People's Court newspaper article "Criminal Determination of Virtual Currency Settlement and Payment Assistance"

The People's Court newspaper published an article "Criminal Determination of Virtual Currency Settlement and Payment Assistance", which pointed out that virtual currency settlement and payment assistance is the act of using virtual currency to provide property transfer assistance for others to commit telecommunications fraud. In determining the crime of virtual currency settlement and payment behavior, we should grasp the characteristics of criminal proceeds, the dividing line between upstream telecommunications fraud and subsequent cover-up and concealment of criminal proceeds and their proceeds, as well as the time when the helper's subjective knowledge and "conspiracy" occurred and the impact of the content on the identification of crimes, thereby distinguishing crimes that are easily confused. First, determine whether the object transferred with virtual currency has the three characteristics of criminal proceeds, namely property, criminal illegality, and certainty. Secondly, the completion of the crime of fraud is used as the dividing point to define whether the virtual currency settlement and payment behavior is an act of covering up and concealing criminal proceeds and its proceeds, or an act of assisting upstream telecommunications fraud. Finally, whether the virtual currency settlement and payment behavior constitutes an accomplice in the crime of telecommunications fraud should be determined based on whether the helper conspired with others in advance, whether he only realized that others were illegally using information networks to carry out criminal activities, or whether he knew that others were committing fraud. To sum up, there are three situations for criminal identification of virtual currency settlement and payment assistance activities. The first is that the helper does not conspire with others before the completion of the fraud. After the crime of fraud is completed and the fraudster obtains property, illegality and After confirming the property, deliberately providing virtual currency settlement and payment assistance, the behavior constitutes the crime of concealing, concealing criminal proceeds, and criminal proceeds. The second is that although the helper objectively covered up and concealed the proceeds of crime, but after the completion of the fraud, he formed an intentional connection with others about the fraud, and his behavior should be regarded as an accomplice in the crime of fraud; if the helper is involved in the crime of fraud, After the fraud is carried out, the person reaches an intentional relationship with others with the purpose of committing cybercriminal activities, and his behavior constitutes the crime of assisting information cybercrime activities. The third is that if the crime of fraud is not completed or the property does not have the three characteristics of criminal proceeds, but the helper knows that others are committing fraud and provides virtual currency settlement and payment services, he should be deemed as an accomplice of the crime of fraud; the helper knows that others are committing cybercriminal activities. , but did not know the specific crime was committed, he should be held criminally responsible for the crime of aiding information network criminal activities.