交易虚拟货币被蹲苦劳
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Hat tricks are ever-changing
Most people think that in trading, the core difference between masters and ordinary players is that masters have mastered secrets that ordinary players don’t know. They think that as long as they tell me these secrets, I can also become a master trader and make stable profits. Obviously, this is a fallacy. Those trading logics that can really make long-term profits are not secrets at all. Every link of them can be found from public and consistent information, but you need to spend some effort to integrate and form your own trading model. More importantly, this model is not making money every moment, every day, every second. Its profit is more like a chaotic one, that is, I don’t know when I can make a profit, I only know that he has the expectation of making money in the long run. So the execution process is very painful, and most people have no way to persist. Only those traders who have strong cognition and absolute trust in this model can continue to output this international set. This is the biggest difference between real trading masters and ordinary players. Remember to like and follow, and continue to communicate! #Meme币你看好哪一个？ #交易虚拟货币被蹲苦劳 #山寨币热点 #BTC走势分析 #ETFvsBTC
Most people think that in trading, the core difference between masters and ordinary players is that masters have mastered secrets that ordinary players don’t know. They think that as long as they tell me these secrets, I can also become a master trader and make stable profits. Obviously, this is a fallacy. Those trading logics that can really make long-term profits are not secrets at all. Every link of them can be found from public and consistent information, but you need to spend some effort to integrate and form your own trading model. More importantly, this model is not making money every moment, every day, every second. Its profit is more like a chaotic one, that is, I don’t know when I can make a profit, I only know that he has the expectation of making money in the long run. So the execution process is very painful, and most people have no way to persist. Only those traders who have strong cognition and absolute trust in this model can continue to output this international set. This is the biggest difference between real trading masters and ordinary players. Remember to like and follow, and continue to communicate! #Meme币你看好哪一个？ #交易虚拟货币被蹲苦劳 #山寨币热点 #BTC走势分析 #ETFvsBTC
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#交易虚拟货币被蹲苦劳
The first case in the country! Trading virtual currency, not receiving stolen money, was convicted of illegal business operation
In 2022, a court made the first judgment in the country that trading virtual currency, not receiving stolen money, not exchanging currency, only buying and selling U S D T, was convicted of illegal business operation. After the judgment, the defendant did not appeal, so the case has come into effect.
This case is an offline cash transaction U case. The case is that on February 21, 2022, Li Si wanted to sell U, and agreed with the customer to hand over the money and U in Zhongshan City, Guangdong Province. For this reason, Li Si also specially hired a bodyguard Zhang San to escort. Li Si and the customer exchanged about 814,000 U in cash according to the exchange rate between RMB and US dollars on that day, totaling RMB 5.1 million. As a result, Li Si and Zhang San were caught by the police on their way back when they passed the Meizhou checkpoint, and RMB 5.1 million in cash was seized on the spot.
The trial court held that Li Si and Zhang San used the form of buying and selling virtual currency to cash in foreign exchange, which was a serious case and constituted the crime of illegal business operation. Li Si was the principal offender, and Zhang San participated in the whole process as a bodyguard and was aware of it, so he was an accomplice.
Finally, they were sentenced to 8 months in prison and 6 months in prison for illegal business operation. In addition, the 5.1 million yuan seized according to law was confiscated according to law. Li Si's mobile phone was a tool for committing crimes in trading virtual currency and was confiscated according to law.
1. Cash trading of US D T was convicted of illegal business operation
Before this, the reason why virtual currency constituted a criminal offense in the currency circle was that the stolen money received in the transaction, that is, the so-called black money, was presumed to be subjectively aware of it, which would either constitute a crime of aiding and abetting or a crime of concealing. And from the documents made public by the court, that is, the online search of Chinese judgment documents, trading virtual currency constitutes a criminal offense, which is only a crime of aiding and abetting or a crime of concealing.
2. Does buying US D T = buying US dollars?
The act of simply buying and selling US D T cannot and should not be classified as an illegal business operation of illegal foreign exchange trading. My personal opinion is as follows:
There are currently no laws, regulations, rules, normative documents, replies, etc. in my country that define USD T as foreign exchange. In addition, the "Notice on Further Preventing and Dealing with the Risks of Virtual Currency Trading Speculation" issued by the Supreme Court, the State Administration of Foreign Exchange and other ten departments on September 24, 2021 also defined virtual currency. Virtual currencies such as Tether have the main characteristics of being issued by non-monetary authorities, using encryption technology and distributed accounts or similar technologies, and existing in digital form. They are not legal tender and should not and cannot be circulated and used as currency in the market.It is very clear that virtual currency is a virtual commodity and does not belong to foreign exchange.
If the court believes that US D T is foreign exchange, it should also find the most authoritative foreign exchange administration to determine before making a judgment, and send a letter to the State Administration of Foreign Exchange to confirm whether US D T is foreign exchange and whether it is a disguised foreign exchange transaction. Of course, the reply letter of the State Administration of Foreign Exchange also needs to be cross-examined before it can become the basis for the judgment. Otherwise, first, there is still controversy over whether U is foreign exchange, and second, there is no letter to the State Administration of Foreign Exchange to confirm, and directly determine that US D T is foreign exchange, and the sale of U is an illegal transaction crime of illegal foreign exchange trading, which violates the principle of legality of crime and punishment in the Criminal Law.
