Every reporter Liu Yongsheng and every editor Liao Dan
Since the birth of the first bitcoin in 2009, it has attracted countless peoples attention.
According to the data of coinmarketcap.com, the encrypted currency market website, the unit price of Bitcoin is about 10,000 US dollars and its market value is 180 billion US dollars. Thats four million times the price of its earliest deal.
Bitcoin is becoming more and more valuable. As the largest miner in the world and the miner giant BitContinent with a large number of Bitcoins, Bitcoin has naturally become the coveted target of lawless elements.
Employees steal 100 bitcoins remotely
Recently, China Judicial Documents Network announced a case in which a BitContinental employee remotely invaded the Aliyun server rented by the company and stole 100 Bitcoins.
According to the judgment documents, the defendant Zhongmou has been the operation and maintenance development engineer of Beijing BitContinental Technology Co., Ltd. (hereinafter referred to as BitContinental Company) since November 16, 2015. From 18:00 on September 15, 2017 to 1:00 on the next day, in Haidian District, Beijing, it remotely controls its computer on the BitContinental Companys workstation by using TEAMVIEWER software, uses ROOT privilege to access the companys rented Aliyun server, inserts code into the Bitcoin wallet program and transfers 100 Bitcoins to its Internet site. Its in your personal wallet. At about 9 oclock on September 16 of the same year, BitContinental found that the balance of Bitcoin was insufficient, so it asked Beijing Zhichuangyu Information Technology Co., Ltd. for help and paid 36,000 yuan for information technology service fee and security service fee.
After the incident, the defendant Zhongmou voluntarily surrendered and was detained on January 2, 2018. It has returned 90 bitcoins from BitContinental.
The court held that the defendant Zhongmou illegally acquired computer information system data by technical means, resulting in economic losses of more than 10,000 yuan, the circumstances are serious, and his behavior has constituted the crime of illegally obtaining computer information system data, which should be punished.
In view of the fact that the defendant Zhongmou voluntarily surrendered after committing a crime and confessed his crime truthfully, he surrendered himself, so the court punished him lightly according to law. In accordance with Article 285, paragraph 2, Article 67, paragraph 1, Article 53, Article 64 of the Criminal Law of the Peoples Republic of China and Article 1 (4) of the Interpretation of Several Questions Concerning the Application of Law in Criminal Cases against the Safety of Computer Information Systems by the Supreme Peoples Court and the Supreme Peoples Procuratorate According to the regulations, the defendant Zhongmou commits the crime of illegally obtaining computer information system data, and is sentenced to one year and three monthsimprisonment with a fine of 50,000 yuan. Ten bitcoins of illegal income are recovered from the defendant Zhongmou and returned to Beijing BitContinental Technology Co., Ltd.
The seriousness of criminal trial is reflected in not sentencing for theft
In response, Daily Economic News interviewed Sun Zhiyong, senior partner of Beijing Tianchi Juntai Law Firm and guest professor of China University of Political Science and Law. Sun Zhiyongs analysis of Daily Economic News reporters shows that there are two main sentences in the sentence: First, the defendant Zhongmou commits the crime of illegally obtaining computer information system data, and is sentenced to one year and three monthsimprisonment with a fine of RMB 50,000. 2. To recover ten bitcoins from the defendant Zhongmou and return them to Beijing BitContinental Technology Co., Ltd. From the second item of the main text of the judgment, the peoples court approved the property nature of Bitcoin and recovered and returned the Bitcoin obtained by Zhongmou.
So why did not the first item in the main text of the judgment be identified as theft? Maybe there are the following considerations:
1. To clarify the nature of Bitcoins virtual goods, the main basis is the Circular of Peoples Bank of China, Ministry of Industry and Information Technology on December 5, 2013. The notice confirms the nature of Bitcoins assets and decides that the return of Bitcoin is possible.
2. However, this recognition of the nature of Bitcoin assets is not the legislative recognition of the legislature. It is not even the administrative regulations of the State Council, or the departmental rules and regulations of various departments, but only the notification. From the legislative point of view, the level is relatively low.
3. The legal basis of criminal trial is very strict, and we should follow the basic principle of no crime without express law. In the absence of legislation to confirm the property of Bitcoin assets, not prosecuting and sentencing for theft also reflects the seriousness of criminal trials. At the same time, in the absence of clear legislation, the conviction and sentencing of illegally obtaining computer information system data is understandable.