今年以来，虚拟货币因暴涨暴跌的价格一度引发极大关注。自监管部门发布通知，明确投资虚拟货币的危害及相关监管规定后，目前，国内三大交易平台均已表态或明确，将于年内关闭针对中国内地用户的相关服务。
The price of virtual currency has been a source of great concern since the beginning of the year. Since regulatory circulars have been issued to identify the dangers of investing in virtual currency and related regulatory provisions, all three trading platforms in the country have expressed their views or have made clear that services for users in China and China will be shut down in the course of the year.
抛开虚拟货币投资本身风险，其具有的隐匿性特点常被利用，致使投资人在不明所以情况下损失个人财产。深圳市民张女士近期经他人介绍，在币利APP平台投入30万元本金投资虚拟货币，10月28日清仓提现时不仅资金无法到账，继而APP无法打开，被平台客服等人员拉黑。
In addition to the risks inherent in virtual currency investments, their hidden characteristics are often exploited, causing investors to lose their personal property under unknown circumstances. Ms. Shenzhen Zhang has recently been introduced to invest 300,000 yuan in virtual currency on a currency PPP platform, which was closed on 28 October when not only the funds could not be accounted for, but the APP could not be opened, and the platform’s clients and others had been hacked.
张女士表示，目前有一受害者交流群，其已知被骗金额总计超2000万元。位于北京的严女士告诉南都记者，其与张女士位于不同的交流群中，但所经历事件却相似，其投入币利平台的资产包括11万美金、近20万人民币、1.08个比特币，以及11个以太币，按照当时市场价，已超百万元。而两人从接触同一“实施欺骗者”至资金损失不过两个月时间。截至目前，张女士与严女士均已报案，张女士于11月2日收到警方立案告知书，严女士在11月30日获悉其呈报案情已被立案。
Ms. Zhang stated that there was a group of victims who were known to have been defrauded for a total of more than $20 million. Ms. Yan, based in Beijing, told Nandu journalists that she and Ms. Zhang were in a different group, but had experienced similar events, and that the assets invested in the money platform included $110,000, nearly 200,000 yuan, 1.08 bitcoins and 11 NTs, which, at the market price at that time, had exceeded millions of dollars. To date, Ms. Zhang and Ms. Zhang had reported that they had been informed of the case by the police on 2 November and that Ms. Zhang had been informed of the case on 30 November that it had been opened.
堕入骗局
It's a trick.
私域链接与私域直播间 该群体未公开宣传
Between the private domain link and the private domain live broadcast, this group is unpublicized.
今年8月，张女士从家人处收到一条网页链接，打开后是关于名叫黎郝峰人士的股市风云录。文章称，黎郝峰是一名“资深投资专家”，应中国财经网邀请分享其股市风云录，称其熟知各类庄家手法，擅长跟庄操作，并分享了黎郝峰3点炒股秘诀。该文末尾附有黎郝峰微信号，称黎已组建一散户绿色交流群，欲向黎学习炒股技术扭亏为盈者可添加其微信，并郑重声明，不收取任何费用。
In August of this year, Ms. Zhang received a web link from her family and opened it with a video of the stock market of Le Hoon Peak. The article states that Le Ho Peak is a “senior investment expert” who shares his stock market record at the invitation of the China Financial and Economic Network, saying that she is familiar with the various ways in which he handles business, and shares the secret to Le Ho Ho Peung at 3 p.m. At the end of the article, a signal is attached that Le Ho Ho Peak has set up a small green exchange, and that those who want to learn about the fumigation skills of Le Ho may add their credit to them, and make a solemn declaration that they will not charge any fee.
南都记者后来对该链接进行观察，发现该网页顶部在正常情况下点击应可跳转的“早报”“行情”“股市热点”等栏目实际无法跳转，该文实际上是一静态、私域转发的链接，并未登发于任何公开网站。
A subsequent observation of the link by the Nandu journalist found that the page's top page, which normally clicks on such columns as the “mortality” “stock market hot spots” that should jump over, was practically a static, private relay link and was not posted on any public site.