Let's look at the typical foreign exchange cases related to virtual currency US D T issued by the State Administration of Foreign Exchange and the Supreme People's Procuratorate. The view is that the act of using virtual currency as a medium to realize the exchange of RMB and foreign exchange constitutes an illegal business crime. The perpetrator uses virtual currency as a medium to earn exchange rate differences by providing cross-border exchange and payment services. It is to use the special attributes of virtual currency to circumvent the national foreign exchange supervision and realize the value conversion of foreign exchange and RMB through the exchange of "foreign exchange-virtual currency-RMB". It is a disguised foreign exchange transaction and should be investigated for criminal responsibility for illegal business crime in accordance with the law. Note that foreign currency is eventually converted into RMB through US D T to achieve exchange.
One of the views is: knowing that others are illegally buying and selling foreign exchange and providing assistance through the exchange of virtual currency is an accomplice to the crime of illegal business operations. In my country, virtual currency does not have the same legal status as legal currency, but using virtual currency as a medium to help others indirectly achieve illegal exchange between local currency and foreign currency is an important link in the chain of illegal foreign exchange transactions and should be punished according to law. If the person who provides virtual currency conspires with the illegal foreign exchange transaction personnel in advance, or knowing that others are illegally buying and selling foreign exchange, and still provides substantial assistance to them to achieve the conversion between local currency and foreign currency through trading virtual currency, it constitutes a joint crime of illegal business operations. Providing virtual currency trading services to illegal foreign exchange transaction personnel, but only having a general understanding of the criminal behavior assisted, and not specifically understanding the crime of assisting in the crime of illegal foreign exchange transactions, can help to investigate criminal responsibility for the crime of information network criminal activities.
In short, it is necessary to use virtual currency US D T to realize the exchange of foreign exchange (RMB) - virtual currency US D T - RMB (foreign exchange). If the subject is aware of the other party's foreign exchange, it constitutes the crime of illegal business operation. If the aiding crime is only generally understood and does not know that the other party is illegally buying and selling foreign exchange, it constitutes the crime of aiding and abetting.
Reminder: In 2024, in the key areas of the virtual currency field, in addition to the criminal risk of receiving fraud funds and money laundering in virtual currency transactions, virtual currency-related foreign exchange online gambling will also be hit. At the end of December 2023, the Ministry of Public Security and the State Administration of Foreign Exchange jointly issued a 15.8 billion flash exhibition and move virtual currency to become an illegal foreign exchange business case, severely cracking down on the exchange case using virtual currency. In April 2024, Beijing cracked a 2 billion virtual currency exchange money laundering case.
In 2024, if your trading counterpart is an online gambler or a foreign exchange exchanger, there are certain legal risks. Now some online gambling platforms require gamblers to go to the exchange to buy US D T to recharge, and when withdrawing cash, they also withdraw US D T directly, completely stripping away the bank card. If you buy and sell US D T, knowing that the other party is an online gambler, and the other party buys your US D T for gambling, you trade with him and buy and sell, even if it is a normal price, you will be guilty of illegal business operation. Or if you know that the other party exchanges US D T with RMB and then exchanges US D T into US dollars, you provide US D T as a medium in the middle, and the other party uses US D T to achieve the purpose of currency exchange, and the amount exceeds 5 million or the profit exceeds 100,000 yuan, you will be guilty of illegal business operation.
The first case in the country! Trading virtual currency, not receiving stolen money, was convicted of illegal business operation
In 2022, a court made the first judgment in the country that trading virtual currency, not receiving stolen money, not exchanging currency, only buying and selling U S D T, was convicted of illegal business operation. After the judgment, the defendant did not appeal, so the case has come into effect.
This case is an offline cash transaction U case. The case is that on February 21, 2022, Li Si wanted to sell U, and agreed with the customer to hand over the money and U in Zhongshan City, Guangdong Province. For this reason, Li Si also specially hired a bodyguard Zhang San to escort. Li Si and the customer exchanged about 814,000 U in cash according to the exchange rate between RMB and US dollars on that day, totaling RMB 5.1 million. As a result, Li Si and Zhang San were caught by the police on their way back when they passed the Meizhou checkpoint, and RMB 5.1 million in cash was seized on the spot.
The trial court held that Li Si and Zhang San used the form of buying and selling virtual currency to cash in foreign exchange, which was a serious case and constituted the crime of illegal business operation. Li Si was the principal offender, and Zhang San participated in the whole process as a bodyguard and was aware of it, so he was an accomplice.
Finally, they were sentenced to 8 months in prison and 6 months in prison for illegal business operation. In addition, the 5.1 million yuan seized according to law was confiscated according to law. Li Si's mobile phone was a tool for committing crimes in trading virtual currency and was confiscated according to law.
