Virtual currency risk cases

1.

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

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. 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

4.

The search for bitcoin on the Internet has been going on all the time, and its price has been fluctuating and rising, and has broken through a number of barriers, such as $30000, $40000 and $50000. It has become the most popular investment contract in the virtual currency circle, but e to market volatility, for greater reasons, it will be cleared almost every trading day. The huge amount of money involved makes some investors completely unable to calm down. Of course, for those traders who make profits many times, they will naturally make a lot of money, and their personal wealth will be more and more. Therefore, when investing in virtual currencies (such as bitcoin), when the market fluctuates sharply, there will be some happy and sad phenomena

In addition, although the current price of bitcoin has been rising, there is still a lot of controversy in the market. Many financial institutions take a negative attitude and regard it as a speculative asset rather than a currency because of its lack of practicality. Value support, and at the same time issued a number of warnings. In addition, India is about to implement the ban on cryptocurrency, other countries are not very optimistic about the prospect of virtual cryptocurrency, some criminals use their hidden money laundering crimes, so there are many uncertainties in the future market trend

5. Qiu Hui, 27, used the convenience of working in an Internet company to unfreeze the account with virtual currency and sell it at a low price, making huge profits. The reporter learned today that the Beijing Second Intermediate People's Court of final appeal rejected Qiu Hui's appeal and upheld the court of first instance's sentence of four years' imprisonment for the crime of embezzlement
on November 1, 2005, Qiu Hui found that three of the company's online accounts with virtual currency were frozen, so he unfrozen the three accounts and bought all the company's game cards with the virtual currency of 1624 519 karat, worth more than 162000 yuan. Qiu Hui sold the game cards to others at a low price, making a profit of more than 150000 yuan. On June 28, 2006, when Qiu Hui was investigated by the company, he admitted most of the facts of the crime and returned 120000 yuan to the company. The rest of the money was wasted by Qiu Hui
after the trial and judgment of the court of first instance, Qiu Hui refused and appealed to the second intermediate people's court
after hearing, the second people's court held that Qiu Hui, as a manager of the company, took advantage of his position to embezzle the company's money, and the amount was huge. His behavior constituted the crime of embezzlement and should be punished according to law. The judgment of the first instance is correct and should be upheld< br /> http://www.fcx114.com/cxbg/7451.html

6. The Guangzhou Municipal People's Procuratorate charged that on May 4, 2002, the defendant Xia Xia and Wu Qingru (sentenced) used Xia Xia Kai's and Lin Fengmei's ID cards to register and rent Room 203, building e, building 3, No. 9, meiyuan street, Meiyuan community, Jingxi street, Baiyun District, Guangzhou City as a nest for counterfeiting currency, and employed Wu qingjuan, Wu Jinbiao, Lin Fengmei, Lin Yuxia, Wu Chujun Wu Hanrong (both sentenced) and others forged currency in the above-mentioned places. On June 25, 2002, public security officers arrested Wu Qingru, Wu Mingkun, Wu qingjuan, Wu Jinbiao, Lin Fengmei, Lin Yuxia, Wu Chujun and Wu Hanrong at the above-mentioned places on the spot, and seized 60970 pieces of counterfeit RMB with a total face value of 3094150 yuan. On January 13, 2005, the defendant Xia Xia Kai was arrested by Baiyun District branch of Guangzhou Public Security Bureau. Based on the documentary evidence, expert conclusion, witness testimony and the confession of the accomplice presented in court, the court accused the defendant of forging currency in summer, which was huge in amount and constituted the crime of forging currency.

7.

1. Every day catching dolls

2, YY catching dolls across the air

3, happy clip dolls

4, karaku catching dolls

5, all people catching dolls

6, happy catching dolls

and others as shown in Figure

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8.

According to the market database of digital currencies in the UK, there are 10 kinds of digital currencies with "bitcoin" in their names. It's OK to call it bitcoin. But now the mainstream of the transaction is bitcoin, accounting for 33.92%

source: all digital currency quotes

9. The area within 10 kilometers of Minmin town in Zhongshan City, including Dongxing town and Dongfeng Town, is within 10 kilometers.