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The court sued digital currency

Publish: 2021-03-24 20:27:13
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. Illegal fund-raising refers to the behavior that units or indivials raise funds from the public by issuing stocks, bonds, lotteries, investment fund securities or other credit certificates without the approval of relevant departments in accordance with legal proceres, and promise to repay the principal and interest or give returns to the investors in money, material objects or other ways within a certain period of time. Illegal fund-raising is generally punished as illegal absorption of public deposits and fund-raising fraud

If illegal fund-raising is found, it can be reported directly to the Economic Investigation Brigade of the Public Security Bureau.
3.

With digital currency bitcoin in the spotlight in 2017, it's hard to remember the shadow of other cryptocurrencies

according to a new report, 1000 bitcoin holders have 40% market share

it is said that these major investors, known as "whales", may cause the value of cryptocurrency to plummet at any time

bitcoin once approached the $20000 mark. At the beginning of the year, bitcoin was worth just $970

However, cryptocurrency is very unstable. The value fell below 14000 yuan on December 10 and rose above 16000 yuan on December 11

Moreover, financial experts believe that bitcoin may be more unstable than people think. Recently, some Chinese bitcoin players have taken to court in a rage over losses

according to the bitcoin player, from November 2013 to June 2016, he paid 321966 yuan to fire coin, withdrawn 104772 yuan from fire coin, and lost 217194 yuan. The losses were caused by the bitcoin and lightcoin exchanges with 20 times leverage through the accounts on bitvc website

because bitvc website does not accept RMB recharge, it only accepts virtual currency recharge, so its transactions on the website are all through the purchase of bitcoin and Leyte coin by recharging cash on fire coin, and then transfer the purchased virtual currency to the account of bitvc website

the bitcoin player also said that although fire coin knows that virtual futures trading is illegal, it still lures registered users of fire coin to enter bitvc website for virtual currency futures trading with 20 times leverage by opening bitvc website and setting up links on fire coin website, using high leverage incement and telephone invitation. Fire money network further through the control of background data, false transactions and other means of fraud, resulting in his damage, so it asked fire money network to compensate for the loss of 52.8567 bitcoin, 815.9731 lightcoin

the court held that the arbitration clause agreed by the bitcoin player and the fire coin company has come into effect, and the ruling is confirmed to be valid. The dispute in this case should be arbitrated by the arbitration organization, and the court has no jurisdiction, so the lawsuit should be rejected

4.

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 />

5. Yes, digital currency is a kind of property. It has the nature of property, can be circulated in the market, and can be converted to pay off debts. Moreover, the property has no personal specificity, so it can be used as the object of compulsory execution by the court
6. The court can freeze your digital currency account.
7. Changsha digital currency fraud case is under the jurisdiction of the public security organ. If you want to go to Hunan public security department for inquiry
8.

Because my answer is too true, it has damaged the interests of "some people". A few days ago, it was reported by them, and then blocked for a few days. Those who can only cheat money from the common people, I want to send you a sentence: if you borrow, there will be loans, and loans will be equal! One day you will suffer by yourself

I will tell you the situation from a professional point of view

Although the interest rate of 360 IOU is frightening, it is still within the range permitted by the state (less than 24%, about 19% - 22%). You are only cheated by all kinds of text messages on the IOU

2, 360 default is equal principal and interest installment repayment, and repeatedly remind you this repayment method is easy, deceptive! The repayment of equal principal and interest in installments is less than the repayment with borrowing (similar to equal principal) in the first few months, but the total amount of repayment is the largest, and it is one-time calculation (principal + interest) / loan period. So someone borrowed it for one day, and they have to return it. That's why. Although the repayment is difficult in the first three months, the easier it will be in the future. 360 is authorized to query your address book and call records. There are implicit references in your loan contract, but you don't read it carefully, which is undeniable

for example, if the loan is 10000 / 1 years, the monthly repayment of the equal principal and interest is about 900 +, while the repayment with the loan is 1200 in the first month, but in the last month, the equal principal and interest is still 900 +, and the repayment with the loan is less than 500

3. Despite the above two points, what you get is real money and real RMB. Legally speaking, you have the obligation to repay money, including interest

4. 360 pop up address book, which is also mentioned in the contract, but only if you can't be contacted. This belongs to malicious violence collection. If you really go through legal proceres, this will help a little, but it's not likely to let you avoid repayment. 360 IOU employs a number of special Dunning companies. From a legal point of view, 360 can evade most of its responsibilities, while those violent Dunning companies / personnel will continue to change their skins. Dunning staff will "intimidate" you, you do not repay to your friends and relatives call, many people will casually: you call. The Dunning staff are waiting for you. They all have recordings. That's why you authorized them to explode your address book. You have to say this: I have a telephone recording. I don't authorize you to call anyone in my address book. If you do, you will bear all the legal consequences

