Babbitt column | Xiao Wei: Digital wallet "running the road", is it a strange sin?

The day before yesterday, in a forum of the general economics and the old friends of the industry, PK, the sister-in-law believes that the criminal law risk of the currency-related business is very heavy, not only at home, but also in the international, the anti-money laundering task of the virtual currency (digital currency) is arduous. There are moral hazard. If you are not careful, you will be linked to money laundering and other crimes . We used to care more about ICO project parties and exchanges. We think that digital wallet compliance is better. However, the running of a large digital wallet allows us to reflect. …..

1

Wallet, what kind of wallet to do

After 9.4, friends from the currency circle went to the sea ​​to find laws and policies . Some friends came to Singapore to set up a foundation to start nesting overseas structures. Some friends came to neighboring Japan to establish a currency exchange or conduct OTC with local amnesty. Trading; some friends came to Hong Kong to fight for the operation of the virtual currency placement business; some friends traveled across the ocean to several states in the United States, seeking SEC's lenient and striving for STO opportunities.

We have no objection because the law is local and not unified. Each country has its own legal culture and tradition, and has its own means of understanding and managing securities. However, for the wallet, we did relax our vigilance .

In 2014, there were cases in which a few panic-bearers in a certain city of Guangdong came to the police station to report that their bitcoin was “blackened” by a brick-and-mortar website called XX, and the producer of this website was a young man. The staff of the institution. Inside, later, sister-in-law became the defense lawyer of the young man. At that time, the crime was convicted of fraud, and we did not think it constituted fraud .

At the moment, the exchange is basically squeezed out of the mainland; ICO and disguised ICO are identified as “illegal public financing behavior”; except for the media, training and wallet, the currency circle is almost completely annihilated (we refer to the law). There is no exchange behind the media, we do not blame; the legal risk of training is the smallest, it is more difficult to promote; digital wallet, because there is a general rule of the civil law on the "virtual property legal protection", plus a certain IT technology content becomes the chain two The circle intersects the field.

The book is divided into only the digital wallet with security performance, legal and compliant; however, the bad money drives out the good money, and the honesty is not stolen by others. This kind of demand is far behind, "there is a value added in my wallet" temptation It is okay, so almost all digital wallets have moved their minds to preserve the value of digital assets, which has led to a series of risks.

2

Illegal access to computer information system data and illegal control of computer information systems

In the past, the money-related cases handled by sister-in-law were considered by the public security organs, procuratorial organs, and judicial organs to be insolvent cases . That is to say: the case handling agency handled the case involving the virtual currency as a general infringement of the property rights of ordinary people.

Readers should not be fortunate to say that they only punish the money and not sentence them. In most cases, they are still convicted and sentenced. The crimes involved (ranked according to the frequency of the crimes) include Article 266 of the Criminal Law, Article 225 of illegal business, and 192 The crime of fund-raising fraud, the organization of one of the 224th articles, and the crime of leading pyramid schemes.

The trend in recent years has changed . With the understanding of blockchain technology in our country's judicial organs, familiarity with new things such as virtual currency, it is not limited to 2013 when it is determined whether the virtual currency is a "property" in the sense of criminal law. Bitcoin is a kind of “specific virtual goods”, but it is a virtual currency other than Bitcoin (some of which is also considered as a virtual commodity in the judicial practice). It is regarded as “data” rather than “property”. Therefore, the crime changed to: Article 285 of the Criminal Law was illegally obtained from computer information system data.

Violation of national regulations, intrusion into computer affairs systems outside national affairs, national defense technology, and cutting-edge technology, or other technical means to obtain data stored, processed or transmitted in the computer information system, or to illegally control the computer information system, If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished with a single penalty; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and fined.

3

Help behavior also constitutes a crime

Friends of the currency circle said that we are just a technology outsourcing team, and there is no formal contract. Everyone has a part-time job to do something fun and exciting. We must regret to say that the risks of technicians are not small .

According to the provisions of our country's criminal law: providing procedures and tools specifically for intrusion, illegal control of computer information systems, or providing them with procedures and tools for knowing others to commit intrusions or illegally controlling computer information systems, if the circumstances are serious, convictions (ie " providing intrusion, illegal control of computer information system procedures, tools crimes ").

That is to say, in the value-added link of an exchange or a wallet, if there is an act of trespassing or controlling another person's computer program in data rollback or other black-box operation, the technician who helps him to complete the behavior constitutes a crime.

At the same time, readers will also care, since the virtual currency is now treated as "data", is the data worth the money? How does the law view data theft and other issues?

According to the two high explanations on the application of the law on the application of criminal law in the criminal cases of computer information system security, illegal access to computer information system data or illegal control of computer information systems, illegal income of more than 5,000 yuan or economic losses of more than 10,000 yuan, belongs to The circumstances are serious and can be included in the crime. This is the threshold for sin, please ask your old friends to ask yourself.

4

Written at the end

In the case of digital wallet running, there may be many suspected crimes. We have already described the crimes of fraud, money laundering, fund-raising fraud, organization and leadership of pyramid schemes, but we think that people often ignore : illegal access to computer information system data. Sin . Therefore, we want to do a little work in law, let the friends in the industry understand the evolution of the judicial point of view, and have appropriate psychological expectations for crimes and sentences.

As for the extradition and other issues that everyone cares about, we will not analyze them one by one in this article. In the past six months, the currency circle has gradually moved from the bear market, and the post-95 procedures that have been invested in it have become more and more. Everyone’s money may have been borrowed from various financial institutions. I urge you not to be both a victim and a criminal. Suspects, the taste of double suffering can be uncomfortable.

The above is today's sharing, grateful readers.

Author: Xiao Sa

Source: Xiao Wei Lawyer