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Will futures platform agents be convicted of fraud?
Legal analysis: the crime of fraud requires the perpetrator to take illegal possession subjectively, and the people involved in the platform illegally occupy the client's principal and handling fee by manipulating the market, which is in line with the subjective elements of the crime of fraud, which is beyond doubt. But this does not mean that agents also participate in related criminal links for the purpose of illegal possession. If the agent and the platform do not collude in advance and do not understand the fraud mode of the platform, they should not be investigated for criminal responsibility for fraud. It must be noted that the judgment of "whether there is collusion in advance or whether there is knowledge in the incident" is not based on the agent's one-sided statement, but needs to be comprehensively judged by combining the evidence of the whole case. According to the author's experience in handling cases, the main evidences that need to be examined are: 1. Confessions and excuses of the parties: Understand their understanding of the operation mode of the platform and the illegality of the mode, so as to judge their motives and purposes of carrying out the acts involved. 2. Confessions of platform risk control personnel (technicians), business personnel of member units and top management of the platform: it is up to the agent to judge whether the background data can be manipulated artificially; 3. Speech and victim's statement: understand the content of the agent's promotion and publicity, and judge his cognition of the nature of the platform through the content of the promotion, that is, whether it is just a virtual commodity electronic trading platform with gambling nature or a gambling table that can manipulate data artificially; 4. Background explanation: Understand the background authority of the agent and judge the subjective cognition. In addition, there are profit screenshots, chat records between agents and platform parties, written contracts, bank running water and other evidence, which need to be reviewed in a targeted manner in combination with the specific circumstances of different cases.

Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC) defrauds public or private property, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.