关于OTC商家涉嫌掩隐罪中“主观明知”的认定及抗辩思路

The author Shao Shiwei, a lawyer, said that the off-exchange transaction in currency circle is simply to pay legal tender with one hand and virtual currency with one hand. China does not prohibit the trading behavior between individuals. The mainstream individual merchants attach themselves to platforms such as exchange wallets to trade with users who speculate in currency. Although merchants will authenticate users, most merchants do not have the ability to identify black money, and if the business transaction volume is getting bigger and bigger, it is difficult to avoid the ink weather connection of the founder of Zhao Dong digital currency Financial Platform. The arrest of the co-founder caused a great shock in the circle. One of the common crimes involved in the business process is the crime of concealing and concealing the proceeds from crime. This crime is stipulated in Article 312 of China's criminal law, which refers to the act of concealing, transferring, purchasing and selling on behalf of others, or concealing and concealing in other ways. The term of imprisonment is less than three years, criminal detention or public surveillance, or if the circumstances are serious, the penalty shall be more than three years and less than seven years. The People's Procuratorate accused Wang of receiving a fraudulent phone number claiming to be Manager Zhou on the day of the month. On the same day, Xu Shanmou also received a fraudulent phone number claiming to be Manager Zhou's fraudulent phone number. After that, two victims reported that the victim's money flowed into the defendant Zhou Pengnan's bank account. The defendant Zhou Pengnan registered an account on Huobi.com to engage in legal currency trading. On the day of the month, the defendant Zhou Pengnan paid a single average price of about RMB. Buying and selling at a unit price is obviously different from the market price. Selling more than 10,000 virtual currencies to telecom fraud suspects has made an illegal profit of more than 10,000 yuan. We believe that the defendant Zhou Pengnan did not set the registration time of the buyer on the virtual currency trading platform, and repeatedly traded with the other party at a price significantly higher than the market. It should be recognized that the unclear source of the other party's money may be the criminal proceeds, which may cause the other party to transfer property, and his behavior constitutes a cover-up to conceal the crime. The defendant, Zhou Pengnan, was sentenced to six months' imprisonment and fined RMB 30,000 yuan for concealing the crime. The constitutive standard of this crime is that the perpetrator often justifies the subjective ignorance of the parties who commit this crime. Then, how to identify the knowledge of knowing that it is the proceeds of crime and the income it generates in judicial practice? Two common views are as follows: the perpetrator has been frozen, and the conviction reason of the judicial organ is that the card is frozen because of deposit. In the case of illegal and criminal acts, the perpetrator has been frozen, which means that the merchant continues to engage in the transaction knowing that what he is engaged in is illegal and criminal, which is enough to prove that the merchant conforms to the subjective knowledge in the constitution of the crime of concealment, thus constituting the crime that people frequently transfer money to multiple bank accounts after receiving money. Refer to the explanation of the Supreme People's Court and the Supreme People's Procuratorate on several issues concerning the application of laws in handling criminal cases such as illegally using information networks to help information network crimes. Article 11 To provide technical support or help others to commit crimes under any of the following circumstances, it can be concluded that the perpetrator knows that others are using the information network to commit crimes, except that there is evidence to the contrary. 3. the Supreme People's Court's explanation on several issues concerning the specific application of law in the trial of criminal cases such as money laundering. Article 1 Under any of the following circumstances, it can be concluded that the defendant knows that it is the proceeds of crime and its proceeds, but there is evidence to prove that he does not know it. 5. Justifiable reasons to help others to deposit huge amounts of cash in multiple bank accounts or frequently transfer them between different bank accounts. In view of the above views, the lawyer believes that the first one is that some public security officers who have been frozen will be frozen to seven or eight accounts at most, which will involve multiple upstream and downstream of a certain transfer. Therefore, the freezing of the actor can only show that the related transaction flow or the transaction flow of its upstream and downstream is suspected of committing crimes, but it is not the fact that the actor himself has been frozen. If the facts involved in the crime of concealment at present are not the same, it can't directly push down the fact that the former act is illegal, so the latter act that the actor continues to engage in is bound to be suspected of committing a crime. In China, the business prohibited by the announcement on preventing the financing risk of token issuance in 2000 is limited to the first token issuance and the exchange is prohibited from engaging in the business of exchange and information intermediary, although the trading behavior of merchants is not legally prohibited in China. China also recognizes the property attributes of virtual currency, but because of its decentralized anonymity and other attributes, virtual currency is easily used by criminals as a tool for money laundering. Merchants need to do their utmost to check carefully and keep relevant evidence in the transaction process, and the transaction price should also meet the market price to prove that they have no subjective knowledge of other people's illegal acts. 比特币今日价格行情网_okx交易所app_永续合约_比特币怎么买卖交易_虚拟币交易所平台

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