Do blockchain platform management, get cheated, will you be caught? 5

It should be calculated according to the actual situation, if it is the manager of the platform who insists on doing it despite knowing that he has violated the law, then it must be a kind of fraud, and the crime of knowing the law and committing the law is added to one degree, understand! Of course, the criminal liability may not be so serious, but joint and several liability is absolute. In the case of police interrogation, one thing to identify is that you are the victim, and you are just a small manager.

Blockchain is legitimate.

Before the blockchain investment, there was no clear law to prove its legality in China, and there was no law prohibiting the development of blockchain, but there are also very large legal risks under the appearance of high returns.

First of all, due to its lack of supervision, most of its circulation and trading forms are similar to the issuance and listing of **, and there is the act of setting up an exchange for trading. Its transaction process and transaction results are not transparent, and it is difficult to regulate problems encountered. Moreover, its formation mechanism is not transparent, and the transaction is subject to ups and downs, which is easy for investors to suffer huge losses.

Secondly, it itself has not been approved by the central bank, and cannot be used as a monetary bridge in China, once it encounters policy supervision, it is likely to encounter the risk of no one taking over, and the property law does not clearly protect the corresponding provisions of digital currency, therefore, speculating on the blockchain is equivalent to running naked in the cold winter, which is very dangerous.

Finally, although blockchain is not illegal, it does not rule out that as a currency outside of supervision, it is used by a small number of fraudsters and illegal fundraisers as a tool for illegal and criminal money laundering. Block.

Legal analysis: Look at the sentencing time based on the size of the amount.

1. Where the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine;

2. where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given;

3. Where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious and serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

1. Sentence: Sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine. 2. Amount standard:

Fraud of public or private property with a value of 3,000 to 10,000 yuan or more is found to be a relatively large amount as provided for in article 266 of the Criminal Law, and in practice Liang Zhao is rarely sentenced to controlled release or a separate fine, but there are many sentences of short-term detention and fines, and short-term detention is generally sentenced to several months' rent.

Legal analysis: According to the provisions of relevant laws of our country, if the use of blockchain information services to engage in illegal activities, the local Internet information office shall give a warning according to its duties, order it to make corrections within a time limit, suspend the relevant business before making corrections, and impose fines for refusing to make corrections, and pursue criminal responsibility if it constitutes a crime.

Legal basis: Article 21 of the Provisions on the Administration of Blockchain Information Services Article 21 Where a blockchain information service provider violates the provisions of Article 10 of these Provisions by producing, reproducing, publishing, or disseminating information content prohibited by laws or administrative regulations, the State and provincial, autonomous region, or municipality Internet Information Offices shall give warnings and order corrections to be made within a set period of time, and shall suspend relevant operations before making corrections; where corrections are refused or the circumstances are serious, a concurrent fine of between 20,000 and 30,000 RMB is to be given; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Where blockchain information service users violate the provisions of Article 10 of these Provisions by producing, reproducing, publishing, or disseminating information content prohibited by laws and administrative regulations, the State and provincial, autonomous region, or directly governed municipality Internet information offices shall handle it in accordance with the provisions of relevant laws and administrative regulations.

If the party is defrauded due to blockchain-related reasons, it can directly report to the local public security organ, and the perpetrator of the fraud will be held accountable according to the facts of the case. The Criminal Procedure Law stipulates that a victim has the right to report or make a complaint to the public security organ, the people's procuratorate or the people's court against the facts of the crime or the criminal suspect who has violated his or her personal or property rights.

Article 110 of the Criminal Procedure Law of the People's Republic of China: Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts. Victims have the right to report or make accusations to the public security organs, people's procuratorates, or people's courts against the facts of a crime or a criminal suspect who violated their rights in person or property. Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports.

Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs. Where the offender voluntarily surrenders to the public security organs, people's procuratorates, or people's courts, the third provision on blind collection of funds applies.

Analysis of the law: According to the law, if the amount of fraud is more than 3,000 yuan, the public security organ shall file a case for investigation and pursue the legal responsibility of the perpetrator. Your amount is small and has not yet met the criteria for filing a case. You can sue the court to get your money back.

Legal basis: "Criminal Law of the People's Republic of China" Article 266: Where public or private property is defrauded, and the amount is relatively large, the sentence is to be up to three years imprisonment, short-term detention or controlled release, and/or where the penalty is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the deficit is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Where blockchain is used to defraud public or private property, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

1. How long can I be sentenced for fraud of 4,000 yuan?

A sentence of up to three years imprisonment, short-term detention or controlled release is to be given. The fraud of 4,000 yuan belongs to the scope of defrauding public and private property in a relatively large amount. The relevant laws provide that where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine.

where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; Where the amount of money is particularly large or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions.

II. The crime of fraud has been sentenced and punished.

The sentencing penalties for the crime of fraud are as follows:

1. Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention, or controlled release is to be given;

2. If the amount involved is huge, the sentence is between three and ten years imprisonment;

3. Where the amount is especially huge, the sentence is to be 10 or more years imprisonment or life imprisonment.

Article 266 of the Criminal Law stipulates that whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

3. How should the software be sentenced?

**The sentencing for software fraudsters is: where the amount is relatively large, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

1. How to sentence blockchain fraud.

1. The sentencing standards for blockchain fraud are as follows:

1) where the amount of fraud is relatively large, a sentence of up to three years imprisonment and a concurrent fine is to be given;

2) Where the amount of fraud is huge or there are serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine shall be given;

3) Where the amount is especially huge or there are especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

2. Legal basis: Article 192 of the Criminal Law of the People's Republic of China.

Crime of fundraising fraud] Where fraudulent methods are used to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Shenji.

2. How to sentence customer service for telecom fraud.

It depends on the situation. If the customer service clearly knows that the fraud carried out by the company is still working for a period of time, it shall be punished as an accomplice, and the punishment shall be mitigated, commuted or waived within the scope of sentencing; Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine.