan in RMB.
7. CCTV International www.cctv.com May 18, 2006 10:49 source: China consumer daily
the use of water quality electrolysis instrument makes tap water black and green, misleading consumers that there is something wrong with tap water. An electrolytic water scam aimed at promoting water purifiers has become notorious in some cities. According to the investigation, this kind of deception has a tendency to infiltrate into the countryside. Recently, Baoding water supply company of Hebei Province has been receiving consulting calls from rural residents in Gaoyang, Anxin and other counties, asking whether there are problems with tap water. Relevant departments hope to use this newspaper to remind rural consumers to guard against electrolytic water fraud
Instrial and commercial law enforcement officials told reporters that electrolysis of water is a trick of illegal vendors. The water quality electrolysis instrument has two groups of electrodes, each of which is composed of iron rod and aluminum rod. During the experiment, the electrodes are put into tap water and purified water respectively. After being electrified, the tap water begins to mix and change color, while the purified water changes little. At this time, the swindler explained to the audience that these colored substances were "pesticides", "viruses", "heavy metals" and other harmful substances, so as to promote their water purifiers
according to the water quality laboratory staff of the water supply company, the calcium and magnesium plasma in tap water belongs to electrolyte. After the iron rod of electrolysis instrument anode is put into tap water, the iron is electrolyzed to form iron hydroxide (gray), ferrous ion (green), ferric oxide (reddish Brown) and ferric oxide (black); The pure water does not contain conctive calcium and magnesium ions, so it does not change color. If you use mineral water, mineralized water or pure water with a little salt, the water will still change color
in addition, some vendors use TDS instruments to measure tap water and purified water. "TDS" is English, which means total dissolved solids, that is, total salts dissolved in water. Therefore, the level of "TDS" does not represent the quality of water
the reporter learned that e to the market supervision of law enforcement departments and the exposure of the media, the graally infamous electrolyzed water performers in cities have transferred the scam to remote counties and rural areas, mainly explaining it to some old friends and farmers with low ecation level, and using people's health and low discrimination ability to promote their procts Sun Jianjun, Li Jian)
editor: Fu Wei
original link address: http://www.cctv.com/financial/20060518/100822.shtml
the use of water quality electrolysis instrument makes tap water black and green, misleading consumers that there is something wrong with tap water. An electrolytic water scam aimed at promoting water purifiers has become notorious in some cities. According to the investigation, this kind of deception has a tendency to infiltrate into the countryside. Recently, Baoding water supply company of Hebei Province has been receiving consulting calls from rural residents in Gaoyang, Anxin and other counties, asking whether there are problems with tap water. Relevant departments hope to use this newspaper to remind rural consumers to guard against electrolytic water fraud
Instrial and commercial law enforcement officials told reporters that electrolysis of water is a trick of illegal vendors. The water quality electrolysis instrument has two groups of electrodes, each of which is composed of iron rod and aluminum rod. During the experiment, the electrodes are put into tap water and purified water respectively. After being electrified, the tap water begins to mix and change color, while the purified water changes little. At this time, the swindler explained to the audience that these colored substances were "pesticides", "viruses", "heavy metals" and other harmful substances, so as to promote their water purifiers
according to the water quality laboratory staff of the water supply company, the calcium and magnesium plasma in tap water belongs to electrolyte. After the iron rod of electrolysis instrument anode is put into tap water, the iron is electrolyzed to form iron hydroxide (gray), ferrous ion (green), ferric oxide (reddish Brown) and ferric oxide (black); The pure water does not contain conctive calcium and magnesium ions, so it does not change color. If you use mineral water, mineralized water or pure water with a little salt, the water will still change color
in addition, some vendors use TDS instruments to measure tap water and purified water. "TDS" is English, which means total dissolved solids, that is, total salts dissolved in water. Therefore, the level of "TDS" does not represent the quality of water
the reporter learned that e to the market supervision of law enforcement departments and the exposure of the media, the graally infamous electrolyzed water performers in cities have transferred the scam to remote counties and rural areas, mainly explaining it to some old friends and farmers with low ecation level, and using people's health and low discrimination ability to promote their procts Sun Jianjun, Li Jian)
editor: Fu Wei
original link address: http://www.cctv.com/financial/20060518/100822.shtml
8. 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).
9. The crime of fraud refers to the act of defrauding a large amount of public or private property by making up facts or concealing the truth for the purpose of illegal possession 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< 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 in 2011: those who defraud public or private property with a value of more than 3000 yuan to 10000 yuan, 30000 yuan to 100000 yuan or 500000 yuan should be respectively identified as "large amount", "huge amount" and "large amount" as stipulated in Article 266 of the criminal law "The amount is particularly huge.". Here is a clear sentencing standard.
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