1. Cash trading of US D T was convicted of illegal business operation
Before this, the reason why virtual currency constituted a criminal offense in the currency circle was that the stolen money received in the transaction, that is, the so-called black money, was presumed to be subjectively aware of it, which would either constitute a crime of aiding and abetting or a crime of concealing. And from the documents made public by the court, that is, the online search of Chinese judgment documents, trading virtual currency constitutes a criminal offense, which is only a crime of aiding and abetting or a crime of concealing.
2. Does buying US D T = buying US dollars?
The act of simply buying and selling US D T cannot and should not be classified as an illegal business operation of illegal foreign exchange trading. My personal opinion is as follows:
There are currently no laws, regulations, rules, normative documents, replies, etc. in my country that define USD T as foreign exchange. In addition, the "Notice on Further Preventing and Dealing with the Risks of Virtual Currency Trading Speculation" issued by the Supreme Court, the State Administration of Foreign Exchange and other ten departments on September 24, 2021 also defined virtual currency. Virtual currencies such as Tether have the main characteristics of being issued by non-monetary authorities, using encryption technology and distributed accounts or similar technologies, and existing in digital form. They are not legal tender and should not and cannot be circulated and used as currency in the market.It is very clear that virtual currency is a virtual commodity and does not belong to foreign exchange.
If the court believes that US D T is foreign exchange, it should also find the most authoritative foreign exchange administration to determine before making a judgment, and send a letter to the State Administration of Foreign Exchange to confirm whether US D T is foreign exchange and whether it is a disguised foreign exchange transaction. Of course, the reply letter of the State Administration of Foreign Exchange also needs to be cross-examined before it can become the basis for the judgment. Otherwise, first, there is still controversy over whether U is foreign exchange, and second, there is no letter to the State Administration of Foreign Exchange to confirm, and directly determine that US D T is foreign exchange, and the sale of U is an illegal transaction crime of illegal foreign exchange trading, which violates the principle of legality of crime and punishment in the Criminal Law.
Let's look at the typical foreign exchange cases related to virtual currency US D T issued by the State Administration of Foreign Exchange and the Supreme People's Procuratorate. The view is that the act of using virtual currency as a medium to realize the exchange of RMB and foreign exchange constitutes an illegal business crime. The perpetrator uses virtual currency as a medium to earn exchange rate differences by providing cross-border exchange and payment services. It is to use the special attributes of virtual currency to circumvent the national foreign exchange supervision and realize the value conversion of foreign exchange and RMB through the exchange of "foreign exchange-virtual currency-RMB". It is a disguised foreign exchange transaction and should be investigated for criminal responsibility for illegal business crime in accordance with the law. Note that foreign currency is eventually converted into RMB through US D T to achieve exchange.
One of the views is: knowing that others are illegally buying and selling foreign exchange and providing assistance through the exchange of virtual currency is an accomplice to the crime of illegal business operations. In my country, virtual currency does not have the same legal status as legal currency, but using virtual currency as a medium to help others indirectly achieve illegal exchange between local currency and foreign currency is an important link in the chain of illegal foreign exchange transactions and should be punished according to law. If the person who provides virtual currency conspires with the illegal foreign exchange transaction personnel in advance, or knowing that others are illegally buying and selling foreign exchange, and still provides substantial assistance to them to achieve the conversion between local currency and foreign currency through trading virtual currency, it constitutes a joint crime of illegal business operations. Providing virtual currency trading services to illegal foreign exchange transaction personnel, but only having a general understanding of the criminal behavior assisted, and not specifically understanding the crime of assisting in the crime of illegal foreign exchange transactions, can help to investigate criminal responsibility for the crime of information network criminal activities.
In short, it is necessary to use virtual currency US D T to realize the exchange of foreign exchange (RMB) - virtual currency US D T - RMB (foreign exchange). If the subject is aware of the other party's foreign exchange, it constitutes the crime of illegal business operation. If the aiding crime is only generally understood and does not know that the other party is illegally buying and selling foreign exchange, it constitutes the crime of aiding and abetting.
Reminder: In 2024, in the key areas of the virtual currency field, in addition to the criminal risk of receiving fraud funds and money laundering in virtual currency transactions, virtual currency-related foreign exchange online gambling will also be hit. At the end of December 2023, the Ministry of Public Security and the State Administration of Foreign Exchange jointly issued a 15.8 billion flash exhibition and move virtual currency to become an illegal foreign exchange business case, severely cracking down on the exchange case using virtual currency. In April 2024, Beijing cracked a 2 billion virtual currency exchange money laundering case.
In 2024, if your trading counterpart is an online gambler or a foreign exchange exchanger, there are certain legal risks. Now some online gambling platforms require gamblers to go to the exchange to buy US D T to recharge, and when withdrawing cash, they also withdraw US D T directly, completely stripping away the bank card. If you buy and sell US D T, knowing that the other party is an online gambler, and the other party buys your US D T for gambling, you trade with him and buy and sell, even if it is a normal price, you will be guilty of illegal business operation. Or if you know that the other party exchanges US D T with RMB and then exchanges US D T into US dollars, you provide US D T as a medium in the middle, and the other party uses US D T to achieve the purpose of currency exchange, and the amount exceeds 5 million or the profit exceeds 100,000 yuan, you will be guilty of illegal business operation.