OTC Currency Dealers Have Experience Of Bank Cards Being Frozen And Virtual Currency Transactions Are A Stepping Stone To Criminal Convictions.

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1. Introduction\n

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This article is not a naming party. Today’s over-the-counter virtual currency merchants make money by moving virtual currency bricks. If they do not pay attention to relevant criminal risks and take remedial measures, have been frozen, continue to trade after unfreezing, and receive stolen money, they may Suspected of committing a crime\n

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2. The latest determination rules of "knowingly"\nThe Supreme People's Court's "Minutes of the Meeting on Issues Concerning the Application of Law in the 'Card Breaking Operation'" and "The Supreme People's Court Meeting Minutes on Issues Concerning the 'Card Breaking Operation'" and " Minutes of the Meeting of the Supreme People's Court on Issues Concerning the 'Broken Card' Operation' and 'Minutes of the Meeting on Issues Concerning the Application of Law in the 'Broken Card' Operation' and 'On 'Broken Card'

Minutes of the meeting on legal application issues during the operation" and "About 'Broken Card'\n

The Supreme People's Court pointed out that "to determine whether an actor 'knowingly' knows that others are using information networks to commit crimes, the principle of consistency between subjectivity and objectivity should be adhered to, that is, the actor's cognitive ability, past experience, transaction partners, and relationship with the perpetrator of information network crimes. , the time and method of providing technical support or help, etc. Subjective and objective factors such as profits, the number of times the "two cards" were rented or sold, the number of cards, and the perpetrator's confession, etc. At the same time, pay attention to the perpetrator's excuse, and based on Make a comprehensive judgment on whether its defense is reasonable.\"\n

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Among them, "past experience" is worth noting. In addition to the above general principles stated, in order to make the determination of "knowledge" more reasonable, 7 specific direct knowledges were also carried out, but the following are related to "past experience". \n

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(2) After being notified verbally or in writing by the public security organs, banking financial institutions, non-bank payment institutions, telecommunications service providers and other relevant units and departments, after renting or selling the "two cards", no remedial measures are taken and the card continues to be rented or sold. ; inform them that the "two cards" rented or sold are suspected of fraud, money laundering or other illegal crimes\n

\\n\n(3) For rent or sale

"Two cards" have been frozen due to suspicion of fraud, money laundering and other illegal crimes, and we will help to unfreeze them, or cancel the old card or apply for a new card, and continue to rent or sell:\n

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(4) Online accounts with payment and settlement functions that are rented or sold are sealed due to suspicion of fraud, money laundering and other illegal crimes. Help unblock and continue to provide them for others to use\n

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The above rules explain that in "past experience", being informed of a violation of law or crime, or having an account frozen or blocked, becomes a presumptive scoring item for "knowingly knowing" that others have committed cyber crimes. \n

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Although renting and selling "two cards" is different from virtual currency exchange, the logic found by the court in practice is surprisingly similar because cards and coins can easily help cybercriminal suspects transfer stolen money. \n

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3. Practical Cases (1) The defendant was an over-the-counter virtual currency trader. He informed the frozen account of telephone fraud but continued to trade, and was found guilty of aiding and abetting\n

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[(2021) Sichuan 0191 Xingchu No. 542] The defendant Yin Qiang engaged in virtual currency transactions on the "Oasis" platform and "Huobi" to make profits. In November 2020, Yin Qiang accepted telecom fraud funds while trading virtual currencies on the "Oasis" platform. The China Merchants Bank card with the ending number 3105 was seized by the public security agency. After knowing this situation, Yin Qiang continued to alternately bind his personal name on the platform, tail number 8474 Minsheng Bank Card, tail number 0242 Ping An Bank Card, tail number 3883, tail number 9037 Guiyang Bank Card, and tail number 3730 Great Wall West China Bank Card Continuing with the virtual currency transaction, that is, according to the shipping information of the "Oasis" platform, after receiving the funds on his personal bank card, he paid the virtual currency he held to the counterparty of the order. \n

The court held that Yin Qiang engaged in virtual currency trading on a virtual currency trading platform and was informed that the funds he received were suspected of telecommunications network fraud because the bank card was frozen or frozen during the transaction\n

