Criminal Identification Of Illegal Recharge Of Game Currency In Online Game Accounts

Nowadays,China has become the country which has a largest market scale in the global game industry.The reason why it can become the largest country in the global game industry go hand in hand with the loyalty of game players,which is reflected by the frequency of recharging online game accounts.According to statistics,only 9% of Chinese players never recharge games,while the global average is 26%.It can be seen that Chinese players have a stronger willingness to consume than players in other countries.The huge payment space of online games has led to a series of problems.For example,in judicial practice,the actor uses technical means to modify the game recharge data,so as to obtain a large number of game coins without paying RMB or only paying a small amount of RMB.How to identify this illegal recharge of game coins in criminal law is controversial,On the one hand,there is no clear identification standard for the legal attribute and value of such virtual property as game currency.On the other hand,the identification of the crime of modifying recharge data and illegally recharging game currency by local courts is also different.This paper selects two cases of illegal recharge of game currency in online game accounts.Under the condition of very similar criminal means and criminal circumstances,different courts have made different judgment results.The author summarizes the reasons for different judgments in the same case,and combs out the controversial points affecting the conviction of illegal recharge of game currency,that is,the dispute over the identification of the legal attribute of game currency,Disputes over the determination of the crime of illegally recharging game currency and the determination standard of the amount of crime.The handling method of this paper for the case of illegal recharge game currency is different from that of the court.Specifically,the legal attribute of game currency is recognized as data attribute and property attribute,and the behavior of illegally recharging game currency shall be identified as the crime of illegally obtaining computer information system data and the crime of theft,and imagination competition shall be applied to solve the final conviction problem.The identification of the amount of crime shall be determined as a comprehensive judgment method based on the amount of loss suffered by the victim in combination with the specific circumstances of the case.This treatment method provides a new idea for the criminal law identification of the illegal recharge of game currency in online game accounts in judicial practice.