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:

1. Without permission, engaging in franchise or monopoly commodities or other commodities whose operation is restricted by laws and administrative regulations;

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;

3, 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;

4. Other illegal business operations that seriously disrupt the market order.

Whoever colludes with overseas institutions, organizations or personnel, or commits a crime directly or indirectly with their instigation, control, funding or other forms of support, shall be given a heavier punishment.

The conviction criteria and legal application of illegal foreign exchange transactions also need to be judged and decided according to relevant laws and regulations. Strict law enforcement can maintain market order, ensure fairness and justice, and ensure the fairness and authority of the law.

Illegal fund payment and settlement business or illegal trading of foreign exchange, under any of the following circumstances, shall be deemed as "serious" illegal business activities:

1, and the illegal business amount is more than 5 million yuan;

2, the amount of illegal income in 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 investigated for criminal responsibility according to law 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;

3, refused to explain the whereabouts of the funds involved or refused to cooperate with the recovery work, resulting in the illegal income can not be recovered;

4. Causing other serious consequences.

To sum up:

The conviction criteria of the crime of illegal trading in foreign exchange mainly include: subjective intention, huge amount, and repeated illegal trading in foreign exchange. At the same time, the conviction criteria for illegal foreign exchange transactions will be refined according to different situations. For example, there will be stricter standards for illegal foreign exchange transactions that organize, lead and participate in cross-border money laundering activities. In the aspect of law application, the conviction standards of illegal foreign exchange transactions will be specifically applied according to the legal systems and judicial practices of different countries to ensure fairness and justice. Therefore, for illegal foreign exchange transactions, we must strictly follow the relevant laws and regulations, judge the conviction standards, decide the application of the law, and ensure the fairness and authority of the law.

Legal basis:

Criminal law of the people's Republic of China

Article 225

It stipulates penalties for illegal business practices, including business restrictions on buying and selling goods without permission, unlicensed business, illegal trading in securities, futures, insurance and other acts that disrupt market order. According to the seriousness of the case, a fine of not less than one time but not more than five times the illegal income shall be imposed, and a fixed-term imprisonment of not more than five years or criminal detention shall be imposed. If the circumstances are particularly serious, a fine of not less than one time but not more than five times the illegal income shall be imposed, or property shall be confiscated.