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The case of the Ministry of public security cracking down on vir

Publish: 2021-05-14 15:36:04
1. It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity
it is difficult for the public security organs to collect and collect evidence, and it is also difficult to carry out arrest operations, because most of the information of the Chuangshi operation team of the virtual currency scam is not public, and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested
with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational<
extended information:
after reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. Generally, it includes criminal cases, administrative cases and civil cases< According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:
1
2. The fact of the crime should be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed
under any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted< (1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime< (2) the time limit for prosecution has expired< (3) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency
2.

Virtual currency fraud calls 110 directly

many departments, such as the China Banking and Insurance Regulatory Commission, the central office of information technology, the Ministry of public security and so on, issued risk tips, saying that some criminals, under the banner of "financial innovation" and "blockchain", absorbed funds by issuing the so-called "virtual currency", "virtual assets" and "digital assets", thus infringing the legitimate rights and interests of the public

this kind of activity is not really based on blockchain technology, but on the hype of blockchain concept, illegal fund-raising, pyramid selling and fraud. In essence, it is a Ponzi scheme of "repaying the old by borrowing the new", which is difficult to maintain the long-term operation of funds

the public should treat the blockchain rationally, not blindly believe the promises, establish a correct monetary concept and investment concept, and effectively improve the risk awareness. Report to the public security organ in time after being cheated

extended data:

the first is the obvious networking and cross-border of virtual currency. Relying on the Internet and chat tools for transactions, and using online payment tools to balance funds, the risks spread widely and spread quickly. Some lawless elements set up websites by renting overseas servers to carry out activities for domestic residents and control illegal activities remotely

some indivials claim that they have obtained the investment quota of overseas high-quality blockchain projects in the chat tool group and can invest on their behalf, which is most likely fraud. Most of these illegal funds flow overseas, which makes it very difficult to supervise and trace

followed by deception, temptation and concealment. They use hot concepts to hype, fabricate various "tall and tall" theories, and some also use celebrity "big V" platforms to publicize. They use airdrop "candy" as temptation to claim that "currency value only rises but not falls", "investment cycle is short, income is high, and risk is low", which has strong bewitching

in practice, criminals illegally make huge profits by manipulating the price trend of the so-called virtual currency, setting profit and withdrawal threshold. In addition, some criminals also issue tokens under the guise of ICO, IFO, IEO, etc., or hype virtual currency in the way of IMO under the banner of sharing economy, which has strong concealment and confusion

finally, there are many kinds of illegal risks in this kind of behavior. Through public publicity, the illegal elements attract the public to invest funds, lure investors and development personnel to join, and constantly expand the fund pool with the t of currency appreciation and development offline profits, which has the characteristics of illegal fund-raising, pyramid selling, fraud and other illegal acts

3.

The 60 kinds of pyramid selling virtual currencies broadcast by CCTV news include MBI, m3, Diablo, Asian currency, star currency, Jinyuan shopping alliance e-currency, Changjiang international virtual currency, qileba, micro TV media e-currency, bonus point currency, virtual gold coin, HGC, COA, LFG, Sri, bismall, ahkcap, CPF, Yifen, K currency, R currency, Baichuan currency, K Bao, Zhongfu Tongbao, Hongtong currency, etc Raines e-money

Global BlackRock No.1, Glasberg, BCI, m, wing, EV, performance, FIS, u, ES, zangbao performance, huiai e-money, jianyipan e-money, subsidy, hftag, Kaixin compound interest, kuailinian virtual currency, Shihua currency, ente currency, CPM, Kara currency and supreme currency

there are at least 65 kinds of "virtual currency" with different names, such as Wuhua union virtual currency, Meisheng e, Zhonghua currency, Mimi virtual currency, FIS, world Yunlian cloud currency, Liwu currency, Vicat currency, mark currency, Shanxin currency, Wuji currency, ATC, IPC, central currency, Wuxing currency, huiai currency and nautical currency

< H2 > extended information:

in the 141 cases of virtual currency pyramid selling found on China's judicial documents, the number of such criminal cases is increasing year by year. In 2014, the court ruled 5 cases, and then increased by multiple, to 62 cases in 2017. According to the judgment documents, among the above-mentioned virtual currency pyramid schemes, "Vicat" has the highest amount of money involved, with a total of 7 billion, and its global membership number is 10770000, with the largest number

in terms of the development scale of MLM organizations in China, "cloud coin" (also known as world UnionPay and world cloud Alliance Network MLM platform) has the largest number of MLM organizations (4391449); Second, the "dark money" pyramid marketing organization has developed more than 3.4 million members

source of reference: phoenix.com - virtual money pyramid scheme: 65 kinds of pyramid schemes cheat 10 million people, over 10 billion

