Can counterfeit money be used to buy foreign virtual assets to avoid returns?

Indeed, some people who have benefited from various illegal and criminal activities may exchange illegal funds such as money laundering for foreign assets and consolidation to prevent the return of malefactors and malefactors after 'Touhou'. Even after September 24, many people used real estate banks and black middlemen to convert illicit money into assets like virtual currencies, and used offshore storage for laundry and home renovations.

However, with the improvement of Korean law, cooperation in the field of financial protection has established a global consensus, and the development of support for international justice and the collection of loot and illicit profits across borders has become multifaceted. . Whether it's traditional money laundering or money laundering using cryptocurrencies, recovery is hard to avoid.

The Supreme Court recently announced 32 foreign exports, and today Sister Sa's legal team dealt with one of the old cases: Peng's bribe, Jia's bribery, and financial service seizure. illicit. We are talking to you about the recurrence of contraband at the borders.

base case

Defendant Peng, a man, former secretary of Special City Infrastructure Construction Investment Group Co., Ltd., former chairman of city council and city council, secretary and director of Rail Transport Group, Ltd. ; Suspect Jia (wife, freelance writer, wife of Peng Mou) and other defendants Peng Mou, brother of Peng Mou sentenced.

criminal allegations

From 2010 to 2017, Peng was a facilitator of some of the housing and city-russia development teams of the city, party secretary and director of the transport team. and buy, the value of illegal goods provided by the above units or individuals alone or in joint venture with Jia and Peng more than 230 million yuan and more than 120,000 dollars. Among them, Feng and Jia received 310,000 yuan or more than $ 20,000 in illegal goods from others.

From 2015 to 2017, Feng planned to buy seven houses in Changsha, spending more than 20.85 million yuan in bribes, and from September 2015 to November 2016, Feng planned to buy two houses in Pengsha. . Sharing a 45 Yuan Bribe In November 2016, Peng and Peng received another 30 million RMB in loans to Qiu XX and received 3.15 million RMB in interest. Or stored in Peng House and Jia and Cai House.

money laundering allegations

Marlet

From 2012 to 2017, Jia exported more than 42.99 million yuan overseas through real estate banks or loans from other people in Peng's crime.

From 2014 to 2017, Peng and Jia set up a party for Peng to convert Peng's coins into foreign currency and then transfer them to Jia Bank where the bank was opened to other countries code used for purchases real estate, national spending and immigration in four countries .. problems, etc.

Cross the border returning loot and stolen goods

In April 2017, officials from Yueyang City, Hunan Province sued Feng and Jia for corruption and discovered that Feng and Jia had fled the country in March of the same year. . In response, the Hunan Procuratorate decided to arrest Feng and Jia, and Interpol issued a red alert to them.

On September 5, 2018, Yueyang City People's Judges submitted the case to the Yueyang City Supervisory Commission. The Wolyang Town Supervisory Commission investigated allegations of illegal activities involving Peng and Jia and submitted a report on the seizure of illegal income to the Wolyang People's Procuratorate. On June 22, 2019, the Yueyang City People's Procuratorate filed an extortion petition with the Yueyang City Intermediate People's Court.

Participants Jia, Cai and Qiu requested to be involved in the trial during the court hearing. Of these, Jia and Cai believe that 380,000 yuan cannot prove that the income is illegal according to the evidence in the case, and they plead for 380,000 yuan to be closed in the case. confiscation of property. 40% long-term sales of frozen enterprises restrict joint ventures at the end, deduct RMB 75 million for illicit income, and return the proceeds to the enterprise.

On January 3, 2020, the Yueyang Intermediate People's Court ruled on seizing illegal income, bribing Feng, bribing Jia, money laundering with all household illegal income over 100 million yuan, and the seizure of fraudsters and illegal income. 5 commodities traded with foreign exchange earnings, government contracts and profits of 2.5 million euros, profits of over $ 500,000. At the same time, the RMB 380,000 protest raised by Jia and Cai was lifted and revived, and the demands raised by Qiu were recognized and judged according to the law.

How to determine the level of foreign inheritance?

