常年做比特币生意的老瞿(化名)经朋友介绍,认识了同样是“矿场主”的边某(化名)。当时,边某在圈内已小有名气,大学毕业没多久的他,不仅在某地一水电站旁建了矿场,同时因承接委托挖矿业务,他还手握这一行最为稀缺的资源——矿机和电力资源。
He was introduced by his friends to the same & ldquo; mine owner & rdquo; and to the other (name) who, at the time, had a small reputation in the circle and had not long graduated from the university, not only built a mine near a hydroelectric station in one place, but also held the most scarce resources of the business & mdash; & mdash; mine machines and electricity resources.
2020年2月,老瞿看到边某在朋友圈称手上有一批矿机出售,不仅性价比高,购买后还可以放在边某的矿场内委托运行,以享受当地低廉的电力价格。心动的老瞿立即与边某商定,让其代买75台某型号的矿机,市场价为90.45万元,当时价值12.3个比特币。为让老瞿放心购买,边某还“豪爽”地答应,将会额外再配75台矿机供老瞿免费使用,这笔钱可用之后挖出的比特币慢慢还清,相当于一倍杠杆。
In February 2020, the old man saw a group of miners in the hands of a friend who not only had a high price of sex, but who could be bought and commissioned in a nearby mine to enjoy low local electricity prices. The motivated old man immediately agreed to buy 75 miners of a certain type at a market price of $904.5 million, valued at 12.3 bitcoins at the time. To reassure the old man, the latter bought & ldquo; the luxury & rdquo; and promised that an additional 75 miners would be set up for free use by the old man, and that the money would then be used and the money would be slowly cleared up, amounting to double the leverage.
随后,老瞿通过交易将12.3个比特币分两次转给了边某,并约定将所购的150台矿机全部放在边某提供的矿场内托管,同时预付了10天共计3万元的电费押金。因当时正值疫情期间,两人不方便见面,身在某地的边某便将《云计算项目委托购机及托管协议》打印出来拍照发给老瞿,再由老瞿签字生效。
之后,坐等新矿机投产的老瞿迟迟没有等到动静,百般催促下,边某以“疫情期间设备运输慢”“电力系统出现故障”“矿场搬家”等理由为自己开脱。心生怀疑的老瞿警告边某,如果再没有比特币产出,就将报警。
足足等了3个月,6月,再也坐不住的老瞿赶到该地找到边某,希望解除委托,直接把矿机运回。让他没想到的是,边某主动承认自己还没有帮他买矿机,而是因资金链断裂,把90余万元的购机款挪作了他用。“再给我几天时间,我一定把你的机器弄到位!”此时,财货两空的老瞿再也无法相信边某了,他立即报警,边某被公安机关刑事拘留。
The old man then traded 12.3 bitcoins twice and signed them into effect. After
, it was agreed that all 150 mine machines purchased would be hosted in a mine supplied in one of the provinces, with advance payments totalling $30,000 for 10 days. The two people were unable to meet during the outbreak and were on one side of the area where the cloud computing project was commissioned and photographed. The old man was on the other side. > After , the old man waiting for the new mine to be delivered was on the other side, he agreed that if there was no more bitcoin, the next “ the equipment was transported slow & & & & & & & & & & & ; the mine moved & & rdquo; and it was on the other side of the mine that I was on the other side.
因该案涉及比特币、矿机等专业领域知识,且案情重大复杂,侦查阶段,太仓市人民检察院派员提前介入侦查,引导调查取证。经查,边某早已不是前几年那个年轻有为的“币圈新锐”,因为沉迷网络赌博,他不仅输得血本无归,还身负近300万元外债。2019年以来,除老瞿外,边某还以“委托挖矿”等名义骗取多名“矿老板”钱财。
As the case concerned specialized fields such as Bitcoin, mine machines, and the complexity of the case, the investigation phase, the Taikura People's Procuratorate had an early intervention in the investigation and led the investigation into the evidence.
讯问中,边某仍辩解称自己并没打算骗钱,只是先把“矿老板们”的钱用以生意周转和还债,而他在其他地方还有矿场正常运行,完全有能力把“窟窿”补上。检察官对其辩解进行有力驳斥,并出示转账交易记录等大量书证,证明其将大部分比特币变卖提现后,立即充值到赌博网站进行赌博。确凿证据面前,边某再无话说,最终自愿认罪认罚。
In the
interrogation, one of the parties argued that he did not intend to cheat money, but merely charged & ldquo; mine owners & & rdquo; money for business turnover and debt repayment, while there were mines elsewhere where he was well-run and fully capable of putting “ hole & & rdquo on it. The prosecutor strongly refuted his argument and presented a large number of documentary evidence, such as the record of the transfer transaction, proving that he had sold most of the bitcoin to the gambling website immediately after he had taken the money.
经审查认定,边某以非法占有为目的,在与被害人签订并履行合同的过程中,以“购机款”“电费押金”等名义诈骗被害人12.3个比特币(折抵购机款人民币90.45万元)及电费30538元。除退还被害人0.2185个比特币外,剩余款项共计人民币923239元被其用于赌博、还债等个人消费。
2021年2月,太仓市人民检察院依法以合同诈骗罪对边某提起公诉。
It has been found that in the course of the conclusion and performance of the contract with the victim for the purpose of illegal possession, “ purchase machine & & rdquo; & & & & rdquo; etc., in the name of the alleged fraud of the victim 12.3 bitcoins (90.45 million yuan against the purchase machine) and $30538, respectively. In addition to the return of the victim's 0.2185 bitcoins, the remaining sum of RMB 92,339 was used for personal consumption such as gambling and debt repayment. < b/ > February 2021, the People's Procuratorate of Taikur City prosecuted a person on the side of the border for contract fraud, in accordance with the law.
【那么挖矿被骗后应该怎么做?需要收集哪些证据可以帮助你维权? 】
1、与对方的转账记录;
2、诱导挖矿聊天记录;
3、平台还在正常运行,并未跑路;
< b/> > ; < b/ > ; < b/ > ; < b/ > ; < b/ > ; < b/ > 3 ; platform still functioning and not running; < b/ > ;
【文末提醒:】
投资需谨慎,不少投资者总是会被眼前的贪婪所蒙蔽心智,只看到利益却看不到风险与人性的险恶。
Investments need to be cautious, and many investors are always blinded by the greed of the moment, seeing only the benefits but not the dangers of risk and humanity.
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