The criminal risk of providing point exchange services

Since the game currency in the early years, Internet point rewards have been used as an important business model to exchange for specific props, membership rights, etc. After the release of the 94 announcement, some project parties packaged virtual currency as the concept of Internet credits. In 2018, the leaders of the Central Bank’s Currency, Gold and Silver Bureau published an article "Strengthening Virtual Currency Supervision and Firmly Safeguarding National Currency Issuance Rights", which specifically mentioned the concept of Internet points and the bottom line of supervision. Exchange; the second is to control the scope of use. The scope of use of Internet credits must be within the platform. Different legal entities participating in transactions on some platforms cannot be used in common use, and consumers cannot transfer each other; the third is to limit the holding income. Virtual currency itself No interest can be attached. However, illegal and criminal activities such as pyramid schemes or illegal fundraising in the name of points are still not uncommon.

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At present, there are two mainstream modes of points exchange adopted by merchants, one is reward points and the other is recharge points. In the reward point mode, users purchase their goods or services through the operator's app or offline, or complete specific tasks, etc., or obtain points rewarded by the operator. The points can only be used for the app or platform operated by the operator and Products or services provided by cooperative merchants. Some e-commerce companies also adopt the business model of recharging in exchange for points. According to the rules of the e-commerce platform, users recharge RMB in exchange for points in a certain proportion, and the points can be used to purchase goods or services on the platform.

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The recharge points set by the enterprise are essentially a commercial prepaid card sold by the platform to users, that is, the prepaid voucher for the enterprise to redeem goods or services, including physical cards with magnetic stripe cards, chip cards, paper coupons, etc. , serial code, graphics, biometric information, etc. If the prepaid card is limited to the enterprise or the group to which the enterprise belongs or the franchise system of the same brand, it is a single-purpose commercial prepaid card. According to Article 7 of the "Single-purpose Commercial Prepaid Card Management Measures (Trial)", Go to the commercial department for filing; if cross-group exchange is performed beyond the aforementioned scope, it is a multi-purpose commercial prepaid card.

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According to the "Notice on Standardizing the Management of Commercial Prepaid Cards" issued by the People's Bank of China and the Ministry of Supervision, any non-financial institution shall not issue multi-purpose prepaid cards without the approval of the People's Bank of China. As a non-financial institution, the issuance of multi-purpose commercial prepaid cards that can be used across regions, industries, and legal entities must be approved by the People's Bank of China.

In addition, Article 2 of the "Administrative Measures for Payment Services by Non-financial Institutions" formulated by the People's Bank of China states that payment services by non-financial institutions refer to non-financial institutions providing some or all of the following currency fund transfer services as intermediaries between payers and payees. Payment cards are payment services for non-financial institutions. To provide prepaid card services, a "Payment Business License" should be obtained. It is worth noting that according to the People's Bank of China's "Administrative Measures for the Prepaid Card Business of Payment Institutions", prepaid cards can only be recharged through cash and bank transfers, and institutions that handle "Internet payment" business at the same time can issue prepaid cards for online payment .

Therefore, if the enterprise has not obtained the "Payment Business Permit" and has not handled the "Internet Payment" business, if it provides recharge to obtain point rewards, and uses the points for cross-group consumption and exchange, it may be in accordance with Article 22 of the Criminal Law. Paragraph 3 of Article 15, "Illegally operating securities, futures, and insurance businesses without the approval of the relevant state authorities, or illegally engaging in fund payment and settlement businesses" constitutes a crime of illegal business operations.

If the enterprise sells designated products whose price and value deviate seriously or sells self-issued points in the name, the participants purchase a certain number of products or a certain amount of points to obtain membership, and form a hierarchy in a certain order, directly or indirectly with the development The number of personnel is used as the basis for remuneration or rebates to lure point buyers to continue to develop others to participate and defraud property, which may constitute the crime of organizing and leading pyramid selling activities in Article 224-1 of the Criminal Law.

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