With the application and development of blockchain technology, virtual currencies such as Bitcoin and Ethereum have emerged, and some people have ulterior motives for illegal profit. The People's Court of Changping District, Beijing recently issued a case, stating that employees who use their positions to obtain virtual currency for profit constitute the crime of illegally obtaining computer information system data. Zhang works as a blockchain engineer at a certain internet company. In July 2020, while participating in the development of a project for the company, he learned that there was a large amount of Ethereum stored in the project account and wanted to attack the company account to obtain Ethereum. So Zhang took advantage of his job and used the excuse of "code learning" to request program code and private keys from his colleagues that exceeded his scope of work permissions. According to Zhang, he once joined a "technical exchange group" and shared code and private keys with the group, inviting members to crack the code and attack company accounts, obtaining 106.15 Ethereum coins. Zhang will perform a "coin washing" operation on the obtained Ethereum, convert it into other forms of currency, transfer it through multiple accounts, and then transfer it back to his own account. After calculation, Zhang illegally profited RMB 38329.76. After trial, the Changping District Court in Beijing found that the defendant Zhang violated regulations by demanding program code and private keys from others, illegally obtaining Ethereum information from the company's computer system, and profiting from some Ethereum transactions. Zhang illegally obtained virtual currency information stored in a computer system in the form of computer data without permission, and his behavior has constituted the crime of illegally obtaining computer information system data. The company's management loopholes and staff errors are not exempt reasons for Zhang's crime, and the court does not accept the relevant opinions. Finally, the court ruled in accordance with the law that the defendant Zhang was guilty of illegally obtaining computer information system data, sentenced him to 3 years and 6 months in prison, fined 60000 yuan, and recovered illegal gains of 38329.76 yuan. The second instance ruling rejects the appeal and upholds the original verdict. The judge stated that virtual currency is not legal tender in China and cannot be used to purchase goods or services in daily life. China explicitly prohibits trading platforms from engaging in virtual currency exchange business, buying and selling virtual currencies, providing pricing and information intermediary services for virtual currencies. Any individual or exchange providing virtual currency trading services to Chinese residents is suspected of engaging in illegal financial activities. (New Society)
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