Legal cases of virtual currency

1.

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

2. 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

3.

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

4. 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

5. This is a relatively cutting-edge legal issue. There should be no relevant books, but I can provide you with some information
it should be in the past two weeks that the Korean court accepted a case concerning virtual currency and made a judgment to the effect that it recognized the legal status of virtual currency as private property of citizens. The private property of citizens is of course protected by law, and the court decides that the infringer loses. Then I remember that the article also mentioned that there is no case of virtual currency in China so far, so the judgment of South Korea can be said to be the initial attitude of the legal profession towards virtual currency
because it is on the mobile phone, there is no way to search the original text for you. That's all I remember. I hope it can help you.

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. 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. Is virtual property personal property? Are they also protected by law? A few days ago, a rare case of robbing virtual property told us the result: robbing virtual property was also convicted of robbery. Four teenagers used force to "snatch" an online player's online game equipment from an Internet cafe because of their infatuation with online games, Legal Daily reported. Then, the court found that the four defendants' robbery of virtual property constituted robbery, and sentenced them to three years' imprisonment and probation respectively, with a penalty of 5000 yuan. The judgment of this case marks that the protection of virtual property has gone from virtual property to reality< With the popularity of the Internet, online games have become an important part of young people's leisure and entertainment life, and the virtual goods formed by the direct exchange of real currency have a huge amount of property value. Subsequently, the cases of virtual property infringement are increasing
among them, the most serious case is the theft of virtual property. According to xinhuanet.com, Xiao Zhang, who is a junior this year, is an old player of the online game "dream journey to the west", but his online game equipment worth more than 30000 yuan was stolen overnight“ After the "theft case" happened, Xiao Zhang immediately took action, but the embarrassment was that he wanted to protect his rights, but it was difficult to do so. On the one hand, Xiao Zhang reported the case to the public security organ at the first time, but the public security organ refused to file the case because there was no clear provision in the law; On the other hand, Xiao Zhang contacted the game supplier, but Netease's reply was that this was a theft and should be reported to the public security organ first
coincidentally. In the virtual network world, QQ number theft is often encountered by users, and after the encounter, we often have nothing to do, more unexpectedly, it may also involve huge economic losses. According to the news morning post earlier, netizen Chen Xuejun found that a large number of netizens on his QQ number "98888" began to drop off the line. Within a few minutes, "98888" also dropped off the line and could not log in any more. Among his own QQ numbers, 46 were "hacked" one after another. Later, Chen Xuejun went to the police station of Shenzhen Public Security Bureau's high tech park to report the case. It is estimated that the 46 QQ numbers he lost were worth 600000 yuan
there are also some cases that show that if consumers can prove that the loss of virtual property causes damage to the real property rights, then the property rights are still protected by law. However, in such cases, e to the changeability of electronic evidence, its evidence effect is often greatly weakened, and e to technical reasons, many victims are difficult to collect enough evidence, which makes the relevant rights and interests protection more difficult
these events reflect that the protection of network virtual property is not perfect. Besides the loss of money, the biggest pain for users is anger and regret, and the greater embarrassment comes from the fact that it is difficult to protect their rights<
virtual property is also the legal property of citizens, which can not be infringed.
Ye Zhinian, associate professor of China University of political science and law, once wrote an article, pointed out that online virtual property can be purchased directly from game developers, or obtained from the virtual currency market, so virtual property has the attribute of general commodity, and its real value is self-evident
in this case, the virtual property that costs users a lot of time, effort and money should also be protected citizen property. But in contrast, players are "Heroes" in the virtual world and consumers in the real world, but they are often "weak" in the real world. The collision between virtual wealth and the real world is truly reflected here.

10. 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. I hope the answer will help you.