Network virtual currency of the Supreme People's court
according to the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of fraud, the standard of "large amount" (i.e. filing standard) is to defraud public and private property worth 3000 yuan to 10000 yuan or more. The specific amount of the starting point of punishment is more clearly stipulated in various localities.
(XIV) crime of covering up or concealing the proceeds of crime or the proceeds of crime
1. If the crime constitutes a crime of covering up or concealing the proceeds of crime or the proceeds of crime, the starting point of sentencing can be determined within the corresponding range according to the following different circumstances:
(1) if the circumstances of the crime are general, The starting point of sentencing may be determined within the range of fixed-term imprisonment or criminal detention of less than one year< (2) if the circumstances are serious, the starting point of sentencing can be determined within the range of three to four years of fixed-term imprisonment
2. On the basis of the starting point of sentencing, we can increase the amount of penalty according to the amount of crime and other criminal facts that affect the composition of the crime, and determine the benchmark penalty.
On January 18, the business management department of the people's Bank of China issued the "notice on carrying out self inspection and rectification of payment services for illegal virtual currency transactions", which made it clear that the unit and its branches are strictly prohibited from providing services for virtual currency transactions, and took effective measures to prevent payment channels from being used for virtual currency transactions
the notice also shows that for the discovered virtual currency transactions, the payment channels of relevant transaction entities should be closed in time, and the funds to be settled should be properly handled
reported and quoted pan Gongsheng as saying in the memo: "we should always maintain a high pressure on the virtual money market, strictly prevent the risk of virtual money from gathering again, and eliminate the potential risks in the bud." He also said that the national and local authorities should ban the places that provide bitcoin and other virtual currency centralized trading, as well as the so-called "wallet" service providers that provide guarantee and clearing services for virtual currency centralized trading, and indivials or institutions that provide market maker services for centralized trading
Interpretation of the Supreme People's Court on the specific application of law in the trial of counterfeit currency and other cases (adopted at the 1110th meeting of the judicial committee of the Supreme People's Court on April 20, 2000), The specific application of law in the trial of such cases is explained as follows:
Article 1 Whoever forges money with a total denomination of more than 2000 yuan but less than 30000 yuan, or with a total amount of more than 200 pieces but less than 3000 pieces, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and a fine of not less than 50000 yuan but not more than 500000 yuan in accordance with the provisions of Article 170 of the criminal law
if the total denomination of counterfeit currency is more than 30000 yuan, it belongs to "the amount of counterfeit currency is particularly huge"
Article 2 if an actor uses counterfeit money after purchasing it, which constitutes a crime, he shall be convicted of the crime of purchasing counterfeit money and given a heavier punishment in accordance with Article 171 of the criminal law
if the selling and transporting of counterfeit currency constitutes a crime and the behavior of using counterfeit currency at the same time, the offender shall be punished for several crimes in accordance with the provisions of articles 171 and 172 of the criminal law
Article 3 selling or buying counterfeit currency or knowingly transporting counterfeit currency with a total denomination of more than 4000 yuan but less than 50000 yuan belongs to "large amount"; If the total denomination is more than 50000 yuan but less than 200000 yuan, it belongs to "huge amount"; If the total denomination is more than 200000 yuan, it belongs to "extremely huge amount" and shall be convicted and punished in accordance with the provisions of the first paragraph of article 171 of the criminal law
Article 4 Any employee of a bank or other financial institution who purchases counterfeit money or takes advantage of his position to exchange counterfeit money for money with a total denomination of more than 4000 yuan but less than 50000 yuan or a total quantity of more than 400 pieces but less than 5000 pieces shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the total denomination is more than 50000 yuan or the amount of money is more than 5000 pieces or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 20000 yuan but not more than 200000 yuan or be sentenced to confiscation of property; If the total denomination is less than 4000 yuan or the amount of money is less than 400 pieces, or if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan
Article 5 a person who knowingly holds or uses counterfeit money with a total denomination of more than 4000 yuan but less than 50000 yuan is a "large amount"; If the total denomination is more than 50000 yuan but less than 200000 yuan, it belongs to "huge amount"; If the total denomination is more than 200000 yuan, it belongs to "extremely huge amount" and shall be convicted and punished in accordance with the provisions of article 172 of the criminal law< Article 6 if the total denomination of the altered currency is more than 2000 yuan but less than 30000 yuan, it belongs to "large amount"; If the total denomination is more than 30000 yuan, it belongs to "huge amount" and shall be convicted and punished in accordance with the provisions of article 173 of the criminal law
Article 7 "currency" in this interpretation refers to RMB and foreign currency that can be circulated or exchanged in the domestic market
the denomination of currency shall be calculated in RMB, and other currencies shall be converted into RMB according to the foreign exchange rate announced by the State Administration of foreign exchange at the time of the case
according to Article 264 of the criminal law, anyone who steals public or private property in large amount or repeatedly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated
among them, Article 3 of the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of theft cases stipulates that the standards for "large amount", "huge amount" and "especially huge amount" of theft of public or private property are as follows:
(1) if the price value of personal theft of public or private property is between 500 yuan and 2000 yuan, it is "large amount"
(2) if an indivial steals public or private property with a value of 5000 yuan to more than 20000 yuan, it is "huge amount"
(3) personal theft of public or private property with a value of 30000 yuan to more than 100000 yuan is regarded as "extremely large amount"
the higher people's courts of provinces, autonomous regions and municipalities directly under the central government can determine the standards of "large amount", "huge amount" and "especially huge amount" within the amount range specified in the preceding paragraph according to the local economic development and social security situation
at present, the game currency is no more than the real property, and the specific sentencing is still the same. There was a man in Wuhan who was involved in a case of nearly one million yuan and made an illegal profit of more than 760000 yuan. He was sentenced to 12 years
hope to help you.