Sentencing standard of virtual currency fraud

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.

According to the news on February 10, 2018, on September 4, 2017, seven ministries and commissions of the people's Republic of China issued the notice on preventing the financing risk of token issuance, which regulates the issuance of tokens. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, and it has no monetary attributes such as legal compensation and mandatory, It does not have the same legal status as currency and cannot and should not be used as currency in the market. Nevertheless, 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

In order to protect the legitimate rights and interests of "virtual token" holders, the author intends to discuss such issues through a relevant news report and relevant cases

stealing bitcoin

recently, a news report said that Haidian police in Beijing cracked a case of destroying computer information system. The suspect Zhong used his administrator's authority to modify the company's computer applications and steal 100 bitcoins. Before he could sell the stolen money, Zhong was arrested by the police. At present, Zhong was detained for the crime of destroying computer information system

it can be seen from the report that 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 our country refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the provisions of the state, resulting in the abnormal operation of the computer information system and serious consequences, or deleting, modifying 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

In the author's opinion, this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interest protected by this crime is actually the public order of our society, not the property interests of the digital currency holders, which in fact denies the property value of digital currency, It is only protected 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 the prevention of bitcoin risk issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and does not have such monetary attributes 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 the network virtual property has made the principle provisions, but it can not be denied that this shows our country's attitude towards the protection of the 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 attribute of virtual currency such as bitcoin in China's judicial practice. In April and may 2013, Liu premeditated to set up a bitcoin trading platform, so he recruited Jin and Huang (both sentenced) to jointly set up a "bitcoin" trading platform. During this period, Liu, Huang, Jin, Jin and the defendant he, in addition to other acts of directly stealing customers' funds, also frequently cashed RMB by selling customers' bitcoins, and transferred 120 bitcoins from the website. Finally, the court convicted and punished the defendant for fraud, and the bitcoin transferred by the defendant was also included in the property loss of the victim. Therefore, from the judicial cases, we can also get the recognition of the property attributes of virtual currency such as bitcoin

based on the above reasons, the author thinks that it may be unreasonable to regulate the theft of virtual currency only as the crime of damaging computer information system. We should face up to the hidden property value and consider the application of the crime of infringing property in China's criminal law. Only in this way can we effectively protect the legitimate rights and property of digital currency holders in China

3. If the online virtual game currency swindles 4000 yuan, it is suspected of fraud and shall be sentenced to fixed-term imprisonment of not more than three years< According to 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, which came into effect on April 8, 2011, those who defraud public or private property with a value of 3000 yuan to 10000 yuan or more, 30000 yuan to 100000 yuan or more, and 500000 yuan or more will be punished, It should be respectively identified as "large amount" and "huge amount" and "especially huge amount" stipulated in Article 266 of the criminal law< 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. Where there are other provisions in this law, such provisions shall prevail.

4. I let otoo
online publishing
offline marketing
for example, businesses on meituan.com publish movie information from meituan.com to attract customers online, and then consumers pay online and experience consumption in physical stores.

5. Element chain is a kind of reference side chain, which aims to demonstrate technology and provide test environment, and is still in the research and development stage
for this reason, at present, the blockchain technology R & D of jinwowo group thinks that the technologies included in the element chain are as follows:
1 - private transaction
2 - isolation witness
3 - relative locking time
4 - signature verification
5 - new opcode
6 - hiding technology, etc.

6. In order to facilitate the transfer of digital assets between different blockchains, sidechain technology came into being. In short, the side chain is like a channel, connecting different blockchains together to achieve the expansion of the blockchain. The side chain is completely independent of the bitcoin blockchain, but the two ledgers can "operate with each other" to achieve interaction.

7. The platform charges 10% to 20% of the management fee, and the customer and the platform pay half of the meal delivery fee respectively. On the surface, 10% to 20% of the profit loss of the business is actually a small profit and quick turnover. The seats in the store are saved, and the waiters are saved. Only one person can pack the food

8.

1. Proct sales. Group buying websites can cooperate with businesses to obtain the rebate of proct sales by helping them sell procts with trademarks. This is a basic traditional method of making profits in group buying websites

2. Because group buying websites are generally local, and their advertising accuracy is close to classified information, they can attract many businesses to put in advertisements. For this kind of accuracy is relatively strong

3. Group buying websites can also hold new proct promotion activities for trademarks, promote new procts for businesses, and form long-term cooperative relationship with businesses to collect promotion fees from businesses

in the early stage of market competition and the immature stage of enterprise growth, the profit models of enterprises are mostly spontaneous. With the intensification of market competition and the continuous maturity of enterprises, enterprises begin to pay attention to the research on market competition and their own profit models. Even so, not all enterprises are lucky to find profit models

profit analysis mainly analyzes the profit model and improves the existing profit model

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< H2 > the profit models of Internet companies (or enterprises relying on Internet platform for marketing) are as follows:

1, big advertising (especially brand advertising, such as Sina, Sohu Home page, channel page banner, text advertising, including column title, etc.)

2, small ads (especially classified ads, competitive ranking ads, narrow ads, etc., such as the main advertising modes provided by Google, Internet, Tianxia Internet, soufan, etc.)

3, props, QQ show (if you have seen the financial report of Tencent, you will know how much income you can get by purchasing props and paying members)

4 EC (that is, e-commerce obtains revenue through e-commerce, such as Taobao, eBay, Wannet, etc., whether it is B2B, B2C or C2C, or provides network services, there are various charging methods, which we summarize as EC)

5. Online games (Shanda, Netease launched game procts are typical cases, and many free online games are also very popular, Although there is no charge for players, the purchase of special props and promotion can be charged; The scenes can also be sold to related enterprises for income.)