The sentencing standards for cashing in pos machines are as follows: using pos machines to cash out for others, if the circumstances are serious, constitutes the crime of illegal business operation. According to the provisions of the Criminal Law of the General Principles of Civil Law of People's Republic of China (PRC), illegal business operations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated. According to relevant laws and regulations, the object of the crime of illegal business operation should be market order. In order to ensure that the market for buying and selling goods and import and export goods is restricted, the state implements a business license system for the above-mentioned goods. Among them, the import and export license system is an important part of the business license system. Buying and selling import and export licenses and import and export certificates of origin not only violates the market order, but also violates the foreign trade management system.

What is the standard for filing the crime of illegal business operation?

1, the amount of salt illegally handled is more than 20 tons;

2. Having been given administrative punishment for illegal salt business for more than two times, and the amount of illegal salt business is more than ten tons;

3, the amount of illegal business is more than fifty thousand yuan, or the amount of illegal income is more than twenty thousand yuan;

4. Illegally handling more than 200,000 cigarettes;

5. Being punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan.

Legal basis:

Criminal law of the people's Republic of China

Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property.

Operating franchise or monopoly commodities or other commodities with restricted trading as stipulated by laws and administrative regulations without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Criminal Cases under the Jurisdiction of Public Security Organs (II)

Article 71 (2) Whoever illegally engages in securities, futures and insurance business or illegally engages in fund payment and settlement business without the approval of the relevant competent department of the state is under any of the following circumstances:

1. illegally engaged in securities, futures and insurance business, with an amount of more than100000 yuan, or with an illegal income of more than100000 yuan;

2. Illegally engaging in fund payment and settlement business, the amount is more than 5 million yuan, or the amount of illegal income is more than100000 yuan;

3. Illegally engaging in fund payment and settlement business, with an amount of more than 2.5 million yuan but less than 5 million yuan, or with an illegal income of more than 50,000 yuan but less than 100,000 yuan, and under any of the following circumstances:

(1) was investigated for criminal responsibility according to law for the crime of illegally engaging in fund payment and settlement business;

(2) Being subject to administrative punishment for illegal acts in fund payment and settlement business within two years;

(three) refused to explain the whereabouts of the funds involved or refused to cooperate with the recovery work, so that the stolen money could not be recovered;

(4) Causing other serious consequences.

4. Use the point-of-sale terminal equipment (POS machine) and other means to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return and other means. , the amount is more than one million yuan, or the funds of financial institutions are more than 200,000 yuan overdue, or the economic losses of financial institutions are more than 100,000 yuan.