“我就有一种好奇，想可以先加（微信）再观察，”张女士表示，起初对黎的态度保持了应有的谨慎，并不真信前述文章，添加其微信仅是好奇，想看看对方的实力，且其余均是后话，暂时可不考虑。
“I have a curiosity that I would like to look at it first.” Ms. Zhang said that initially she had taken due care of his attitude towards Lebanon, did not really believe the article in question, added a micro-letter that was just curious, wanted to see the strength of the other, and that the rest was the last words, which could not be taken into account for the time being.
实际上，不少存有同样心思的人跟张女士一样添加了黎的微信。位于北京市的严女士告诉记者，其与张女士是同一时期关注到黎，两人在不同的交流群中，“我在的那个群是九十几号，群内有46人，”严女士表示。
In fact, many like-minded people have added the same message as Ms. Zhang. Ms. Yan in Beijing told reporters that she and Ms. Zhang were concerned the same time, and that in different groups, “I was in the 90s and 46 people in the group,” Ms. Jian said.
张女士、严女士等人与黎达成联系后，各自被拉入了股票交流群。张女士表示，黎起初多给群里的成员开直播课，为一私域链接，仅在群里发送，同时需要登录特定账号才能进入直播间。
Ms. Zhang, Ms. Yan, and others have been connected to Lei, each of whom has been dragged into the stock exchange. Ms. Zhang said that Lei had given live classes to the members of the group for a private domain link, sent in the group only, and needed to log in a particular account to get into the live room.
根据张女士提供信息，该直播间在每个工作日的固定时间段进行多场直播，包括上午9点到10点、下午1点到3点、晚上7点半到9点半……授课人员不独有黎，还有名为曾自强、林子房等人，“这一群体（授课3人及助理等）对外自称为财昇社”。“9点20上到10点半的课，是曾自强教大家抓涨停板块，八成是对的，”张女士表示，当时觉得他们在直播课上分析的个股几乎都是对的，非常准。
According to the information provided by Ms. Zhang, the broadcast room was broadcast live from 9 a.m. to 10 a.m., from 1 p.m. to 3 p.m. and from 7:30 p.m. to 9:30 p.m. The lecturers were not alone, but also the former self-righteous, forest house and others, “this group (three speakers and assistants, etc.) identified themselves as a financial society.” “The class from 9.20 to 10:30 was a self-educative exercise, and it was probably correct” Ms. Zhang said that at that time she felt that the shares that they had analysed in the course were almost correct and accurate.
称有内幕消息可操盘 向投资者募集资金
They say they have insider information that can be manipulated to raise funds from investors.
直播间中不仅推荐股票，张女士表示，林子房等人开始向成员介绍其自己的经历，同时牵扯上虚拟货币。“编故事，林子房说他2007年入市，亏了很多，后来去了台湾，认识了一位恩师，投200万到比特币里，隔了两年时间变成2亿元，”张女士回忆称，财昇社的人在直播间里说他们有私募基金，又宣传他们近日的计划，想做一个600%收益标的股，吸引成员加入。
Not only did stocks be recommended in the live room, Ms. Zhang said that forest houses and others began to share their experiences with their members, while engaging in virtual currency. “Creating a story, the forest house said that he had entered the market in 2007 and had lost a lot, and then went to Taiwan, where he met a mentor who had spent two million dollars in bitcoin, which became $200 million in less than two years.” Ms. Zhang recalled that in the live room, the family members said that they had private fund-raising funds and promoted their recent plans to make a 600-per-cent share worth to attract members.
“我一直没动，仅仅是听着他们说，”张女士表示，直到某一天晚上对方邀请了一名姓王的高管，称其公司股票已被st，但正在准备重大项目重组，若有75亿资金投入，可以翻倍。
“I haven't moved, just listening to them,” Ms. Zhang said, until one night, when she invited a manager named Wang to claim that his company's shares had been st, she was preparing a major project restructuring, which could be doubled if there were $7.5 billion in investment.
