Article source: Huashang.com
Original title: "Investment Bitcoin 30,000 yuan" disappeared Female college students sue boyfriend to compensate
Under the guidance of her boyfriend, a female university student in Xi'an paid 30,000 yuan to purchase DC coins. She wanted to invest in the way of replacing it with bitcoin. After a few months, she found that the two transaction records could not be found! As a result, a pair of lovers broke up, and she also sued her boyfriend for compensation, while her boyfriend said that it was the investment platform that the money was based on.
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I found no transaction record after investing in the coin under the guidance of my boyfriend.
Zhang is a female college student at a university in Xi'an. After an accidental encounter, she and her alumnus Limou love each other and develop into a relationship between men and women. After the relationship between the two sides was established for a period of time, in November last year, Zhang discovered that Li had the habit of investing online, and the income was considerable and envied. When Lee saw this, he suggested that she could guide her to invest.
Subsequently, Li directed Zhang to register an account on a digital currency investment platform and bind the bank card. Li operated Zhang’s account and purchased 9888 DC coins (an electronic currency) for Zhang, and then replaced the OTC coins (ie Bitcoin) with Zhang for DC . On February 2 this year, Zhang once again paid more than 20,000 yuan to purchase DC coins according to the instructions of her boyfriend.
In March, Zhang found that he did not have the above two transaction records in his account and found his boyfriend to ask. Li said that he had indeed purchased DC coins for Zhang. As for why there is no transaction record, he did not know. The two men argued for this and parted ways.
On June 6 this year, Zhang sued the court and asked Li to compensate him for 30,000 yuan and pay interest.
The Weiyang District Court held that, according to the notices and announcements issued by the People's Bank of China and other departments, the virtual currency is not a real currency. The DC currency should be a specific virtual commodity. It cannot and should not be used as currency in the market. The behavior of citizens investing in and trading DC coins is illegal, but it is not protected by law .
Zhang entrusted Li to purchase DC coins, and the two sides formed a trust relationship. However, Zhang’s entrustment to Li’s investment and trading of DC currency is not protected by law in China. Therefore, the entrustment between Zhang and Li should be invalid, and the consequences should be borne by Zhang .
Although Li has operated the plaintiff's account, the amount of the purchase of the DC currency was paid by Zhang himself. Zhang did not have direct evidence to prove that Li had the above amount as his own, so he claimed that Li would compensate the investment capital by more than 30,000 yuan. Claims for yuan and interest are not supported by law.
Judge reminds: raising bitcoin is illegal public financing
After the verdict was pronounced, the defendant Li said that the investment platform not only used Zhang’s two purchases of DC coins as his own, but also frozen and transferred the DC currency worth 400,000 yuan in his friend’s account. .
The investigating judge reminded that on September 4, 2017, the People's Bank of China and other departments issued the "Announcement on Preventing the Risk of Subsidy Issuance Financing", stating:
Token issuance financing refers to the illegal sale and circulation of tokens through the tokens, and the so-called “virtual currency” such as bitcoin and Ethereum is raised by investors. It is an illegal public financing, suspected of illegally selling tokens, Illegal issuance of securities and illegal criminal activities such as illegal fund-raising, financial fraud, and pyramid schemes.
Tokens or “virtual currency” used in token financing are not issued by monetary authorities, do not have monetary attributes such as legal and mandatory, do not have legal status equivalent to currency, and cannot and should not be circulated as money in the market. In use, no organization or individual may illegally engage in token issuance financing activities. Any so-called token financing trading platform shall not engage in the exchange of legal currency and tokens, or “virtual currency”, and may not buy or sell or trade as a central counterparty. Token or "virtual currency".
In real life, all kinds of illegal investment adopt investment platforms of online trading methods, and the servers are all abroad. Once investors put funds into the online trading platform, the platform organizers can close the platform at any time and take away the hard-earned money of investors. (Hua Shangbao reporter Ning Jun, correspondent Cui Xiaomei)