Stealing foreign digital currency

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 you know that the money is stolen before your friend pays it back, it will be returned naturally.

3. On September 4, 2017, seven ministries and commissions of the state issued the notice on preventing the financing risk of token issuance, which regulates the activities of token issuance. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, has no monetary attributes such as legal compensation and compulsion, and does not have the same legal status as currency, It cannot and should not be used as currency in the market< However, it is undeniable that all kinds of "virtual currency" still have a certain property value and are part of the property of the holder. So, how to identify the nature of the theft of such tokens
the police detained the perpetrator for stealing bitcoin on suspicion of damaging the computer information system
the crime of destroying the computer information system stipulated in Article 286 of the criminal law of the people's Republic of China refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the state regulations, resulting in the abnormal operation of the computer information system and serious consequences, or the act of deleting, modifying, adding or interfering with the data and application programs stored, processed or transmitted in the computer information system Modifying or adding operations with serious consequences, or deliberately making or spreading destructive programs such as computer viruses, which affect the normal operation of the computer system with serious consequences
this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interests protected by this crime are actually the public order of our society, not the property interests of the digital currency holders. In fact, it denies the property value of digital currency, but only protects it as a data or system function in a computer system. The author thinks that there is some irrationality in this way
first of all, in the notice on preventing bitcoin risks issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and has no monetary attributes such as legal compensation and compulsion
bitcoin has four main characteristics: no centralized issuers, limited amount, no geographical restrictions and anonymity. Because it belongs to a specific virtual commodity in nature The notice also clearly mentioned that bitcoin does not have the same legal status as currency and should not be used as currency in the market. However, as a virtual commodity, the property value behind bitcoin cannot be ignored
secondly, Article 127 of the general provisions of the civil law, which came into effect on October 1 last year, stipulates that if the law has provisions on the protection of data and network virtual property, such provisions shall prevail
although only the protection of network virtual property has been made in principle, it can not be denied that it shows our attitude towards the protection of network virtual property. Although there is no special law for the protection of data and network virtual property in China, from the perspective of the general provisions of civil law, it is predicted that there will be relevant legislation in the future
finally, from the relevant cases, we can also see the recognition of the property attributes of virtual currencies such as bitcoin in China's judicial practice.

4. 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.

5.

It is not illegal, but the legal risk can not be ignored

in September 2017, after the central bank and seven ministries and commissions jointly issued the "notice on the risk of token financing", which explicitly prohibited the trading of RMB and digital currency and the issuance of ICO (abbreviation of initial coin offering, which means the initial public offering of digital currency), the heat of hyping digital currency is still hard to rece

the current situation is that although the official ban, but in reality the transaction is still in progress, which will also lead to a series of legal problems. High return is accompanied by high investment risk, as well as legal risk that can not be ignored. After the central bank stopped the digital currency exchange in September 2017, some exchanges went overseas, and investors also went to overseas markets to invest and trade, or to find counterparties through Internet instant messaging software

extended information:

related risks:

1. The so-called credit risk is e to the lack of reliable third party participation, and the transaction between the two sides completely depends on the integrity. Once there is a breach of contract, it is difficult to protect the rights and interests

2. The so-called policy risk is that the attitude of various countries towards the special currency will lead to sharp fluctuations in the price of the currency, which will have a certain impact on the OTC trading; The so-called relief vacancy risk refers to the dispute caused by OTC transactions, which makes it difficult for all parties to obtain evidence and provide evidence

3. The public security organs often encounter the problem that there is no professional institution to price bitcoin in case filing or legal review, and our criminal law stipulates that the criminal object of theft is someone else's finance with economic value, because the economic value of bitcoin can only be proved by the trading platform according to the price displayed on the trading platform software, This kind of pricing is sometimes not recognized by public security organs and courts< br />

6. China's legal digital currency DCEP (digital currency electronic payment) is still under test and has not been officially issued. The specific scope and method of use have not yet been announced
recently, the central bank refuted the rumor that DCEP has not been issued and no asset trading platform has been authorized to conct transactions. At present, the legal digital currency is still in the process of research and testing, and the launch time of online legal digital currency is inaccurate.

7.

With regard to the digital currency which has soared tens of thousands of times before, various policies and news are constantly emerging. Bitcoin fell from the highest point of 130000 to about 40000, and Shanzhai digital coin even fell to 99%. But Xiangge said that the transaction will not end, but there will be periodic fluctuations. In the news of China financial news network, I communicated with senior people in the currency circle for the first time. When the news is all over the place and people are in a panic, the more we need to listen to the ideas and opinions of professionals. My friend, a Xiong, CEO of digital exchange, has experienced the whole process of digital currency take-off, development and adjustment. His current project is digital currency trading platform and related intelligent investment consultant. His thoughts and opinions are summarized as follows:

8. AMEX is a national stock exchange or American stock exchange with mature and standardized operation and outstanding stock and derivative securities trading
the listing conditions are lower than that of the New York Stock Exchange, but it has a history of more than 100 years
If a company wants to be listed on the US stock exchange, it needs to meet the following conditions:
(1) at least 500000 shares should be owned by the public on the market
(2) the market value should be at least US $3000000
(3) there should be at least 800 shareholders (each shareholder should own more than 100 shares)
(4) a minimum of $750000 in pre tax income is required for the previous fiscal year.

9. No matter where the funds, virtual or real, are not stolen, please pay attention to your world view.

10. Digital currency which can, dcpro or can, but we should pay attention to the risk of digital currency itself.