张女士所经历的与北京严女士如出一辙。“在群里说要操作标的股，重大资产重组，让大家开始申报资金，不过没说是哪个公司，说是泄露内幕消息属于违规，”严女士表示。
Ms. Zhang had the same experience as Ms. Yan in Beijing. “In the group, it was said that the target shares were to be operated, major assets were to be restructured, and money was to be declared, but it was not said which company, and it was said that leaking the inside information was against the law,” Ms. Yan said.
“我就想着投3万左右试试，”张女士表示，财昇社的人抛出600%收益标的股计划后，群里有很多人开始申报资金、占取名额，在此氛围下，自己也有点跃跃欲试。
“I'd like to put in about 30,000,” said Ms. Zhang, in this atmosphere, a lot of people in the group began to declare their money and take up their seats after they threw out a 600 per cent equity plan.
以资本金不足为由 引导投资虚拟货币
To direct investment in virtual currency on the grounds that there's not enough capital.
“资金征集一段时间后，黎出来说还差35%。此时，曾自强提议投虚拟货币，本金翻倍后取出再投标的股，就足够了”，张女士表示。
“At a time when the funds were collected, it was 35% less. At this point, it was enough to double the principal and take out the re-bid shares,” Ms. Zhang said.
而在严女士方面，也是同样的理由：“后来就说数字达不到预想的结果，还说合作方很生气，说怎么只有这么一点，他们就提出来投虚拟货币”，严女士表示。
In the case of Ms. Jian, the same reason was also given: “Then it was said that the numbers did not achieve the desired results, and that the collaborators were angry, and why that was the only point that they had offered to put in a virtual currency”, Ms. Jian said.
“黎当时还假装对虚拟货币不了解，不赞成”，张女士回忆表示，在群里成员、如今看来像是“托”的再三要求下，黎改口称其有朋友在新加坡，答应先行了解。在后一期直播间中，黎展示了一套资料，称是新加坡一家正规公司开发的平台：币利APP，并表示，每日观看直播间的1万人中有8000人同意投资虚拟货币，约定一周后收益35%脱手，转投标的股。
“Li also pretended to be ignorant of and disapproving the virtual currency.” Ms. Zhang recalled that under the repeated demands of the members of the group, who now appear to be “Tor,” Reacon claimed that he had friends in Singapore and promised to know first. During the latter part of the live broadcast, he presented a set of information that was developed by a formal company in Singapore: a currency APP, and said that 8,000 of the 10,000 people who watched the live room every day agreed to invest in the virtual currency, agreed to take 35% of the return after a week, and turned over the shares of the tender.
根据张女士提供信息，在币利APP简洁的主页上，展示了SDC、LINK、FIL等虚拟货币的涨幅情况，该APP还包括行情、交易、OTC、资产等功能。张女士在币利APP注册了一个账号后，平台客服通过QQ与其对接，指导其开户、充值、购买指定货币等操作流程。
According to information provided by Ms. Zhang, the increase in virtual currencies such as SDC, LINK, FIL, etc., is shown on a simple home page of the currency APP. Ms. Zhang also has the functions of doing business, trading, OTC, assets, etc. After registering an account in the currency APP, the platform’s customer service is docked through QQ, which guides the process of opening accounts, charging values, purchasing specified currencies, etc.
“把订单号发给我，我帮您查询USDT兑换商的账户，然后您复制到手机银行进行付款，付款完成，把付款截图发给我。”在张女士提供的一张截图中，客服指导张女士购买泰达币。
“Give me the order number, I'll check the USDT exchange account, then you copy it to the mobile bank for payment, complete the payment, and send me a screenshot of the payment.” In a screenshot provided by Ms. Zhang, Ms. Zhang is directed to purchase Tidalco.
简单来说，张女士在币利平台购买的所有虚拟货币都是通过私下转账给兑换商账户以完成付款，客服确认转账截图后，张女士的平台账号就会出现一笔持有的记录。
Simply put, all virtual currency purchased by Ms. Zhang at the currency platform was transferred to the exchanger's account through private transfers to complete the payment, and Ms. Zhang's platform account number would appear as a holding record after confirmation of the transfer stop.
