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Virtual currency police alert

Publish: 2021-05-29 13:16:57
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 evidence and arrest, 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 the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. 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

The criminal responsibility should be investigated 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) exemption from punishment by special amnesty

(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn

(5) the defendant has died

(6) other laws and regulations provide for exemption from criminal responsibility

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. Being cheated by millions of people, involving a large amount of money, can directly report to the local public security organs. Of course, if more people are involved, it will attract the attention of the police
at present, the virtual currency circle is very chaotic and there are many scams. Don't trust the bluff of those direct selling teams. If you have no experience, you should pay attention to the mainstream digital currencies such as bitcoin, Ruitai coin and lightcoin.
4.

This case of bitcoin online pyramid selling was officially solved on July 30 this year. It is a huge Transnational Online pyramid selling organization at home and abroad, involving more than 2 million participants. The hierarchical relationship is complex, with more than 3000 layers at the upper and lower levels. The total amount of money involved in the case is more than 40 billion yuan, which can be regarded as the case involving the widest area, the largest number of participants and the largest amount of money. This case is quite different from the previous pyramid scheme fraud, and it can be regarded as a new type of pyramid scheme. Its biggest feature is the use of the Internet for MLM, which brings the hidden MLM organizations from underground to the public's eyes{ RRRRR}

5. It's illegal to steal mines. If there is a large number of mines, someone will take charge of you and sincerely help you,
6.

Following the warning of ICO risks issued on August 31, recently, the China Internet Finance Association (hereinafter referred to as the mutual Finance Association) issued another warning to be alert to the risks of bitcoin and other "virtual currencies"

the Mutual Fund Association issued a risk warning that in recent years, the so-called "virtual currency" such as bitcoin, Leyte coin and all kinds of tokens have carried out centralized transactions on some Internet platforms, and the number of stakeholders has graally expanded, so the potential financial and social risks formed can not be ignored

China Internet Finance Association calls on all member units to fulfill the commitment of the instry self-discipline convention, strictly abide by national laws and regulations, not participate in any centralized transactions related to the so-called "virtual currency" or provide services for such transactions, and actively resist any illegal financial activities

there are risks in investment, so we should be cautious in purchasing virtual currency

7. The virtual currency in the game is also a personal asset. It should be protected by law, but if the amount of money cheated is small, the police will not file a case even if they go to the police. There are two main reasons: first, the amount of money involved is too small to reach the standard of filing; But it is difficult to detect and waste manpower and material resources
not only the virtual currency in the game should be protected, but also bitcoin, Ruitai coin, Qianjin card and other digital cryptocurrencies should be protected by law. Zhou Xiaochuan, governor of the central bank, compares bitcoin to a tradable asset like a stamp. The central bank and other five ministries and commissions define bitcoin as a special Internet commodity.
8.

he is probably caught up in the hacker Gang, because according to police investigation, it is a crime that makes use of hacker's technology to get information from victim's computer. The suspect used the hacker's method and technology to steal the victim's virtual currency's account, and also used a fake document to reorganize his mobile phone, and finally cracked his transaction password. So the man was targeted by the hacker gang

at ordinary times, we should also pay attention to our own account problems and mobile phone security, because some criminals always use some means to crack other people's account information, because once it is cracked by others, it will cause great economic losses, so we must pay special attention to this, For example, the man who is targeted by the hacker Gang is likely to show off his huge assets everywhere, because if he doesn't show off, then the hacker Gang doesn't know that he has so much money and won't target it, so the homework should be low-key and don't show off his wealth everywhere, otherwise he won't know if he is targeted

9.

We should be familiar with virtual currency. Remember that the first virtual currency that came into our view should be & lt; QQ currency & quot;. At that time, through & lt; Q coin & quot; Buy a lot of game props, virtual clothing, or recharge some members and so on; Q coin & quot;. Then, with the continuous development of the network, e-commerce is becoming more and more popular. Many enterprises will trade goods on the network, and then trade directly on the network. At this time, the currency is used as the initial & lt; General equivalent;, In order to meet the virtual demand on the network, it is no longer necessary to appear in the form of real money, so virtual money emerges as the times require and becomes the main means of circulation of Finance and other businesses on the network{ RRRRR}

10. Cheng police smashed the super large virtual currency; Pig killing dish & quot; How does a fraud Gang cheat< p> Recently, Cheng police beat down the virtual currency fraud Gang, which sounded the alarm for people and made people aware of the power of the current telecom fraud. Let's explore how the telecom fraud is implemented

the technical content of crime means is constantly improving, the crime means are constantly renovated, the telecommunication fraud means follow up the development of science and technology, and the technical content is higher and higher. In the past, we used to mail letters and send fraulent short messages through SMS group senders, but now we use multi-agent or wireless Internet technology to maintain fraulent web pages, use foreign servers to use VoIP network phones, and use & lt; Touzhuan & quot; Technology arbitrarily set the caller ID number, deception is stronger, the ability of anti investigation is also higher. On the other hand, all kinds of scams by criminal syndicates keep up with the hot spots in the society, and the renovation is extremely fast, which makes it impossible to prevent

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