600 million cases of virtual currency theft
the most popular team of Dahan coin Ruide in the market
learned from the Xi'an Municipal Public Security Bureau's opening branch recently that the "3. 30" network hacker theft virtual currency case was broken down nearly half a year, and 3 suspect suspects were all arrested. The initial investigation found that the gang involved in the case reached 600 million yuan. p>
on March 30, 2018, the economic development branch of Xi'an Public Security Bureau received an alarm from the victim Zhang, claiming that his personal computer was suspected to have been illegally intruded, and a large number of virtual currencies such as bitcoin and Ethereum were looted, with a market value of over 100 million yuan. The Municipal Public Security Bureau quickly set up a special group to carry out the detection work
has been examined by the 3 suspects as hacker. Many illegal gains have been obtained through illegal invasion, control of company's enterprise and personal network system, and the amount of suspect involved has reached 600 million yuan. At present, the case is still under further investigation
in the form of game fraud, game account theft, etc
case 1 recently, the court of Jinjiang District of Cheng sentenced Yang Xiaolong, a "cyber thief", to eight months' imprisonment for theft. Yang Xiaolong has repeatedly stolen the virtual currency in seven online game recharge accounts of a company in Cheng, and used the virtual currency to buy game cards to sell money, making an illegal profit of more than 1300 yuan
case 2: in a previous case of QQ number theft decided by Shenzhen intermediate people's court, the prosecutor initiated a public prosecution in accordance with the crime of theft. However, the judge held that QQ number has not been regarded as a property right in China's law, so it did not support the determination of theft and sentenced the defendant to the crime of obstructing freedom of communication
in case 3, ring the two periods of September 29, 2004 and August to October, 2004, many players in the online game "Dahua Xiyou II" (Netease operation) found their equipment stolen one after another. On November 9, 2004, Netease reported the case to the Internet Supervision Department of Guangzhou Public Security Bureau, and the police arrested the suspect while concting offline transactions. On December 25, 2005, Tianhe District Court of Guangzhou city declared him guilty of theft and fined him 5000 yuan. The defendant refused and appealed. At the end of March 2006, the second instance of Guangzhou intermediate people's court decided to reject the appeal and maintain the original judgment
in case 4, from March to July 2005, the defendants Zeng and Yang sold the cracked QQ number to others. The two defendants sold more than 160 QQ numbers and got more than 70000 yuan of stolen money. On November 28, 2005, Shenzhen Nanshan procuratorate sued Zeng and Yang for theft to Shenzhen Nanshan District People's court. Nanshan District People's court held a trial on December 9, 2005, and made a judgment on January 13, 2006. The two defendants were sentenced to six months' detention for the crime of infringing freedom of communication
is virtual property protected by law
no matter Tencent q-coin or Sina u-coin, they are just data symbols used to represent certain goods or services provided by an Internet manufacturer. So far, no bank has been involved in the launch of this "network virtual currency". Because there is some competition between manufacturers, their "network virtual currency" system is often independent of each other. Therefore, "network virtual currency" can not circulate in real society like RMB. In addition, the "network virtual currency" is only a kind of delivery voucher, and almost all manufacturers that launch the "network virtual currency" do not provide the service of "network virtual currency" cashing back. The two-way or even multi-directional circulation is the basis of money being able to act as a general equivalent. The characteristic of "one-way circulation" determines that "network virtual currency" cannot act as a general equivalent. Unless we can freely and legally convert this "delivery voucher" into real cash or electronic currency. Therefore, it is only a virtual property, not a real property, and can not be the object of legal protection in China
online virtual property theft, which is characterized by stealing and selling online game accounts of major online game companies, Tencent QQ coins and game equipment, is expanding and upgrading. This not only seriously damages the legitimate rights and interests of users, but also poses a great threat to the normal operation of Internet enterprises. Therefore, the case of network virtual property theft can be classified as theft, the victim can report the situation to the public security department, but there must be two kinds of proof to file a case: one is that the victim must prove that he really owns the virtual property, the other is that there is evidence to prove that his virtual property is really stolen. If two kinds of proof are available, and the suspect is found, he can be convicted. Because, at present, the National People's Congress has not legislated on this, and this kind of case belongs to special theft, that is, this kind of crime can be punished as theft