“我有二十万转在锦霞网络科技有限公司，有十万转在私人账户郑某光的名下”，张女士表示，“10月19日钱转进去，开始锁仓，计划是10月28日开仓脱手，先提出30万，其余的再放着。”
“I had 200,000 transferred to Jinxia Network Technology Ltd. and 100,000 to the private account under the name of Jung Hwang.” Ms. Zhang said, “The money was transferred in on 19 October and the locking of the warehouse began, and the plan was to open the warehouse on 28 October, with 300,000 first and the rest left behind.”
“群里现在有37人左右，都是和我同一期被骗。”张女士表示。据其提供资料显示，一位投资者在收到币利APP客服信息，向沈阳煜振坤人力资源服务有限公司（下称“沈阳煜振坤公司”）转账后，向客服发回转账截图，该笔金额近10万元。
“There are now around 37 people in the group, all of whom were conned in the same period as me.” According to Ms. Zhang, according to her information, an investor who received information about the currency APP customer service and transferred it to Shen Yang Xinkun Human Resources Services Ltd. (hereinafter “Sen Yang Xin Qin Qin Corporation”), sent a transfer stop-chart to the customer's service, which was close to $100,000.
实际上，北京的严女士此前很长一段时间生活在国外，有过虚拟货币的投资经历，对于币利APP并未轻信。严女士曾试探过对方：“国家出了文件，火币不是封了，我就问他们说我们能不能提出来，”严女士回忆，随即有自称币利平台客服、经理等人频繁与其联系进行解释，并强调平台注册于新加坡等。
Indeed, Ms. Yan in Beijing, who had lived abroad for a long time, had an investment experience in virtual currency, and had no trust in a currency APP. Ms. Yan tried to see each other: “The country has a document, the gun is not sealed, and I asked them if we can bring it up.” Ms. Jian recalled that there was then a frequent explanation of what she called the currency platform’s services, managers, etc., and stressed that the platform was registered in Singapore.
“我就尝试提了500USDT，还真提出来了。”严女士表示，在币利平台方面的人解释过后，她还是不敢信任该平台，担心关键的提现环节出现意外，因此特意试了一次。严女士感叹，提取前的质疑似乎加强了对方的警惕心理，那次的成功提取竟也成了“请君入瓮”。
“I tried to mention 500 USDT, and it was true.” Ms. Jian said that she was still afraid to trust the money platform after it had been explained, fearing an accident at the key cash withdrawal, so she tried it one time. She lamented that the pre-drawn questioning seemed to strengthen each other’s vigilance, and that the successful extraction had become “please enter.”
以交“保证金”加速提现之名再次收割
Recapitulation in the name of a deposit to speed up the collection.
张女士表示，按照黎定下的规则，所有人在锁仓一周后清仓。
Ms. Zhang stated that, in accordance with the rules laid down by Liao, everyone had cleared the warehouse a week after it had been locked.
时间到了约定的10月28日，张女士与严女士均发现，币利APP的提现无法到账，“客服说充值2万美金，成为VIP，随提随到账。”张女士表示，其并未跟随。北京的严女士因投入该平台的资金较大，交了4.95万元的保证金。
By the scheduled date of October 28, both Ms. Zhang and Ms. Jian found that the withdrawal of the currency APP was now unattainable, and that “the client's testimony, valued at $20,000, became a VIP and was accompanied by the bill.” Ms. Zhang stated that it was not followed. Ms. Jian in Beijing paid a guarantee of $495,000 because of the large amount of money invested in the platform.
“11万美金，近20万人民币，还有1.08个比特币、11个以太币。”严女士表示，这些资产陆续投入了币利APP，对方说提现的人都排队了，但保证金可以加速，情急之下便交了保证金。
“$110,000, close to RMB 200,000, plus 1.08 bitcoin and 11 in tutco.” Ms. Jian said that the assets were being invested in the money APP, and that the men who had made the withdrawal were lined up, but the bond could be accelerated and the deposit could be paid in a hurry.
