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Amount of digital currency crime

Publish: 2021-05-19 11:09:40
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.

In China, digital currency is illegal. According to the regulations, financial institutions and non bank payment institutions shall not directly or indirectly provide procts or services such as account opening, registration, trading, clearing and settlement for token issuance financing and "virtual currency"

it is not allowed to underwrite insurance business related to token and "virtual currency" or include token and "virtual currency" in insurance liability. Financial institutions and non bank payment institutions shall report to the relevant departments in a timely manner if they find clues of violation of laws and regulations in token issuance financing transactions

extended information:

since the announcement on preventing the financing risk of token issuance was issued, any so-called token financing trading platform shall not engage in the exchange business between legal tender and token and "virtual currency", and shall not buy or sell tokens or "virtual currency" as a central counter party, It is not allowed to provide pricing, information intermediary and other services for token or "virtual currency"

for the token financing trading platform with illegal problems, the financial management department will request the competent department of telecommunications to close its website platform and mobile app according to law, request the network information department to remove the mobile app from the app store, and request the instrial and commercial administration department to revoke its business license according to law

3.

It is illegal to buy and sell digital currency in China

according to the announcement on preventing the financing risk of token issuance jointly issued by the central bank and other seven ministries and commissions, the announcement points out that any so-called token financing trading platform shall not engage in the exchange business between legal currency and token and "virtual currency", and shall not buy or sell tokens or "virtual currency" as the central counterparties, It is not allowed to provide pricing, information intermediary and other services for token or "virtual currency"

the announcement points out that token issuance financing refers to the so-called "virtual currency" raised from investors through illegal sale and circulation of tokens. In essence, it is an unauthorized illegal public financing behavior, suspected of illegal sale of token tickets, illegal issuance of securities, illegal fund-raising, financial fraud, pyramid schemes and other illegal and criminal activities

extended information:

the central bank said that the so-called "digital currency" in the market is not legal digital currency:

the central bank's monetary Bureau issued a "risk warning on issuing or promoting digital currency in the name of the people's Bank of China" on its official website, saying that recently, indivial enterprises falsely use the name of the central bank, The relevant digital procts are labeled as "authorized issuance by the people's Bank of China", or the central bank's digital currency promotion team is falsely claimed, in an attempt to deceive the public and take the opportunity to make huge profits

the central bank said that the central bank has not issued legal digital currency, nor authorized any institutions and enterprises to issue legal digital currency, and there is no promotion team. At present, the so-called "digital currency" in the market is not legal digital currency. The central bank also suggested that the so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud

in fact, virtual currencies such as bitcoin and lightcoin are representatives of the so-called digital currency. The central bank said in 2016 that it was studying China's legal digital currency. Yao Qian, director of the digital currency Research Institute of the people's Bank of China, previously told the media that the prototype scheme for the central bank to issue legal digital currency has completed two rounds of revision, and is expected to be tested in relatively closed application scenarios such as the bill market in the future, but there is no clear timetable for its launch

4. Generally, the crime of fraud is a solid punishment. Although you have returned the money you defrauded and the other party has written a letter of understanding, it does great harm to the society and can be reced in the term of imprisonment.
5. It's sad that I didn't even know when I committed a crime. Voluntariness is the most unreliable evidence to overturn a case.
6. Large amount of funds will certainly be monitored. After the China Internet Finance Association issued the "tips on preventing the risks of overseas ICO and" virtual currency "transactions", the relevant management departments will clean up, rectify and supervise the domestic ICO behaviors and "virtual currency" trading places
generally, the freezing of bank cards is judicial freezing, and the reasons can be roughly divided into two kinds:
1. If the cardholder violates the law and commits a crime, for example, if he is sued for compensation, he refuses to implement it
2. The cardholder has received a sum of stolen money, which is implicated and frozen
the bank itself has no power to freeze the bank card, so it is passive to implement the court or public security orders. A large number of bank cards in the exchange have been frozen, which may be e to the inflow of stolen money
if the bank card is frozen because it has received the stolen money, the amount confirmed as the stolen money in the card will be directly transferred by the court without going through the bank card itself, and the bank card can only be unfrozen after the case is closed.
7. It's illegal to buy and sell digital currency, because no matter whether it's a good digital currency or a currency in circulation in reality, you can't buy and sell it casually
8. According to the state's latest regulations in 2020, trading does not violate the law, but the profits generated by the transaction do not declare personal income tax, which is tax evasion.
9. Unknown_Error
10. As early as the beginning of last year, someone asked me about paying fees to participate in "digital currency" and said that the other Party promised a high rate of return. My reply is not to participate. Even if digital currency is implemented in the future, corresponding market rules need to be formulated. Now pay (seems to be about 2000 yuan) with the risk of fraud. As a result, the other party didn't join and evaded the loss.
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