Legal basis: Article 1 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Payment of Settlement Funds and Illegal Trading of Foreign Exchange violates the provisions of the state and belongs to the category of "illegal payment of settlement funds" as stipulated in Item 3 of Article 225 of the Criminal Law:
(1) paying monetary funds to the designated payer by illegal means such as fictitious transactions, false pricing, transaction refund, etc. By accepting the terminal or online payment interface;
(2) Illegally providing services for others to cash out the unit bank settlement account or transfer the unit bank settlement account to a personal account;
(3) illegally providing cheque cashing services for others;
(four) other illegal payment of settlement funds.
Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Payment of Settlement Funds and Illegal Trading of Foreign Exchange Article 3 In any of the following circumstances, it shall be deemed that the illegal business operation is "serious":
(a) the amount of illegal business is more than five million yuan;
(two) the amount of illegal income is more than one hundred thousand yuan.
The amount of illegal business operation is more than 2.5 million yuan, or the amount of illegal income is more than 50,000 yuan, and it can be considered as "serious" illegal business operation under any of the following circumstances:
(1) Being criminally investigated for illegally engaging in fund payment and settlement business or illegally buying and selling foreign exchange;
(2) Being subject to administrative punishment for illegal fund payment and settlement business or illegal foreign exchange trading within two years;
(three) refused to explain the whereabouts of the funds involved or refused to cooperate with the recovery work, so that the money could not be recovered;
(4) Causing other serious consequences.
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 for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation 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.