Illegal foreign exchange operations are suspected of illegal business operations and shall be punished as illegal business operations. The sentencing standards for the crime of illegal foreign exchange operations are as follows:

1. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income;

< p>2. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than one time but not more than five times the illegal income, or his property shall be confiscated;

3. If the illegal business amount exceeds five million yuan, , or the amount of illegal income exceeds 100,000 yuan, it shall be deemed as serious illegal business conduct.

The constituent elements of the crime of illegal business operations are as follows:

1. The object of the infringement is the market order;

2. The subjective aspect consists of intentionality and the ability to seek illegal gains. The purpose of profit;

3. The objective aspect is the unauthorized operation of franchises, monopoly items or other restricted items, the purchase and sale of import and export licenses, etc.;

4. Subject It is a general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability to be criminally responsible.

Legal basis: Article 225 of the "Criminal Law of the People's Republic of China"

The crime of illegal business violates national regulations and involves one of the following illegal business behaviors, disrupting Market order, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not less than twice the illegal income. A fine of not more than five times or property confiscation:

(1) Operating franchises, monopoly items or other restricted items as prescribed 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 in laws and administrative regulations;

(3) Illegal operations of securities, futures, Insurance business, or illegally engaging in fund payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.