1. Outbound business with illegal business amount100000 yuan or more or inbound business with telecom tariff loss amount1000000 yuan or more.
2. Individuals who have received administrative punishment for more than two times are engaged in illegal business activities again.
3. The amount of illegal trading in foreign exchange reaches more than 200,000 US dollars, or the illegal income reaches more than 50,000 yuan.
4. The company or unit violates the regulations on foreign trade agency business, and the amount reaches more than 5 million dollars, or the illegal income reaches more than 500,000 yuan.
5. The amount of foreign exchange fraudulently purchased reaches more than USD 6,543,800+or the illegal income reaches more than RMB 6,543,800+.
6 illegal securities, futures or insurance business, the amount reached more than 300 thousand yuan, or the illegal income reached more than 50 thousand yuan.
7. In other illegal business activities, the personal amount reaches more than 50,000 yuan or the illegal income reaches more than 1 10,000 yuan, the unit amount reaches more than 500,000 yuan or the illegal income reaches more than 1 10,000 yuan.
The legal provisions of illegal business:
1, constitutive requirements: the constitutive requirements of the crime of illegal business operation include that the subject must be a natural person, legal person or other organization with criminal responsibility; Subjectively, there is direct intention; Objectively, it is manifested as business activities that violate state regulations;
2. Illegal situation: acts that violate administrative regulations, such as operating without a license, operating beyond the scope, and operating beyond the limit;
3. Social harmfulness: the behavior must cause damage to the interests of the country and the people, which has certain social harmfulness;
4. Criminal Law: According to Article 225 of the Criminal Law of People's Republic of China (PRC), anyone who illegally operates similar businesses and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined;
5. Identification criteria: According to the relevant judicial interpretations in the Supreme People's Court and the Supreme People's Procuratorate, the conviction and sentencing criteria for the crime of illegal business operation are defined, including the specific amount criteria such as the amount of illegal business operation and the amount of illegal profits.
To sum up, the conviction criteria for the crime of illegally operating gangs include, but are not limited to, illegal communication business or foreign exchange transactions reaching a certain amount, repeated offenses after repeated administrative punishments, violation of foreign trade agency laws and regulations, fraudulent introduction of foreign exchange, illegal securities and futures insurance business and other illegal business activities, in which there are clear provisions on the amount involved or illegal income.
Legal basis:
Criminal law of the people's Republic of China
Article 225
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 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.