Case analysis: OTC in the currency circle and the crime of helping information network criminal activities.

Friends in the currency circle will definitely wonder why virtual currency OTC transactions are related to the crime of helping information network crimes? The team members sorted out the relevant judicial cases, and analyzed the relationship between the two and the disputes in judicial practice in detail through the method of "interpreting the law with cases"! ! !

In the case of Dong being defrauded, the public security organ found that 50,000 of the 1.2 million yuan defrauded from his home in Zhengdong New District, Zhengzhou City entered the China Post Savings Card handled by Zheng Moufan on May 8, 2020. , The defendant Liu Moufu, who was later controlled by the card, transferred it by purchasing TEDA coins and withdrawing cash from ATM machines.

Article 287-2 of the "Criminal Law": Knowing that others use information networks to commit crimes, providing Internet access, server hosting, network storage, communication transmission and other technical support for their crimes, or providing assistance in advertising promotion, payment and settlement, etc. , if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or solely.

The Ministry of Industry and Information Technology organizes the collection of typical application cases of blockchain: Golden Finance News, recently, the Ministry of Industry and Information Technology issued a notice to organize the collection of typical application cases of blockchain in 2022. The collection directions include: innovative technologies and products, blockchain + real economy, blockchain + livelihood services, blockchain + smart cities, blockchain + government services. The application cases should comply with the relevant national laws and regulations and relevant industrial policy requirements, have been implemented and achieved results, have a high level of technology, obvious industry or regional characteristics and mature business models, and have strong representativeness, demonstration and innovation It can fully reflect the technical characteristics and applicable scenarios of blockchain, and has strong reference significance and promotion value for related industries or enterprises. (China Securities Network) [2022/9/8 13:15:44]

The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Criminal Cases of Illegal Use of Information Networks and Assistance in Information Network Crimes" (Fa Shi [2019] No. 15) implemented on November 1, 2019 The crime of information network crime provides a legal basis.

"Jinan High-tech Zone 'Blockchain + Government Services' Platform" Case Release: On August 17, the Chinese Academy of Engineering's "China Blockchain Development Strategy Research" project released "Jinan" in the column "Discover 100 Chinese Blockchain Innovation Applications" High-tech zone "block chain + government service" platform" application case. Overall, the Jinan High-tech Zone's "blockchain + government service" platform has built a trusted system and environment for online and offline government services. On-chain and off-chain government affairs data realizes effective coordination, promotes cross-departmental and cross-system credible transfer of government affairs data and online collaborative handling of departmental business, which has played a significant leading and exemplary role in the field of government affairs services. (Securities Daily) [2021/8/17 22:19:29]

Article 11 of the Judicial Interpretation stipulates the criteria for the determination of "knowledge" for the crime of aiding information network crimes, and adopts "specific examples + back-and-forth clauses + refutation rules" in the expression mode of "knowledge" determination: providing technical support for others to commit crimes Or to help, under any of the following circumstances, it can be determined that the perpetrator knows that others use the information network to commit crimes, unless there is evidence to the contrary:

The Ministry of Justice released the second batch of typical cases of public legal services for epidemic prevention and control and business resumption, one of which is related to the blockchain: On April 1, the Ministry of Justice released the second batch of public legal services for epidemic prevention and business resumption Typical Case. One of the cases is "Electronic Judicial Appraisal Opinion Plays Outstanding Service and Management Efficiency During the Epidemic". The Guangzhou Municipal People's Procuratorate and the Guangzhou Municipal Public Security Bureau jointly issued a notice stating that Guangzhou took the lead in building a "public law chain", and the city's identification agencies were uniformly connected. The city's annual approximately 100,000 identification and prosecution cases fully implemented electronic judicial identification opinions for external storage, evidence collection services and The new mode of management, at the same time completely stop the traditional handwritten signatures and stamped paper appraisal opinions, and no longer actively provide door-to-door collection and express delivery services.