there are mainly three views on the legal attribute of network virtual property in the theoretical and judicial circles, namely, the theory of property rights, the theory of intellectual property rights and the theory of creditor's rights. Although the network virtual property is different from the general property, but in my opinion, it is intangible property. Article 75 of China's general principles of civil law clearly stipulates that "citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of proction and other lawful property that are permitted by law to be owned by citizens."“ "Other legal property" can be interpreted broadly, and network virtual property such as q-coin and virtual weapons can be classified as "other legal property" because of their basic properties. Citizen's property includes both tangible and intangible. Network virtual property should be one of intangible assets. Q-coin can be purchased directly from game developers, or obtained from the virtual currency market, so it has the property of general commodity. But whether it is creditor's rights or property rights, or intellectual property rights, this issue is the root of the current judicial and academic disputes. Virtual property is a kind of property with legal significance, which should be protected by law. As a kind of intangible property, virtual property has its own unique attributes and characteristics, which is different from the traditional tangible property and intangible property. The protection of virtual property should not be included in the category of real right or creditor's right mechanically, so it is necessary to protect it by separate legislation. The acquisition of virtual property needs to pay the corresponding time, energy and money, which has the characteristics of virtual space, tradability, value and time limit. In the network virtual space and time limit, it reflects the property value of virtual property, and shows the actual material interests in real life. It is precisely because of the transaction and value of the virtual property, as well as the paid nature of the acquisition, that the virtual property has the property nature. On the other hand, virtual property can also be possessed, used, benefited and disposed, and become the object of legal relationship. Therefore, virtual property should be protected by property law. Can theft of virtual property be punished as theft? At present, there are many kinds of currencies in the virtual market, such as Tencent Q currency, internet currency, Netease bubble currency, Sina u currency, Warcraft currency, Paradise currency, Shanda counting, etc. Take Q coin as an example, the number of users provided by Tencent is more than 200 million. Instry insiders estimate that the domestic Internet has a virtual money market scale of several billion yuan per year. Although the virtual currency market has a large scale, but the virtual currency stolen, "Filing" still has no legal basis? Virtual currency itself has no other transaction function, so it can be said that virtual currency is not a property right recognized by law. However, with the unlimited issuance of q-coin and the constant limited consumption of virtual procts, it will lead to the relative surplus of q-coin and the inflation of virtual world. At present, it is urgent to standardize the order of the virtual currency market, instead of blindly "Filing" protection, so that the public feel that the virtual currency is equivalent to RMB. When the network virtual property is stolen and cheated, we can also use the criminal law to punish criminals. At present, the court for the crime of network virtual property, some to be punished by theft, some to violate the freedom of communication to be punished. One of the reasons for different approaches is the lack of unified qualitative analysis of network virtual property. If we define the network virtual property as a kind of property, these problems can also be effectively solved. For example, some people steal virtual property or cheat for the purpose of illegal possession. If the amount of theft or fraud reaches the standard of "large amount", their behavior can be defined as theft or fraud. Of course, when the actor steals the network virtual property, his intrusion into the computer system and other means may also violate the crime of destroying the computer information system and other crimes. The combination of means and purpose constitutes an implicated crime, which can be dealt with again. What is q-coin Tencent q-coin is a virtual currency that can be paid uniformly on Tencent website. The face values of q-coin are 1 yuan, 2 yuan, 5 yuan, 10 yuan and 20 yuan respectively. For the q-coin obtained by users using the application method of dialing voice call, the expression form of 1 yuan face value q-coin is a 12 digit number string, and the expression form of 2 yuan, 5 yuan, 10 yuan and 20 yuan q-coin is a 14 digit number string starting with 2, 5, 1 and 8 respectively. The applied q-coin can purchase a series of related services on Tencent website, and input the corresponding q-coin amount according to the corresponding prompt when purchasing. At present, q-coin card can be used to apply for QQ bank number, purchase QQ beautiful number, QQ member service, QQ dating, QQ greeting card and other services. According to Tencent, a series of wonderful personalized value-added services will be launched later. Zhao Yiyong (judge of Zhengzhou high tech Instrial Development Zone, master of law): Disputes between players and thieves and between players and operators caused by the theft of virtual property. Once the virtual property is stolen, it is often difficult for users to find the thief, or it is difficult to provide evidence although they can find it. Therefore, once the virtual property is stolen, they often ask the operator for assistance and provide evidence, and most of them directly resort to the court on the ground that the operator does not fulfill its security obligations. From a technical point of view, game operators have the ability to help players save historical data and prevent data loss; From a legal point of view, game operators are also obliged to save historical data, prevent data loss and reproce game data e to charging players. Because the relationship between users and game operators is a service contract, according to the basic principles of China's "contract law", if the user's loss is caused by the game operators' failure to fulfill their ty of care, or major defects in program technology, then the game operators should bear the liability for breach of contract, including compensation for losses, restitution, and continued performance. If the game operator has no fault and the loss is caused by the infringement of a third party, it should directly claim to the infringer
legislation of virtual property protection suggests that in the absence of legislation on virtual property protection in China, network enterprises should apply the form of instry self-discipline to protect the interests of users. At the same time, we should speed up the formulation of relevant legislation or judicial interpretation. The specific measures include: (1) giving virtual property a legal status from the level of judicial interpretation 2 Add criminal legislation to protect computer data 3 Standardize the order of virtual property transactions, and ensure the security of virtual property transactions. It is suggested that the best way to deal with virtual property is through legal means
3. The latest opening price of PI currency: 165; 0.026078
4. PI currency market value evaluation:
24h, the highest: &; 026981
24h amount: 2.438 million
24h minimum: 165; 025931
24h: 165; 62902.59
7d was the highest: 165; 026659
the highest in history: 165; 1672
7d was the lowest: 165; 023335
the lowest in history: 165; 0.012983
crowdfunding price: $0.053300
return on Investment: - 93.01%
warm tips:
① the above explanation is for reference only, without any suggestions. The relevant procts are issued and managed by the corresponding platform or company, and our bank does not undertake the responsibilities of investment, cashing and risk management of the procts
② there are risks in entering the market, so investment should be cautious. Before making any investment, you should make sure that you fully understand the nature of the investment and the risks involved in the proct. After a detailed understanding and careful evaluation of the proct, you can judge whether to participate in the transaction
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The theft of 14.5 million bitcoins in Jiangxi Province was solved, which caused heated discussion among netizens on the Internet. We all know that the current era is an Internet era, and it is also an era of rapid development. There are many people who want to earn money through illegal means, which is not worth advocating. We also hope that everyone can learn this lesson, suspects will also face very severe punishment
we also hope that this lesson can arouse a wake-up call for everyone. If everyone is like them, they will certainly face the disaster of imprisonment. At the same time, we need to pay attention to the fact that no matter how powerful the hacking technology is, there will still be many hot spots left. After all, it is the body, which cannot be separated from legal sanctions, I also hope that they can learn from this lesson, be a good person in their future life, and never violate the law and discipline. I hope everyone can pay attention to this
It is still controversial whether the illegal sale of game currency involves the property stipulated in the criminal law, how to define it in the criminal law, and whether it should be regarded as theft
according to the research opinion of the Research Office of the Supreme People's Court on how to determine the nature of the profit from the illegal sale of other people's game coins by using computers, game coins are not property in the traditional sense. At present, the illegal sale of other people's game coins by using computers should be punished as the crime of illegally obtaining computer information system data
in 2013, the Supreme People's court and the Supreme People's Procuratorate issued the interpretation on Several Issues concerning the application of law in handling criminal cases of theft. Supreme law note: in the process of drafting the interpretation, some people suggested that it should be made clear in the interpretation that those who steal game currency and other fictitious property should be convicted and punished as theft. After research, it is considered that this opinion is inappropriate. For the behavior of stealing virtual property, if it really needs criminal law regulation, it can be convicted and punished according to illegal access to computer information system data and other computer crimes instead of being treated as theft
However, looking at the judicial precedents in recent years, there are also judgments on the conviction of stealing game currency as theft. Some courts hold that the crime of illegally entering a game account for the purpose of theft, as well as the crime of theft and illegal acquisition of computer information system data, belongs to imaginative joinder of offenses, which should be punished as a felony, but it should be determined according to the amount of illegal income combined with specific cases. In theory, it tends to think that virtual property such as game currency should be regarded as property and can be used as the object of theft. The general principles of civil law has also written the network virtual property into the law. However, the relevant norms still need to be improvedin fact, the generation of virtual currency also needs professional development team to develop, and cannot be developed and generated by itself. The development technology of virtual currency is mature, and there is no technical difficulty, but the positioning of virtual currency is the biggest problem, and the generation of virtual currency needs a lot of hardware equipment to mine
it is not a general equivalent, but an expression of value relevance, or a symbol, or a kind of personalized currency. On the other hand, it can also be called information currency. What they have in common is that they are all symbols of uncertain value and relative value. In this case, the traditional meaning of money has been broken. Money in the original sense is only a special case of a new and broader currency. Money can be regarded not only as a general equivalent, but also as a group of symbols of relative value