, and Yin Qiang, knowing that his virtual currency trading partner may be involved in telecommunications network fraud, still changed his bank card and continued to engage in virtual currency transactions, and the bank card he used was intercepted many times during the transaction process. Freezing is enough to determine that Yin Qiang subjectively knew that others used information networks to commit crimes and objectively provided help. Yin Qiang's behavior is different from the behavior of knowingly using virtual currency transactions to transfer and cash out the proceeds of telecommunications network fraud. Therefore, it was determined that Yin Qiang constituted the crime of assisting information network criminal activities, rather than covering up and concealing criminal proceeds. \n

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(2) The court determined that the OTC merchant had a price difference, and many of its cards were frozen or seized by the public security organs due to suspected telecommunications fraud. It continued to change bank cards and continued to buy and sell virtual currencies\n

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[(2021) Min 0802 Xingchu No. 224] Starting in April 2018, the defendant Li Hai began to buy and sell Tether coins on Huobi in Beihai City, Guangxi, and earned the price difference (buying below the market price and selling above the market price) (out), during which many bank cards he used were frozen and detained by the public security organs on suspicion of fraud. In order to make illegal profits and knowing that the sources of funds in Huobi virtual currency transactions were improper, the defendant Li Hai invited the defendant Li Wanghua to participate in the trading of virtual currencies in July 2019. \n

\\nAfter investigation, from June 3, 2019 to September 21, 2019,\n

The defendant Li Hai used his Minsheng Bank card (card number 6216××××5440) to buy and sell virtual currencies for profit, with a cumulative inflow of 0.21 yuan and a cumulative outflow of 0.54 yuan, of which 4,000 yuan was transferred to the victim Wang on June 6, 2019. Inside the card. Defendant Li Wanghua used his and his brother Li's bank cards and Alipay to buy and sell virtual currencies, and the profits were divided 55-50 with defendant Li Hai. During this period, Alipay and multiple bank cards were frozen and stopped by the public security organs due to suspected fraud. From August 5 to October 18, 2019, ××××’s total fund inflow was .58 yuan, and its total fund outflow was yuan. Among them, 14,000 yuan defrauded by the victim Huang flowed into the card after multiple transfers. \n

This court believes that the defendants Li Hai and Li Wanghua knew that others were using information networks to commit crimes, but still provided them with payment and settlement assistance. The amount involved in the case for defendant Li Hai was .79 yuan.

The amount involved in the case by Li Wanghua was .58 yuan, and the circumstances were serious. The actions of the two defendants constituted the crime of assisting information network crimes. The prosecutor accused the two defendants of covering up and concealing the proceeds of crime, which was inaccurate and should be corrected. Defendants Li Hai and Li Wanghua truthfully confessed the main criminal facts after arriving at the case. Defendant Li Hai took the initiative to return the stolen goods and was given a lighter punishment. According to the evidence in this case, it can be seen that the defendants Li Hai and Li Wanghua conducted virtual currency transactions by buying below the market price and selling above the market price, knowing that many bank cards had been frozen or detained by the public security organs due to suspected telecommunications fraud. However, they continued to change their bank cards and continued to buy and sell virtual currencies. Some victims reported the crime and verified that the defrauded funds flowed into the bank cards involved. The two defendants’ actions should be found to constitute the crime of assisting information network criminal activities\n

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4. Conclusion\n

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Cryptocurrencies such as Bitcoin, Ethereum and Tether currently have a mixed reputation. Originally a neutral peer-to-peer electronic cash system, some have exploited its decentralized, unregulated, unrestricted and anonymous features for illicit purposes as a criminal tool. or money laundering methods. \n

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All mainland Chinese citizens should be aware of the risks associated with virtual currency transactions, and those engaged in virtual currency business activities in this industry should pay attention to criminal risk review. \n","to":"en","":{"":[12,86,21,147,48,6,18,92,117,65,63,60,5,72,5,51,54, 60,137,5,134,36,100,5,64,118,65,5,127,75,118,5,112,34,41,144,12,106,5,54,4]

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标签： #digital currency #virtual currency #legal #otc