根据严女士提供信息，其在10月22日从火币网提出了1.08个比特币、11.6个以太币，在10月中下旬陆续向沈阳煜振坤公司等多家企业、个人转出近20万元资产。
According to information provided by Ms. Yin, on 22 October, it submitted 1.08 bitcoins and 11.6 e-bits from the gunnet and transferred nearly $200,000 in assets to a number of enterprises, including Shen Yang Zhenkun Corporation, in the middle of October.
“对方说排到明天中午，29日早上还联系说中午就到了。”严女士表示，当日其登录币利APP，个人账户还在，但其申请提现的记录已消失，彼时联系对方，已被拉黑。
“The other party said that it would be here tomorrow at noon on the morning of 29th.” Ms. Jian said that on that day, his entry in the currency APP and his personal account were still in place, but the record of his application for cash had disappeared and the other party had been blacked out.
“已经报案了。”张女士与严女士均表示。11月2日，张女士收到警方立案告知书，而严女士也在11月30日获悉其所呈案情亦被立案。
“The report was reported.” Ms. Zhang and Ms. Yan both indicated that on 2 November Ms. Zhang received a police notice of the case and Ms. Yan was informed on 30 November that the case had also been opened.
张女士与严女士均表示，对于每个家庭而言，无论多少的损失都是沉重的打击，希望同样的事件不再重演。
Ms. Zhang and Ms. Jian expressed the hope that the same event would not be repeated, as it would be a heavy blow to every family.
卷土重来
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新人营销推文及手法高度相似
Newcomer marketing tweets and methods are highly similar.
报案后，张女士未主动退出股票群或者删除黎等相关人员，并持续对这一群体保持了关注。根据张女士提供链接，记者发现黎之后，又再出现王鸿山、唐天胜等人，流程与此前财昇社手法高度相似。
According to the link provided by Ms. Zhang, journalists discovered the situation and then returned to Wang Hungshan, Tang Tinsheng, and others, in a process highly similar to that previously used by the Financial Services Association.
王、唐两人也各有一篇附带了微信号的营销文章。对比黎、王、唐三人文章，无论是个人经历还是3点炒股秘诀，均如出一辙。而更为巧合的是，3篇文中贴出的3人最近交易账户详情也一模一样，包括持有记录截图中透露出的总资产、总盈亏、当日盈亏，持有的5只股票等。
Both Wang and Tang also have an article on marketing with a micro signal. The stories of Billie, Wang, and Tang are the same, whether they are personal experience or a three-point stake-out secret.
南都记者随后加入唐天胜交流群。该群中，唐天胜以“唐人联盟”自称，在群里与直播间推荐个股、分析每日股市，群里成员时常表示跟随唐的指令涨了的情况。12月6日，唐天胜在群里表示，“200%跨年度盈利战役”即将开幕。
Nandu journalists later joined the Tang Tensing Console. In the group, Tang Tensing claimed to be the “China League” and recommended a stock exchange and analysed the daily stock market between the crowd and the live air, and members of the group often said that they were following Tang’s orders up. On December 6, Tang Tensing said in the group that the “200% multi-year profit battle” was about to open.
当日，唐在直播间中讲述其计划，并表示将于次日公布“统一建仓的个股”。而王也在直播间导入标的股概念。此次是一只“即将回A的中概股借壳上市”，王在直播间中表示，并称该公司已开始向私募操盘机构做招标，将筛选私募的资格，并透露出可以加入“牛途研究院”抱团参与。
On the same day, Don told the live room about his plans and said that the next day he would publish the “Unified Unit” and that the Wang would import the stock concept of the bid in the live room. This time, a “clothing” of the central stock about to return to A was put on the market. In the live room, the King stated that the company had started bidding for private fairs, that it would screen for private solicitations, and that it would disclose its eligibility for participation in the Bull Route Institute.
张女士表示，黎此前正是如此抛出标的股概念，吸引群成员跟随。
Ms. Zhang stated that this had been the case in the past with the stock concept, which attracted members of the group.