First, it should be clarified that the returned goods, whether inside or outside the country, were stolen goods and embezzled from illicit money and the offense of the victim's allegations, and income and assets acquired with income excluded from the deduction. . Scope of forfeiture and collection. In criminal proceedings, objective evidence such as defendant's finances, purchase order and proceedings can be identified to prove that the property is illegal and criminal, and finally design the finite chain to determine the collection. However, repatriation of stolen goods is always difficult in court as this important evidence is difficult to obtain abroad.

Take this into account, themaybeIn accordance with article 17 of the "Rule of the High Court and the Supreme Representative of various questions concerning the application of the procedure for guaranteeing the illegal income of terrorist persons, accused persons and deaths", the application for insurance is the following: For other devices allowing to earn money illegally ", the request for seizure is considered as" illegal income and property related to the case "in Article 16 of these Rules.

That is, the flow of income and financial transactions must be presented by combining various pieces of evidence in the case relating to various assets such as movable property, housing and securities held by foreign defendants. Comprehensive decisions on national income streamsIn criminal cases, it is not necessary to meet the "rule out surprises and make your own judgment" test, and this can only be decided when it is so "very easy" for foreign assets to fall into recession. .Therefore, the country in which the property is located must provide the necessary adjudication services.

According to the evidence in this case, Feng and Jia sent bribes to four countries to buy real estate and government contracts. In the case of a real estate purchase in a country, there is not enough evidence that the cash flow and procedures take place in the country. Prosecutors believe that as evidence in the case, Jia sent $ 592,000 to a foreign company through his foreign bank and trusted the foreign company to buy the property in the above country. , and the company sent $ 494,000 worth of watch overseas. The contract price will be $ 435,000. At the same time, Peng arranged for others to trade over 3.9 million yuan (over US $ 600,000) in total by bribing Jia's foreign bank.The return costs are higher than the purchase price.. Based on this, it can be determined that the Peng and Jia subdivisions can be obtained from Feng coins and the real estate should be confiscated as illegal income.

The attorney general's office requested the seizure of Feng and Jia's foreign assets in the four countries mentioned above, but not all stakeholders or agents have been brought to justice. While the 2020 State Administration announces anti-corruption and anti-corruption measures, Peng and Jia's income is not shipped to four countries with the help of judges in the country where the property has been restored. It is worth around 1.5 million yuan.

Moreover, from this point of view, it is possible to prove that the foreign good is the defendant, and if it is probable that the defendant bought the bad good, the right to return to a foreign country, it can be for him. returned. Chinese law recognizes that virtual products are specialized virtual goods with a certain value and belong to the category of devices. Therefore, virtual currency purchased by the defendant from illegal funds and held on a foreign platform is also included in the recovery. If the money stolen from defendants Peng and Jia was used to purchase virtual gifts and other valuables overseas, they are required by law to return.

Global efforts to recover stolen goods and evacuations continue.

Under normal circumstances, legal documents and employment reports were issued by the State Department of Labor, the Supreme Court, and the Supreme Court during the year. Recently, it can be concluded that the global return of stolen goods and stolen goods has become significant. region. of violence. It is not "gun armor" for illicit money to bring crime and felonity off the shore through money laundering and other means.

According to the official website of the Research Council, at the end of June 2020, agencies, law firms and security agencies in each state, the county have arrested 1,468 people, deported 345 people and deported 50. people. Persons in law by cooperating with foreign police organizations. Among them, it is important that the State Council and the Ministry of Foreign Affairs complement Yao Jinchi of Bulgaria in the framework of the Sino-Bulgarian extradition treaty in October 2018.This is the first time that South Korea has sent criminals from an EU state.. Yao Jinqi obtained permanent residence in Bulgaria in 2016 and submitted a renovation application in 2018.

enter at the end

The global financial crisis, anti-corruption and anti-corruption measures, and the cross-border recovery of loot and stolen goods have become a widespread consensus.

In addition to the “United Nations Anti-Corruption Convention” and other international agreements, establish and sign bilateral agreements and various cooperation agreements such as the “Beijing Anti-Corruption Declaration” and “ the advanced principles of the G20 on the fight against corruption, "Return and Recovery" and other commitments of cooperation and solidarity. All of them are listed below:

Even if the offender converts the stolen money into virtual currency, it can still be seen as an asset to be recovered. With extensive research on virtual devices in many countries around the world, judgments such as administration and marketing of virtual devices have become increasingly popular, and the cross-border recovery of stolen goods from virtual devices. will no longer be possible. problems.