He was caught preparing to rob Bitcoins, but was still convicted of robbery! (From Coinsradar.net)

Lai learned that the victim Peng had at least 5 Bitcoins, so he had the idea of ​​"getting" a few Bitcoins from Peng.

Lai came to Yichun City, Jiangxi Province, and was worried that he could not control the other party alone, so he posted on Baidu Tieba to invite many people to rob Peng of Bitcoins. The defendant Xiang saw the information posted by Lai in Baidu Tieba, so he contacted him, and the two had a private chat on the mobile phone "Bat" APP chat software.

Lai informed the defendant Xiang of his plan to rob Peng, and promised to give him 0.8 Bitcoins after the robbery was successful. After Xiang agreed, he took the high-speed rail from Changsha City, Hunan Province to Yichun City on the same day, and stayed in a hotel near the Yichun High-speed Railway Station after meeting with the defendant Lai.

After the two met, they discussed in the room how to rob Peng. Lai said that at least four people were needed. He invited Peng to a remote place near the high-speed railway station on the pretext of investment. One of them was responsible for driving, and the other three were responsible for tying up Peng and his companions with ropes, and then asking for Bitcoin.

Later, Lai picked up 7 nylon fixed cable ties near the hotel and brought them back to the hotel. Since there were still two people missing, he had been contacting the online users named "Magic Cube", "Hunjianglong Tyrant Tiger", "Haibin Oh Oh", "Peach", "Ma Chao", etc. who had been willing to participate in the robbery before, inviting them to come to Yichun as soon as possible.

While Lai and Xiang were waiting for others to come to Yichun in the hotel, the Yuanzhou Public Security Bureau of the Yichun Municipal Public Security Bureau got clues and arrested the defendants Lai and Xiang in a hotel.

The defendant Lai argued that he was just preparing for robbery and did not rob a particularly large amount. The defendant Xiang argued that he was just discussing the premeditated robbery and would not necessarily carry it out.

The court found out after trial that the defendant Lai Mou had suffered losses from investing in virtual currency online, and had the idea of ​​"getting" Bitcoin from Peng Mou.

Result of the first instance: 1. The defendant Lai Mou was convicted of robbery and sentenced to three years in prison and a fine of RMB 15,000; 2. The defendant Xiang Mou was convicted of robbery and sentenced to one year in prison and a fine of RMB 10,000;3. The self-locking nylon plastic fixed cable ties seized in the case shall be confiscated according to law and handled by the seizing agency according to law.

After the verdict was announced, Lai and Xiang were dissatisfied with the first-instance judgment and appealed.

The results of the second instance: 1. The third item of the judgment of the People's Court of Yuanzhou District, Yichun City, Jiangxi Province was upheld; 2. The first and second items of the judgment of the People's Court of Yuanzhou District, Yichun City, Jiangxi Province were revoked; 3. The appellant Lai was convicted of robbery and sentenced to one year and six months in prison and a fine of RMB 10,000; 4. The appellant Xiang was convicted of robbery and sentenced to nine months in prison and a fine of RMB 5,000.

In this case, the first instance court found that the two defendants committed robbery. Without fixing the purchase price of the victim, the transaction price at the time of infringement was used. The preparatory sentencing of the robbery crime was compared with the completed robbery of a huge amount, which led to the improper consequence of heavy sentencing of the two defendants.

The second-instance court considered the substantial danger of robbery preparation and believed that in the preparation of the crime, it was not necessary to determine the value of Bitcoin. Instead, it fully considered the defendant's preparatory means, tools and the possibility of unimpeded discovery of real dangers. The two defendants were convicted and sentenced according to the basic crime of robbery, and the punishment was commensurate with the crime. The retrial was correct.

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