值得注意的是，黎、唐、王3人所开设的直播间均未露出过本人画面，直播画面所呈现是个股K线图，或者文档资料，前述3人仅露出了声音。“现在的王就是当时的黎。”张女士表示，其从声音判断，认为王、黎本是一人。
It is worth noting that none of the live studios opened by the Lei, Don and Wang have been shown, and that the live studio shows a K-line map, or a file, and that the three above-mentioned persons have only made their voices heard. “The king is now the king of the day.” Ms. Zhang said that from the sound of the sound, she believes that the King and Libbun are one person.
关联企业注册地址位于同一街道
Associated business registration address is located on the same street
南都记者注意到，唐推出的微信交流群建立在一个公众号中，该公众号账号主体为广州泽运莱投资发展有限公司。天眼查信息显示，泽运莱成立于今年的7月19日，法人代表为莫胜满，注册地址为广州市天河区员村一横路1号。
According to a reporter from Nandu, Tang launched a community of micro-letters based on a public account named Guangzhou Tsai Investment Development Co. Ltd. Tsangye reported that Tsai was founded on 19 July of this year and that the legal representative is Mtsingman, registered as No. 1 of Tianhai Village, Guangzhou City.
张女士在与黎对接过程也产生过多个企业微信群交流记录，并且“阵地”更换十分频繁，相关企业遍布全国各地。
Ms. Zhang's interface with Lebanon has also generated records of multiple business micro-message exchanges, and there has been a high turnover of “positions” and related businesses throughout the country.
据张女士提供信息，有2家企业或与黎相关，分别是畅扬板材与樊端娱乐。根据天眼查信息，2家企业或分别是注册地址位于陕西西咸新区的西咸新区建联畅扬板材有限公司，法人代表为王九葆；注册于四川成都市的四川龚慧樊端娱乐有限公司，法人代表为卢泽胜。而前述2家企业成立日期均为今年9月。
According to the information provided by Ms. Zhang, there are two businesses or companies associated with Lei, which are open-ended and entertaining.
张女士提供另一投资者的企业微信对接记录显示，有包括在今年8月成立，法人代表为张昆昆的广州红婧泽教育咨询有限公司在内的4家企业，
Ms. Zhang provided the records of another investor's business micro-links, which show that there were four enterprises, including the one established in August this year and represented by the corporate representative of Zhang Quinquin's Guangzhou Red Shizze Educational Advisory Company, Ltd.
值得注意的是，红婧泽公司注册地址同样位于广州市天河区员村一横路，与如今唐天胜相关的广州泽运莱公司注册地址相同。
It is worth noting that the registration address of the company is the same as that of the village of Tianhai, in Guangzhou City, and is the same as that of the Guangzhou-Zanlai company, which is now associated with Tang Tinqing.
除此之外，泽运莱公司法人代表莫胜满关联企业还有80家，均密集注册于今年7月18日、19日。其中，40家企业的法人代表为莫胜满，余下40家企业的高管、股东为莫胜满。
In addition to this, there are 80 more ZHLA corporate representatives, all of whom were closely registered on 18 and 19 July of this year. Of these, 40 companies have a full number of corporate representatives, while the remaining 40 companies have a large number of executives and shareholders.
而这80家企业注册地址均位于广州市天河区员村一横路上，企业名称也高度相似，例如广州泽昊然投资发展有限公司、广州泽景浩投资发展有限公司等。
These 80 enterprises, all located on the Tianhai Village Road in Guangzhou City, have highly similar business names, such as the Guangzhou Tianjiang Investment Development Co. Ltd., Guangzhou Tsang Ho Investment Development Co. Ltd., etc.
“我现在才想清楚，为什么当时他给我们换了十几个企业微信。”张女士表示，在黎上课期间，频繁更换企业微信群，最短一两天就弃用，黎方面给出的解释是几个机构盯着他们，不允许他们提供免费课程，实际原因是遭人举报。
“I have only now come to understand why he had replaced us with a dozen corporate micro-letters.” Ms. Zhang said that during class hours, the company's micro-messages were frequently replaced and abandoned for a minimum of one or two days, and the Lebanese explained that several agencies were watching them and were not allowed to provide free courses, actually because they had been reported.
