Will profit from digital money pyramid scheme go to jail

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.

We need to call the police. This belongs to currency fraud. We can't blindly trust the virtual investment platform that can easily earn a lot of money. Fraud gangs often use "small investment, big income" as t to let investors taste the sweetness first and then increase investment, so as to achieve the purpose of fraud

at present, the so-called "digital currency" in the market is not legal digital currency. 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. It is necessary for the general public to raise their risk awareness, invest rationally and prudently, and prevent the interests from being damaged

extended information:

five ways to distinguish whether digital currency is MLM currency. Virtual currency does not rely on specific monetary institutions to issue, it is based on a specific algorithm, generated through a large number of calculations, is a decentralized way of issuing. Each different terminal node is responsible for maintaining the same account book, and the maintenance process is mainly to package and encrypt the transaction information by the algorithm, while the MLM currency is mainly issued by a certain organization, and the profit is made by pulling the head

2. Transaction mode. Virtual currency is a kind of sporadic transaction formed spontaneously in the market. After the scale is formed, the third party graally establishes an exchange to complete the transaction. The MLM currency is issued by an institution and traded on its own platform

3. The virtual currency itself is an open source program, maintained in the GitHub community. The parameters and methods of the total amount limit are shown in the open source code. The open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, so its essence is controlled by the website like Q currency

Whether the source code link is given. The general decentralized digital currency will give the source code link in the prominent position of the official website, so as to show the operation mechanism of the monetary system openly and transparently. What MLM currency focuses on is the transaction process of recharge purchase, not to mention its operation mechanism, and even the website does not have the link address of the source code

5. Whether the official website starts with HTTPS. In general, the addresses of the official website and trading website of decentralized digital currency begin with HTTPS. The purpose of this kind of website is to protect users' data from illegal theft. But the official website of MLM currency, trading website and other related websites do not start with HTTPS

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. This sentence should be sentenced, because this kind of thing is a very serious fraud.

5. As if it were
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. The general public should raise their risk awareness, invest rationally and prudently, and prevent their interests from being damaged
the legal currency of China is RMB. RMB shall be uniformly printed and issued by the people's Bank of China. No unit or indivial may refuse to pay all public and private debts within the territory of China in RMB. The general public should establish a correct concept of currency, take good care of RMB and jointly maintain the normal circulation order of RMB
the functions of the monetary gold and silver Bureau of the people's Bank of China include the formulation and implementation of relevant monetary issuance and gold management measures; Undertake RMB management and anti-counterfeiting work.

6. Although the country is reforming the digital currency, it has not been formally implemented, so it has created a certain environment for swindlers. Besides, the company's equity certificate is only a written certificate in the form of a person's investment in the company, the number of shares he owns and the corresponding rights and obligations, but is the company a regular company? Even if the company is formally registered, is the company's capital subscribed or paid in< After all, equity certificates are not investment certificates.

7. It depends on the scale. It is suggested to do something that is not illegal.

8. 1、 In the name of business activities such as selling goods and providing services, participants are required to pay fees or purchase goods and services to obtain the qualification to join, and form a hierarchy according to a certain order. They directly or indirectly use the number of development personnel as the basis for remuneration or rebate to ince or coerce participants to continue to develop, others to participate, and defraud property, If a pyramid selling organization that disturbs the economic and social order has more than 30 people participating in pyramid selling activities within the organization and its level is above three, the organizer and leader shall be investigated for criminal responsibility
if you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached three or more, you can combine the number of people who have developed in each organization
if the organizers and leaders continue to get remuneration or rebate from the original MLM organization after formally leaving the original MLM organization, the level and number of the development personnel of the original MLM organization after leaving shall be calculated as the level and number of the development personnel
in handling the criminal cases of organizing and leading pyramid selling activities, if it is really impossible to collect the verbal evidence of the participants one by one e to the limitation of objective conditions, it can be combined with the evidence collected and verified according to law, such as the payment, payment, payment and rebate records, audio-visual materials, relationship diagram of pyramid selling personnel, bank account transaction records, Internet electronic data, expert opinions, etc, Comprehensively identify the number of people involved in pyramid selling, the number of levels and other criminal facts< The following personnel can be identified as the organizers and leaders of MLM activities:
(1) personnel who play the role of initiation, planning and manipulation in MLM activities
(2) personnel who are responsible for management and coordination in MLM activities
(3) personnel who are responsible for publicity and training in MLM activities< (4) those who have received criminal punishment for organizing or leading pyramid selling activities, or administrative punishment for organizing or leading pyramid selling activities within one year, and who have directly or indirectly developed pyramid selling activities with more than 15 participants and at least three levels< (5) other personnel who play a key role in the implementation of MLM activities, the establishment and expansion of MLM organizations
If a crime of organizing or leading pyramid selling activities is committed in the name of a unit, the personnel appointed by the unit who are only engaged in labor work will not be investigated for criminal responsibility< The organizers and leaders of MLM activities have taken the actions of fabricating and distorting national policies, fabricating and exaggerating business, investment, service items and profit prospects, covering up the real source of remuneration and rebate or other fraulent means to implement the provisions of article 224-1 of the criminal law, Those who illegally make profits from the fees paid by the participants in pyramid selling activities or the fees for purchasing goods or services shall be regarded as defrauding property. Whether the participants in pyramid selling activities think that they have been cheated or not does not affect the determination of the property swindled<

4. On the identification of "serious circumstances":
(1) the organizers and leaders of pyramid selling organizations who meet the provisions of paragraph 1 of Article 1 of the opinions shall be identified as "serious circumstances" under the provisions of article 224-1 of the criminal law under any of the following circumstances:
(1) the total number of participants in pyramid selling activities of the organizations and leaders is more than 120< (2) collecting directly or indirectly the MLM funds paid by the participants in the MLM activities with an accumulated amount of more than 2.5 million yuan< (3) having received criminal punishment for organizing or leading pyramid selling activities, or administrative punishment for organizing or leading pyramid selling activities within one year, and having directly or indirectly developed more than 60 people to participate in pyramid selling activities
(4) causing serious consequences such as mental disorder and suicide among the participants in pyramid selling activities< (5) causing other serious consequences or adverse social effects< The organizer or leader of MLM activities requires the developed personnel of MLM activities to develop and other personnel to join through the development personnel. The pure "team pay" type of MLM activities with the purpose of selling goods and based on sales performance are not treated as crimes. In the form of "team pay", but in essence, it belongs to "the number of development personnel as the basis of pay or rebate", which should be convicted and punished as the crime of organizing and leading pyramid selling activities according to the provisions of article 224-1 of the criminal law< (6) on the application of charges, those who organize and lead pyramid selling activities for the purpose of illegal possession, and constitute the crime of organizing and leading pyramid selling activities and the crime of fund-raising fraud, shall be convicted and punished in accordance with the provisions with heavier punishment
those who commit the crime of organizing and leading pyramid selling activities and commit intentional injury, illegal detention, extortion, obstruction of public affairs, gathering people to disturb social order, gathering people to attack state organs, gathering people to disturb the order of public places and traffic order, etc., which constitute a crime, shall be punished in accordance with the provisions of combined punishment for several crimes.

9. If the network fraud exceeds 3000 yuan, it will reach the filing standard of the crime of fraud, and the court can sentence it to fixed-term imprisonment of less than three years. If the profit is 170 yuan and the amount of fraud does not exceed 3000 yuan, it will not constitute a crime and will not go to prison.