4. For example, the game currency used in online games, in fact, is recharged with real currency, or the game reward (game equipment or level) you get for spending a lot of time and energy in the game. In a sense, it condenses your labor and forms the income of labor, so when others violate your virtual currency in the game, That is, it constitutes a crime
in the form of game fraud, game account theft, etc
5. The Ministry of public security is not fighting, but has been trying to fight. But China is so big that it's hard to ban pyramid selling at home. The four ministries and commissions of Huzhu finance have issued risk tips, but there are still a lot of people playing, resulting in heavy losses. Police around the country also reported that a number of digital money pyramid schemes have been destroyed
of course, virtual currencies are not all pyramid schemes, such as bitcoin, lightcoin, decent and so on.
6. U-coin has long been reported as a fraud by netizens. If you are cheated, you can go to the police, but the public security organ may not file a case. This kind of fraud involves a large number of people, a small amount of money, a wide range, and is difficult to solve. Most of the public security organs across the country just muddle along. However, once this kind of digital currency has caused serious adverse social effects, the public security organs will pay attention to it
it's better to stay away from this kind of digital currency. Bitcoin, Leyte coin, doggy coin are normal digital currencies, and these digital currencies also have risks. The digital currency on coin Ying China platform is a kind of asset certificate, which will have fixed dividend income.
7. The following is the full text of the Interim Measures for the administration of online games issued by the Ministry of culture of the people's Republic of China:

Decree No. 49 of the Ministry of culture of the people's Republic of China

the Interim Measures for the administration of online games, which were deliberated and adopted at the ministerial meeting of the Ministry of culture on March 17, 2010, are hereby promulgated and shall come into force as of August 1, 2010<

Minister Cai Wu

June 3, 2010

Interim Measures for the management of online games

Chapter I General Provisions

Article 1 in order to strengthen the management of online games, standardize the operation order of online games, and maintain the healthy development of online game instry, These measures are formulated in accordance with the decision of the Standing Committee of the National People's Congress on maintaining Internet security, the measures for the administration of Internet information services, and the relevant provisions of the state laws and regulations

Article 2 These measures are applicable to business activities in the form of online game R & D and proction, online game operation, online game virtual currency issuance, online game virtual currency trading services, etc

the online games mentioned in the Measures refer to the game procts and services provided by the Internet, mobile communication network and other information networks, which are composed of software programs and information data

online game operation refers to the operation of providing game procts and services to the public through the information network, using the user system or charging system

online game virtual currency is a virtual exchange tool that is issued by online game business units, purchased directly or indirectly by online game users using legal tender in a certain proportion, exists outside the game program, stored in the server in the form of electromagnetic recording, and expressed in specific digital units< Article 3 the administrative department for culture under the State Council is the competent department for online games, and the administrative department for culture under the people's government at or above the county level shall be responsible for the supervision and administration of online games within their respective administrative areas according to the division of responsibilities

Article 4 to engage in online game business activities, we should abide by the constitution, laws and administrative regulations, adhere to the principle of giving priority to social benefits, giving priority to the protection of minors, carrying forward the ideological and cultural norms and moral norms reflecting the development of the times and social progress, following the principles concive to the protection of public health and moderate games, and safeguarding the legitimate rights and interests of online game users according to law, Promote the all-round development of people and social harmony

Article 5 the online game instry association and other social organizations shall accept the guidance of the cultural administrative department, formulate instry self-discipline norms in accordance with laws, administrative regulations and articles of association, strengthen professional ethics ecation, guide and supervise members' business activities, safeguard members' legitimate rights and interests, and promote fair competition< Chapter II business units Article 6 the units engaged in online game operation, online game virtual currency issuance, online game virtual currency trading services and other online game business activities shall meet the following conditions and obtain the "online culture business license":

(1) name, residence, organization and articles of association of the unit< (2) the business scope of online games< (3) employees who meet the requirements of the state< (4) a registered capital of not less than 10 million yuan< (5) meet the requirements of laws, administrative regulations and relevant national regulations

Article 7 to apply for the network culture business license, an application shall be submitted to the cultural administrative department of the province, autonomous region or municipality directly under the central government. The cultural administrative department of a province, autonomous region or municipality directly under the central government shall make a decision of approval or disapproval within 20 days from the date of receiving the application. If it is approved, the "network culture business license" shall be issued and announced to the public; In case of disapproval, the applicant shall be notified in writing and the reasons shall be explained
the Ministry of culture's interim measures for the administration of online games published a total of 1 comment on Fenghuang science and technology [large, medium and small] [Print] at 12:36, June 22, 2010. The license is valid for 3 years. If it is necessary to continue its business operation at the expiration of the term of validity, it shall apply for renewal 30 days before the expiration of the term of validity

Article 8 If an online game business entity that has obtained the "online culture business license" changes its website name, website domain name or legal representative, registered address, business address, registered capital, equity structure and permitted business scope, it shall go through the change proceres with the original license issuing authority within 20 days from the date of change

the online game business unit shall mark the "online culture business license" and other information on the enterprise website, proct client, user service center and other prominent positions; The domain name of the website actually operated shall be consistent with the declared information< Article 9 online games shall not contain the following contents:

(1) violating the basic principles established by the constitution< (2) endangering national unity, sovereignty and territorial integrity< (3) divulging state secrets, endangering national security or damaging national honor and interests< (4) inciting national hatred or discrimination, undermining national unity, or infringing national customs and habits< (5) those who propagate heresy and superstition< (6) spreading rumors, disrupting social order and undermining social stability< (7) promoting obscenity, pornography, gambling, violence, or abetting crime< (8) insulting or slandering others and infringing upon their legitimate rights and interests< (9) violating social morality< (10) other contents prohibited by laws, administrative regulations or state regulations< Article 10 the administrative department of culture under the State Council is responsible for the examination of online game content, and employs relevant experts to undertake the consultation and transactional work related to the examination, filing and appraisal of online game content

the cultural administrative department of the State Council will not review the online game publications that have been pre approved by the relevant departments and allow them to operate online

Article 11 the cultural administration department of the State Council shall examine the content of imported online games according to law. Imported online games shall not be operated online until they have been examined and approved by the cultural administration department of the State Council. To apply for content review, the following materials should be submitted:

(1) application form for content review of imported online games< (2) content specification of imported online games< (3) or of right trade or operation agency agreement, original right certificate and power of attorney of Chinese and foreign texts< (4) copies of the "network culture business license" and "business license" of the applicant< (5) other documents required for content review

Article 12 those who apply for the examination of imported online game content shall be the online game operation enterprises that have obtained exclusive authorization according to law

If an imported online game is approved to change its operation enterprise, the changed operation enterprise shall, in accordance with the provisions of Article 11 of these measures, make a new declaration to the cultural administration department of the State Council< Article 13 domestic online games shall, within 30 days from the date of online operation, go through the filing proceres with the cultural administration department of the State Council in accordance with regulations

for domestic online games that have been filed, the filing number shall be marked at the designated location of the operation website and the prominent position in the game

Article 14 If the content of imported online games needs to be substantially changed after online operation, the online game operation enterprise shall report the content to be changed to the cultural administration department of the State Council for content review

in case of substantial changes in the content of domestic online games, the online game operation enterprise shall file with the cultural administration department of the State Council within 30 days from the date of change

the substantial changes of online game content refer to the significant changes in the background of online game story, plot language, place name setting, task design, economic system, trading system, proction and construction system, social system, confrontation function, role image, sound effect, map props, action presentation, team system, etc

Article 15 an online game operation enterprise shall establish a self-examination system, specify special departments, and assign professional personnel to be responsible for the self-examination and management of online game content and business behavior, so as to ensure the legitimacy of online game content and business behavior< Chapter IV business activities Article 16 an online game business unit shall, in accordance with the contents, functions and applicable groups of online games, formulate user guidelines and warning instructions for online games, and mark them in prominent positions on websites and online games<

online games targeting minors shall not contain contents that ince minors to imitate behaviors violating social morality and crimes, as well as contents that harm minors' physical and mental health, such as terror and cruelty

online game business units shall, in accordance with national regulations, take technical measures to prohibit minors from contacting inappropriate games or game functions, limit their game time, and prevent minors from inlging in the Internet

Article 17 An online game business entity shall not authorize an entity without online game operation qualification to operate online games< Article 18 an online game business unit shall abide by the following provisions:

(1) it is not allowed to set up a compulsory battle in online games without the consent of online game users< (2) the promotion and publicity of online games shall not contain the contents prohibited in Article 9 of these measures

(3) it is not allowed to ince online game users to obtain online game procts and services by investing legal tender or online game virtual currency by random sampling or other accidental means

Article 19 when an online game operation enterprise issues online game virtual currency, it shall abide by the following provisions:

(1) the scope of use of online game virtual currency is limited to the exchange of online game procts and services provided by itself, and shall not be used for payment, purchase of physical objects or exchange for procts and services of other units< (2) the issuance of virtual currency for online games shall not be for the purpose of occupying users' prepaid funds maliciously< (3) save the purchase records of online game users. The storage period shall not be less than 180 days from the date of the user's last service acceptance< (4) submit the types, prices and total amount of online game virtual currency to the provincial cultural administrative department of the place of registration for the record< Article 20 an online game virtual currency trading service enterprise shall abide by the following provisions:

(1) it shall not provide trading services for minors< (2) it is not allowed to provide trading services for online games that have not been examined or filed

(3) when providing services, it is necessary to ensure that the user registers with a valid ID card and bind a bank account consistent with the user's registration information< (4) after receiving the notice from interested parties, government departments and judicial organs, they shall assist in verifying the legitimacy of the transaction. If the transaction is verified to be illegal, measures shall be taken immediately to terminate the transaction service and relevant records shall be kept< (5) information such as transaction records and accounting records among users shall be kept for at least 180 days< Article 21 an online game operation enterprise shall require online game users to
8. Under certain conditions, virtual currency has certain value and use value, and has transaction function, which can be transformed into real property. In judicial practice, there are cases that the contract of disposing virtual currency is valid and the penalty is imposed for stealing virtual currency
it should be said that virtual currency is protected by law.
9. The police station where you live can report the crime and cheat.
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