Court

Jingde Court has concluded a case involving a pyramid scheme related to virtual currency, with an amount involved of approximately 6.39 million yuan

ChainCatcher news, according to the official WeChat account of Jingde County People's Court, the Jingde Court recently concluded a case involving the organization and leadership of pyramid selling activities related to virtual currency.It is reported that Xu (handled in another case) planned to develop the "Mobius" project, which involved issuing and promoting MBUS (Mobius) virtual currency, cards, etc. Several individuals required participants to purchase and hold MBUS coins, NFT cards, and MSS coins under the guise of investing in virtual currency and derivative project trading. They actively developed downline personnel through "referral" methods and organized a hierarchical structure in a certain order, directly or indirectly using the number of developed personnel, the amount and quantity of purchased virtual currency and cards as the basis for compensation or rebates, defrauding participants of a total of over 964,300 USDT (1 USDT is approximately equal to 1 USD, equivalent to about 6.39 million RMB).After the incident, it was identified that the wallet addresses of MBUS coin holders recorded 29,280 entries, with a total referral hierarchy of 48 levels. The individuals involved, including Li, Xiang, Huang, and four others, were sentenced to fixed-term imprisonment ranging from two to three years, with probation and fines imposed.

Three "post-95" men were sentenced by the court for illegal business operations for using virtual currency to exchange money in disguise

ChainCatcher news, according to the Procuratorial Daily report, on November 18, the Jiangsu Province Jianhu County Procuratorate organized police officers to distribute promotional materials in communities and streets, explaining the main forms of crimes involving virtual currency and interpreting the legal risks of virtual currency transactions in connection with a new type of crime case mediated by virtual currency trading. In this case, three young men born after 1995 engaged in foreign exchange "business" through virtual currency trading, completing over 650 transactions and exchanging nearly 30 million yuan in just a few months. The Jianhu County Procuratorate filed a public prosecution, and recently, the court sentenced Lin and two others to fixed-term imprisonment of five years to one year and six months for illegal business operations, along with fines.Lin, in collaboration with a Nigerian national, used the local legal currency Naira to purchase Tether on the Binance exchange, then transferred the Tether to Lin's Binance account. Lin sold the Tether to domestic currency traders in exchange for RMB, which was then transferred to a bank account in China provided by the Nigerian national. Lin determined the purchase price by discounting 5% from the day's listing price of Tether and then sold it to domestic currency traders at the listing price, earning the price difference.The prosecutor reviewed and concluded that Lin and the other two used virtual currency as a medium to provide cross-border exchange and payment services to earn exchange rate differences, which circumvented national foreign exchange regulations by exploiting the special properties of virtual currency, affecting the effectiveness of foreign exchange management and the stability of legal exchange rates, thereby disrupting the normal order of the financial market. They should be held criminally responsible for illegal business operations according to the law.

People's Court Daily: The act of stealing virtual currency constitutes the crime of theft and the crime of illegally obtaining data from computer systems

ChainCatcher news, the Civil Court Daily published an article titled "Criminal Qualification of Illegal Theft of Virtual Currency," which points out that the act of stealing virtual currency constitutes theft. As an economic property, it must have value, including utility, scarcity, and disposability. Scarcity is reflected in the constant total supply of virtual currency, which is not infinitely available. Disposability is demonstrated by the use of asymmetric encryption technology for virtual currency, which exists in wallets (i.e., addresses), and once the address and private key are obtained, one can control the virtual currency. Utility is reflected in the fact that virtual currency, as a specific data encoding, must be generated through "mining," which condenses social abstract labor.The article also points out that the act of stealing virtual currency constitutes the crime of illegally obtaining data from computer systems, as virtual currency has data characteristics. The illegal theft of virtual currency constitutes the crime of illegally obtaining data from computer systems. Regarding the determination of the amount of stolen virtual currency, it is more reasonable to set the amount of virtual currency involved in the case at the time the defendant committed the crime rather than when the victim purchased the virtual currency.
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