Legal analysis
The maximum sentencing standard for the crime of illegally buying and selling foreign exchange is 15 years' imprisonment. In view of this illegal act of illegally buying and selling foreign exchange, in our country's laws, it is punished according to the crime of illegal business operation, and the maximum sentence for illegally buying and selling foreign exchange can reach 15 years. Some institutions, units and individuals belonging to our country, some other organizations, such as institutions in China and related staff in China, and other foreigners who come to China and belong to foreign countries, violate the relevant laws and regulations of the state, engage in such illegal trading of foreign exchange, and then seek bad benefits. In serious cases, buying and selling foreign exchange is illegal. If the circumstances are serious, it refers to the amount involved in the crime of illegally buying and selling foreign exchange. According to the laws of our country, when the amount involved in illegal foreign exchange trading reaches more than 200,000 US dollars and the illegal income obtained by the actor reaches more than 50,000 yuan, it can constitute the crime of illegal foreign exchange trading from a legal point of view.
legal ground
Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted 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.