1. How to sentence someone who uses a credit card to help others launder money

1. Using a credit card to help others launder money needs to be sentenced based on the circumstances. They are:

(1) Using a credit card to help others launder money constitutes the crime of money laundering and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined;

(2) Circumstances If serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined.

2. Legal basis: Article 191 of the "Criminal Law of the People's Republic of China"

The crime of money laundering is to cover up and conceal drug crimes and organized crimes of a mafia nature , crimes of terrorism, smuggling, corruption and bribery, crimes of disrupting financial management order, crimes of financial fraud, and the source and nature of the proceeds. If any of the following acts is committed, the proceeds of the above crimes and the proceeds thereof shall be confiscated. If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and not more than 10 years and concurrently to a fine:

(1) Those who provide capital accounts ;

(2) Converting property into cash, financial instruments, or securities;

(3) Transferring funds through transfer or other payment settlement methods;

(4) Transferring assets across borders;

(5) Using other methods to disguise or conceal criminal proceeds and the source and nature of the proceeds.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

2. What are the constituent elements of the crime of money laundering

1. The object violated by the crime of money laundering is a complex object, that is, it violates both the financial order and the social and economic management order. It also violates the country's normal financial management activities and relevant regulations on foreign exchange management;

2. The crime of money laundering objectively involves assisting in converting property into cash or financial instruments: including converting physical objects into cash or financial instruments. Financial instruments also include converting cash into financial instruments or converting financial instruments into cash. It also includes converting this type of cash into another type of cash, and converting this type of financial instrument into another type of financial instrument. At the same time, the money they "launder" must originate from seven crimes: drug crimes, organized crimes of a mafia nature, corruption and bribery crimes, terrorist crimes, smuggling crimes, crimes that disrupt financial management order, and financial fraud crimes;

< p>3. The criminal subject of the crime of money laundering is a general subject, including natural persons and entities who are over 16 years old and have the capacity for criminal responsibility;

4. The subjective aspect of the crime of money laundering is intentional, that is, The perpetrator knows that his behavior is to cover up the illegal gains from crime, conceals its source and nature, does it deliberately for profit, and hopes that this result will happen.