法律分析
Legal analysis
平台交易或属虚构涉嫌诈骗
Platform trading or fictional fraud
业内通常将火币、OKEx、币安并称为国内三大虚拟货币交易所。一位在OKEx平台有过短暂买卖虚拟货币经历的人士告诉记者，即便是大平台，目前买卖双方也需要借助平台外的资金往来完成交易，这一规则本身就隐含了风险与漏洞，其次是投资者对虚拟货币或许不够熟悉，而网上虚假交易平台的确很多。
The rule itself implies risks and loopholes, followed by the fact that investors may not be familiar with virtual money, and that online platforms are numerous.
今年4月，江苏警方曾破获一起虚拟币诈骗案，抓获58人、涉案金额1000万。通过进一步调查，警方初步查明这个平台背后是一个以虚拟币合约交易平台为媒介实施诈骗的犯罪团伙。警方调查发现，这个平台其实并未与虚拟币大盘发生交易，也就是说虚拟币一直都在后台账户里。受骗人看似通过平台在交易，实际上所看到的都是平台显示的数据而已。
In April of this year, Jiangsu police uncovered a virtual currency fraud case in which 58 people were captured and 10 million people were involved. By further investigation, the police initially identified the platform as a criminal gang that used the virtual currency contract trading platform as a medium for fraud. The police investigation found that the platform had not actually been traded with the virtual currency plate, which means that the virtual currency was always in the back account.
中国政法大学刑事司法学院副院长、教授王志远告诉南都记者，若币利APP并未真正进行虚拟货币交易，因为该APP的交易记录、获利信息完全可能是虚构，这种情况下就具有非法占有目的，属于诈骗罪（集资诈骗）。另外，若该APP确实借助被害人资金进行虚拟货币交易，不具有非法占有目的，则可以认定为非法吸收公众存款罪。由于该案中APP后续一系列行为，如解散群聊、携款消失等，更加符合诈骗罪构成特征。
The Vice-President of the College of Criminal Justice of the Chinese University of Political Science and Law, Professor Wang Chi-won, told Nandu journalists that, if the currency APP did not actually conduct virtual currency transactions, since the APP's record of transactions and profit information could well be fictional, in such cases it would be illegal for possession and would be a fraud (asset-for-money fraud). Moreover, if the APP did use the victim's funds to conduct virtual currency transactions without illegal possession, it could be considered an offence to illegally absorb public deposits.
王志远建议，投资者可向涉案平台的实际经营或者操作地报案，便于取证和侦查。另外被害人可以集体维权，降低维权成本。具体举证材料大致包括：身份信息、账户信息、交易信息、资金信息、与平台人员的沟通信息等常规材料。
It is suggested that investors can report the actual operation or operation of the platform in question in order to facilitate evidence-gathering and investigation.
提醒
Synchronising folder
从监管政策来看，我国对虚拟货币发行、融资、交易、炒作的行为一直是持严厉打击的态度。购买虚拟货币的行为在我国不受法律保护，由此签订的相关协议亦不受法律保护。而且受害后维权难，取证难，获赔难。虚拟货币波动是一般股票波动的数倍，不乏杠杆参与者财务“一夜被洗劫”，难以用传统的基本面、估值方法进行分析等，其更像是另类投机品，并不适合普通投资者。普通投资者应当保护个人财产，远离虚拟货币。
Virtual currency fluctuations are several times more volatile than general stock movements, with leverage participants being “nightly robbed” of their finances, difficult to analyse with traditional fundamentals, valuation methods, etc., more like alternative speculation, and inappropriate for ordinary investors. Ordinary investors should protect personal property and stay away from virtual money.
B05-07版
Version B05-07
采写：南都记者 叶霖芳
Wrote: Nandu journalist Ye Xiaofan
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