Since the birth of the first Bitcoin in 2009, it has attracted the attention of countless people.
According to the data of the cryptocurrency website website coinmarketcap.com, the current price of Bitcoin is about 10,000 US dollars and the market value is 180 billion US dollars. This has risen 4 million times its original transaction price.
Bitcoin is becoming more and more valuable. As the world's largest mining machine manufacturer, the mining giant with a large amount of bitcoin, it is naturally the object of criminals.
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Employee remote theft of 100 bitcoins
A few days ago, the China Referee Document Network announced such a case, a Bit China mainland employee remotely invaded the company's Alibaba Cloud server and stolen 100 bitcoins.
According to the judgment documents, the defendant Zhong Moumou has been the operation and maintenance development engineer of Beijing Bit Continental Technology Co., Ltd. (hereinafter referred to as “Bit Continental”) since November 16, 2015. From 12:00 on September 15th, 2017 to 1st of the following day, in Haidian District, Beijing, remotely control the computer at Bitcoin's workstation by using TEAMVIEWER software, and use ROOT permission to enter the company's leased Alibaba Cloud server. Inserting the code in the Bitcoin wallet program transfers 100 bitcoins to their personal "wallet" on the Internet site. At 9 o'clock on September 16 of the same year, Bitcoin found that the company's bitcoin balance on the network was insufficient. He told Beijing Chuangyu Information Technology Co., Ltd. to seek help and pay "information technology service fee" and "security service fee" of RMB 3.6. Ten thousand yuan.
After the incident, the defendant Zhong Moumou automatically filed a case and was detained on January 2, 2018. It has refunded Bitcoin's Bitcoin 90.
The court held that the defendant Zhong Moumou illegally obtained computer information system data by technical means, causing economic losses of more than 10,000 yuan, and the circumstances were serious. His behavior constituted an illegal acquisition of computer information system data and should be punished.
In view of the fact that the defendant Zhong Mou automatically surrendered after committing a crime and truthfully confessed his crime, he surrendered himself, so the court gave him a lighter punishment according to law. In accordance with Article 185, paragraph 2, Article 67, paragraph 1, Article 53, Article 64 of the Criminal Law of the People's Republic of China, and the Supreme People's Court and the Supreme People's Procuratorate Interpretation of Several Issues Concerning the Application of Law in Criminal Cases of Computer Information System Security Article 1 (4) stipulates that the defendant Zhong Mou was guilty of illegally obtaining computer information system data and was sentenced to one year and three months imprisonment and a fine of five yuan. Ten thousand yuan; 10 yuan of bitcoin recovered from the defendant Zhong Moumou and returned to Beijing Bitland Technology Co., Ltd.
Not sentenced to theft, the seriousness of criminal trial
Bitcoin is a virtual property. Why is it that the man steals 100 bitcoins, is it a crime against illegal access to computer information systems, not theft?
In this regard, "Daily Economic News" reporter interviewed Sun Zhiyong, a senior partner of Beijing Tianchi Juntai Law Firm and a visiting professor at China University of Political Science and Law. Sun Zhiyong analyzed the "Daily Economic News" reporter. The main text of the judgment has two items: First, the defendant Zhong Moumou committed the crime of illegally obtaining computer information system data, and was sentenced to one year and three months in prison and a fine of RMB 50,000. Second, the defendant Zhong Moumou recovered 10 illegal bitcoins and returned to Beijing Bitland Technology Co., Ltd. Judging from the second item of the judgment main text, the people's court recognized the property nature of Bitcoin and recovered the bitcoin recovered from Zhong.
So why is the first item in the judgment of the main article not identified as a theft crime? There may be mainly the following considerations:
1. To clarify the nature of the virtual goods of Bitcoin, mainly based on the notice of the People's Bank of China and the Ministry of Industry and Information Technology on December 5, 2013. The notice confirms the nature of Bitcoin's assets and it is okay to return the bitcoin.
2. However, the identification of the nature of this bitcoin asset is not a legislative determination by the legislature. It is not even the administrative regulations of the State Council or the departmental regulations of various departments. It is only a "notice". From a legislative perspective, the level is relatively low.
3. The legal basis for criminal trials is very strict and should follow the basic principle of “no law is not a crime”. In the absence of legislation to confirm the properties of Bitcoin assets, the prosecution of sentencing without theft also reflects the seriousness of criminal trials. At the same time, for this apparently serious violation of the law, it is understandable to use the illegal acquisition of computer information system data for conviction and sentencing without clear legislation. Every reporter Liu Yongsheng
Article source: Daily Economic News