Prosecution 1. If you receive a lawyer's letter, I can tell you that the so-called lawyer's letter is just a "legal threat letter". As long as a person with the qualification of a lawyer can build a leather bag company, he can send as many lawyer's letters as he wants

6. In terms of prosecution, 2. The cost of prosecution is 5% - 10% of the amount involved. 360 needs to sue you in your local court, so less than 5000 is not worth suing. If you receive a court summons, you have to go to the court obediently. First, there are special court personnel to mediate, and 99% of them are completed here. There are few court sessions

There are two kinds of repayment: insolvency and malicious default. The court can never force you to die. If you are insolvent, you can decide when to repay or how much to repay each month according to your family situation and personal income. If you have no income to repay, the court will not let you sell your kidney, and will negotiate to repay when you have money. If you are malicious, the staff will mediate from it. If you really attend court, you will be short-lived business. You must return the car sold, or the other party has the right to apply for asset seizure. p> If you are really unable to repay, then 360 will lose the lawsuit, and he will pay the travel expenses himself. If you are in malicious debt, you will have to bear these expenses. If he says to send you a lawyer's letter, you just need to ask his company name, address and the other party's name or employee number, and Lima will advise him on the other end of the phone. No one who really has a lawyer's qualification certificate is willing to wade into this muddy water. It is illegal to collect and intimidate them maliciously. If they lose their lawyer's qualification certificate, they will not only have to kneel down and cry, but also be in prison. Especially if they still know the law and break the law, they will have to be severely punished

9. To answer the question of the landlord, it's a civil dispute between you and 360 IOU. All the personal information you provide when you borrow money is true, not even fraud (of course, if you provide false information, it's suspected of fraud). But the "criminal investigation team" knows from its name that it's criminal investigation work, and has anything to do with civil disputes? You can network "Criminal Investigation Brigade", see what they do, really think they are idle egg pain, full of support tube you this broken matter? Not to mention that he can't send it, even if he does, the criminal investigation personnel have no right to manage it, and they are even more lazy to manage it. If you are informed of this kind of information on the phone, you will say that I don't know where our city's Criminal Investigation Brigade is. Since you send it, you will know for sure. Please tell me that if I don't go, it belongs to your fraud! I'm recording the phone! Lima has to hang up

It's illegal for the Dunning staff to "persuade" you to borrow money from your relatives and friends for repayment. Chinese law also does not support loan repayment, and you have no obligation to borrow money for repayment. Parents help you or love you, parents do not help you or normal, let alone other relatives and friends. There's nothing wrong with the law. Even if there is a lawsuit, the court will never let you borrow money for repayment

11. Make sure to record the phone!!!! Make sure you record the phone!!!! Make sure you record the phone

12. If there are Dunning staff who come to collect the money, they are not qualified to collect the money, even if you pay them back, otherwise they will take the money, and your repayment will not be less. If they say they are authorized to collect, they must take it away, record the video on site, and write the receipt

13. It's against the law for the nners to knock at the door in the middle of the night, write with paint, or make trouble in your unit! From civil dispute to criminal responsibility, call the police. The criminal investigation team will take care of them

Supplement:

14. Illegal beheading. Suppose you borrow 10000 yuan with an annual interest rate of 20%, and the other party says that you need to dect the first month's interest first, that is 10000-925 (approximately), and only give you more than 9000 points, which is absolutely illegal. As long as you open this first 99%, you will be punished!! It's terrible to be cheated. Don't try to make up for it. Don't try to borrow other money to repay it. What's more, you can't believe all kinds of "repayment methods" provided by the lender. I'd rather fight a lawsuit than borrow it again!! It's true to borrow 2000 and return 200000 on the Internet. It's just like this

15. All kinds of online micro lending will use currency illusion and digital deception. Don't borrow easily. Before borrowing, be sure to calculate the interest. What the national law supports at present: if the interest rate exceeds 36%, the other party must return the excess amount; If the interest rate is between 24% - 36% and has not been paid, it can not be paid. If it has been paid, the other party does not need to return it. Less than 24% is legal

16. When watching Hong Kong movies, you often hear "borrow ten to get nine to repay twelve". At first glance, you can see three cents interest (30%), and you think that the Hong Kong Greyhound club is not so grey. This is the most typical currency illusion + Digital deception“ If it is in accordance with the one-year term, the interest rate is as high as 57%

Tucao: a few days ago, I saw a girl on the Internet, borrowing 1000 yuan, borrowing 1 months, and 1300, she even agreed to make complaints about it!!!! 1000 yuan, 1 month, 1300 yuan, the interest rate is 360%