Electronic judicial appraisal opinions follow the provisions of the "Electronic Signature Law of the People's Republic of China", use blockchain and other new technologies to efficiently encrypt and prevent tampering, and use face recognition technology to confirm the identities of appraisers and reviewers who undertake judicial appraisal cases, and review judicial After the manuscript of the appraisal opinion is issued. The digital certificate of the signature of the judicial authenticator and the seal of the judicial authentication institution is issued by the authoritative CA institution. After the electronic judicial appraisal opinion is generated, the client and the user can use the received unified case number and verification code on the "Guangzhou Public Law Chain Evidence Platform" "Query, access and download. The electronic judicial appraisal opinion is equally effective as the paper judicial appraisal opinion, and the social response is very enthusiastic. [2020/4/2]

Carrying out relevant acts after being notified by the supervisory authority;

News | The new book of China Fortune Publishing House uses Metaverse DNA as a case to introduce the charm of token economy: Recently, it was published by China Fortune Publishing House, a state-level publishing house. "Digital Gold" was officially released. Taking Metaverse DNA as a case, the book introduces the development trend and economic charm of the future token economy era. The book points out that Metaverse is the leading public blockchain in China, and Metaverse DNA focuses on digital identity, digital assets, and value intermediaries, and provides blockchain technology solutions for enterprises, financial institutions, credit institutions, and property rights traceability. .

It is reported that Metaverse DNA was officially launched on the leading exchange ZB at 14:00 today (February 9). [2020/2/9]

Failing to perform statutory management duties after receiving the report;

The transaction price or method is obviously abnormal;

Provide programs, tools or other technical support and assistance specially used for illegal and criminal activities;

Frequently adopting measures such as concealed surfing the Internet, encrypting communications, destroying data, or using false identities to evade supervision or investigation;

Providing technical support and assistance for others to evade supervision or evade investigation;

Other circumstances sufficient to determine that the perpetrator knew it.

In judicial practice, the logic of criminalization by the public security organs and the procuratorate is: in the process of selling virtual currency, the receiving account is often frozen by the public security organs. However, the merchant still continues to apply for a bank card to sell virtual currency to collect money. Knowing that others often launder money or sell stolen goods by selling coins, the merchants who launched the virtual currency still continue to open cards to sell coins, which has the indirect intention of helping information cybercrime activities. the

However, the author holds a negative attitude towards this. Regarding the issue of the "knowledge" determination of the crime of aiding information network crimes, we must prevent the "knowledge" determination from "expanding". In the process of digital currency transactions, OTC merchants cannot just rely on the fact that their bank cards have been frozen before and the police have contacted them, so they can be deemed as OTC merchants "knowingly".

First of all, OTC merchants face different transaction partners during the transaction process, and cannot know whether any sum of money paid by each transaction partner is stolen money, and they are not obliged to review funds. Even if the police had contacted the OTC merchant before, it was only for one of the problematic payments from the previous object. Afterwards, the OTC merchant continued to engage in OTC transactions, and did not know whether the subsequent payments from customers were stolen money.

Secondly, OTC belongs to the field of legal supervision blank. For the field of private rights, there is no prohibition in the law, that is, freedom. OTC transactions are legal, and pure OTC transactions should not be prohibited. Documents such as "Notice on Preventing Risks of Bitcoin" (2013), "Announcement on Preventing Financing Risks of Token Issuance" (2017), although they denied the legal status of "virtual currency" as currency, they did not deny it. As a property attribute of a commodity. According to the principle of freedom without prohibition, it is not illegal for the applicant to simply engage in digital currency transactions.

Finally, according to the principle of simultaneous existence of behavior and behavior object, behavior and intention. The perpetrator had subjective knowledge that the previously frozen transaction amount was stolen money after the public security notice, but there was no possibility of subjective knowledge of whether the money of the OTC transaction partner engaged in afterwards was stolen money, and naturally there was no criminal intent . And in the process of OTC transactions, digital currency merchants often also review the buyer's flow and ask whether the source of funds is legal and other risk control measures to prevent receiving stolen money.

In the process of engaging in OTC transactions, accidentally receiving stolen money may lead to the freezing of the receiving account, or the crime of helping information network criminal activities, concealing criminal proceeds and its proceeds. If you are detained or arrested due to suspected crimes, it is recommended to entrust a professional lawyer to deal with it as soon as possible to protect your legal rights.

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