Article 2. Illegal operation of foreign exchange, suspected of one of the following circumstances, should be prosecuted:
(1) buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than USD 200,000, or with an illegal income of more than RMB 50,000;
(2) A company, enterprise or other unit, in violation of the relevant provisions on foreign trade agency business, fraudulently buys foreign exchange from a designated foreign exchange bank for others by illegal means, or knowingly forges or alters documents or commercial documents, the amount of which is more than 5 million US dollars, or the illegal income is more than 500,000 yuan;
(3) The amount of foreign exchange fraudulently purchased through intermediary is more than USD 6,543.8+0,000, or the illegal income is more than RMB 6,543.8+0,000.
3 million is a particularly serious situation. The amount involved is 3 million yuan, which cannot be repaid, and may be sentenced to more than five years in prison, fined or confiscated. Article 225 of the Criminal Law of People's Republic of China (PRC): The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, which disturbs the market order. If the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also 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.
legal ground
criminal law