17. [important] as for credit reference, 360 IOU is connected to the credit reference system of the people's Bank of China. As long as you are overe, whether intentionally or unintentionally, it's bad luck for you, and the system will automatically report the credit reference. They have to pay penalty interest. So either you don't pay it back, or you'll be killed. People with bad credit records, banks refuse to apply for loans (to buy a car or a house), refuse to apply for credit cards, refuse to buy air tickets, trains can only buy hard seats, star hotels refuse to stay, golf courses and other high consumption places refuse to enter (this seems not to have much significance), the most important thing is: children can not go to private schools. The last one doesn't mean all the private schools. The general private schools will let you study in order to make money, but some high consumption schools will refuse. In a word, it's a trouble

18. If you have a bad repayment record in your credit investigation, don't be too afraid. The CBRC stipulates that the bad repayment record can only be kept for five years at most, and you can be a new person five years after you have paid off the debt. In addition, don't easily touch things like Jingdong Baitiao, ant Jie and ant Hua. It's easy to accidentally recalculate the 5-year term

9.

[characteristics of bitcoin]

the reason why bitcoin is anonymous is that they are built on a decentralized system. Bitcoin is completely independent, and the outside world cannot shut it down through some kind of core infrastructure

"anonymity" is very useful for those who don't want to associate their name with the goods or services they purchase. What outsiders see is nothing more than the address of your bitcoin wallet and a string of random words and numbers. Besides, there is no information that can identify themselves. For relatively paranoid users, they can also create many new wallets for free.

bitcoin is designed to allow anonymous ownership and use rights. Bitcoin can be stored in personal computers in the form of computer files (wallets) or in third-party hosting services. No matter how it is saved, bitcoin can be sent to anyone on the Internet through its address. The distributed characteristics of P2P and the design of no central management mechanism ensure that no organization can manipulate the value of bitcoin or create inflation. Its main features are as follows:

< UL >
  • decentralization

  • < / UL >

    bitcoin is the first distributed virtual currency, and the whole network is composed of users without a central bank. Decentralization is the guarantee of the security and freedom of bitcoin

    < UL >
  • circulation around the world

  • < / UL >

    bitcoin can be managed on any computer connected to the Internet. No matter where you are, anyone can dig, buy, sell or collect bitcoin

    < UL >
  • exclusive ownership

  • < / UL >

    the private key is required to manipulate bitcoin, which can be stored in any storage medium in isolation. No one can get it except the user himself

    < UL >
  • low transaction cost

  • < / UL >

    bitcoin can be remitted free of charge, but in the end, a transaction fee of about 1 bit will be charged for each transaction to ensure faster execution of the transaction

    < UL >
  • no hidden cost

  • < / UL >

    as a means of payment from a to B, bitcoin has no cumbersome limit and proceres. If you know the other party's bitcoin address, you can pay

    < UL >
  • cross platform mining

  • < / UL >

    users can explore the computing power of different hardware on many platforms


    [bitcoin acquisition method]

    first of all, your computer should be installed with the latest version of bitcoin client. After opening the client, all the transaction information data on the network will be automatically downloaded to the local. Depending on the network speed, this process may take several hours. At this time, the account balance is 0. Users can ask friends to send some coins, but a more feasible way is to do mining or merchant acquisition[ 6]

    < UL >

  • mining as a miner

  • < / UL >

    to be a miner is to proce bitcoin with one's own computer. In the early client, there was the option of mining, but it has been cancelled. The reason is very simple. With more and more people participating in mining, it may take several years for one to dig 50 coins, So miners generally organize into miners' guild, and they dig together. Specific mining methods, you can go online search. This method is already very unrealistic

    < UL >
  • as a businessman, you can buy coins g by miners with money, open an online shop to sell things and collect bitcoin, and even go to the exchange to speculate in coins. There are many websites providing bitcoin exchange services, which can be converted into almost any kind of currency. If you really don't know how to exchange, you can also come to laoan for help


    the difficulty of bitcoin mining is directly proportional to the amount of money that has been mined. The more difficult it is to mine, the more difficult it will be. After 20 million bitcoins are mined out in 2030, the remaining 1 million bitcoins will probably take decades to be mined out. And bitcoin has no central issuing authority, which is generated by network nodes through complex calculations. Anyone can run bitcoin software on a computer to make it. During circulation, enter the quantity 1 on the client software, then come to the other party's bitcoin address and sign with the payer's password. After that, the bitcoin is the other party's




    relevant information and pictures are from the Internet: search through the Internet for

    relevant reference sources are as follows:

    http://finance.chinanews.com/it/2013/08-09/5141755.shtml

    http://it.sohu.com/20130410/n372202897.shtml

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