Legal basis: Article 1 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Payment and Settlement of Funds and Illegal Trading of Foreign Exchange violates the provisions of the State and belongs to the category of "illegal payment and settlement of funds" as stipulated in Item 3 of Article 225 of the Criminal Law: (1) paying monetary funds to the designated payer by means of fictitious transactions, false pricing, transaction refund and other illegal means by means of accepting terminals or online payment interfaces; (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.
Article 2 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Payment and Settlement of Funds and Illegal Trading of Foreign Exchange violates the provisions of the State by engaging in illegal trading of foreign exchange in disguised form and disrupting the order of the financial market. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Item 4 of Article 225 of the Criminal Law.
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.
Article 191 of the Criminal Law of People's Republic of China (PRC) conceals or conceals the income, source and nature of drug crimes, organized crimes of underworld nature, terrorist crimes, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order and financial fraud crimes, and commits any of the following acts, the above-mentioned criminal income and income shall be confiscated, and they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined: (1) providing a capital account; (2) Converting property into cash, financial bills or securities; (3) Transferring funds by transfer or other payment and settlement methods; (4) Cross-border transfer of assets; (5) concealing or disguising the source and nature of the proceeds of crime and their proceeds by other means. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.