people's court

People's Court Daily article "Criminal Identification of Assistance Behavior in Virtual Currency Settlement and Payment"

ChainCatcher news, People's Court Daily published an article titled "Criminal Identification of Virtual Currency Settlement Payment Assistance Behavior".The article points out that virtual currency settlement payment assistance behavior refers to the act of using virtual currency to provide property transfer assistance for others committing telecom fraud. In the criminal identification of virtual currency settlement payment behavior, it is necessary to grasp the characteristics of the criminal proceeds, the demarcation points between upstream telecom fraud and subsequent concealment or hiding of criminal proceeds and their benefits, as well as the influence of the helper's subjective knowledge and the timing and content of "collusion" on the determination of charges, thereby distinguishing easily confused charges.First, determine whether the object transferred using virtual currency possesses the three characteristics of criminal proceeds, namely property nature, criminal illegality, and certainty. Second, use the completed fraud crime as a boundary point to define whether the virtual currency settlement payment behavior is an act of concealing or hiding criminal proceeds and their benefits, or an act of assisting upstream telecom fraud. Finally, it should be determined whether the virtual currency settlement payment behavior constitutes an accomplice to telecom fraud based on whether the helper conspired with others in advance, whether they only recognized that others were illegally using information networks to commit crimes, or whether they knew that others were committing fraud.In summary, there are three scenarios for the criminal identification of virtual currency settlement payment assistance behavior:The first is when the helper did not conspire with others before the fraud was completed, and after the fraud was completed and the fraudster obtained property with property nature, illegality, and certainty, the helper intentionally provided assistance in virtual currency settlement payment, which constitutes the crime of concealing or hiding criminal proceeds and their benefits.The second is when the helper objectively engaged in acts of concealing or hiding criminal proceeds, but formed a mental connection with others regarding the fraud before the fraud was completed, and their behavior should be recognized as an accomplice to the fraud crime; if the helper formed a mental connection with others regarding the implementation of online criminal activities after the fraud was completed, their behavior constitutes the crime of assisting information network criminal activities.The third is when the fraud crime is not completed or the property does not possess the three characteristics of criminal proceeds, but the helper knowingly provides virtual currency settlement payment services for others committing fraud, which should be recognized as an accomplice to the fraud crime; if the helper knows that others are committing online criminal activities but does not know the specific crime being committed, they should be held criminally responsible for assisting information network criminal activities.

The Dongyang People's Court has launched the first round of fund recovery work related to a series of virtual currency fraud cases involving 380 million yuan

ChainCatcher news, the Dongyang People's Court issued a notice on the return of funds in the fraud case involving Zhou Sheng, He Yan, and others. The notice states that based on the effective criminal judgment documents such as Zhe 0783 Criminal First 560 and the information verification registration, the first round of fund return work for the involved funds that have been collected is being carried out. The specific matters are announced as follows: the registration for this fund return work will start from the date of the announcement and will last for 1 month. The recipients of the fund return are investors who have invested in the fraudulent digital currency platforms SIE (later renamed BTUE), CFEX, LKF, GDbit, etc., and have overall losses. The amount of this return is calculated based on the amount of loss and the funds that have been collected, determining a uniform refund ratio.It is reported that this fund return will be conducted through the release on WeChat official accounts, links, and scanning QR codes to enter the APP for information registration, with backend review and confirmation. After passing the review, the payment will be assisted by the Dongyang branch of the Industrial and Commercial Bank of China.In August 2019, the Dongyang Public Security Bureau launched an investigation into digital currency fraud platforms such as SIE, CFEX, LKF, and GDBIT, and key members of this fraud group were successively captured and brought to justice. This fraud group fabricated activities related to blockchain technology development, developing digital currency trading platforms through a technical team, forming a complete fraud industrial chain.In September 2021, according to the Zhejiang Procuratorate, all 171 defendants involved in this digital currency fraud series case, with an amount involved reaching 380 million yuan, were tried and sentenced.

The Beijing First Intermediate People's Court disclosed a Litecoin investment dispute, ruling that the defendant must return the owed assets

Chain Catcher News, the People's Court of Shijingshan District in Beijing and the Beijing First Intermediate People's Court recently made first and second-instance judgments on a civil dispute regarding Litecoin investment, requiring the defendant Ding Hao to return 33,000 Litecoins to the plaintiff Zhai Wenjie.According to the information, on December 5, 2014, Zhai Wenjie transferred 50,000 Litecoins to the designated receiving address of Ding Hao for fund investment. Ding Hao promised to pay 1,000 Litecoins as interest every month. By April 7, 2017, Ding Hao had returned 17,000 Litecoins, still owing 33,000 Litecoins.The court held that the IOU and receipt signed by Zhai Wenjie and Ding Hao could prove that a loan contract relationship was established between the two parties. In nature, Litecoin should be considered a specific virtual commodity, which does not have the same legal status as currency and cannot and should not be circulated as currency in the market. However, Litecoin possesses the attributes of virtual property and virtual goods, and should be protected by law.After the first-instance judgment was announced, the defendant appealed on the grounds that virtual currency investments are not protected by law in China. The Beijing First Intermediate People's Court stated in its second-instance judgment that although relevant legal documents stipulate that activities related to virtual currency are illegal and that investments in virtual currency and related derivatives by legal persons, non-legal persons, and natural persons that violate public order and good customs render the relevant civil legal acts invalid, there are no laws, administrative regulations, or departmental rules that deny the protectability of virtual currency itself as virtual property. Therefore, the first-instance court's determination that the Litecoins lent by Zhai Wenjie in this case have the attributes of virtual property and should be protected by law is not improper, and the court upheld it. (Source link)
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