The crime of money laundering refers to the act of depositing the illegal income and its income into financial institutions, investing or listing and circulating in order to conceal and conceal its source and nature, knowing that it is illegal income and its income from drug crimes, organized crimes of underworld nature, terrorist activities and smuggling crimes, so as to legalize it. Money laundering, as the name implies, is to wash black money and dirty money in vain. The so-called black money and dirty money broadly refer to money from unknown sources or illegally obtained, such as money obtained from drug trafficking, smuggling, terrorism, underworld nature, corruption and bribery. Common forms of money laundering are:
1. Setting up a shell company to launder money is the most typical and commonly used money laundering mode.
2. Money-laundering through false name deposit or purchase of financial instruments.
3, illegal money laundering, illegal funds mixed with legal funds through financial institutions.
4. Use import and export trade to launder money, and transfer the stolen money abroad by selling at high prices and buying at low prices.
5. Set up a foreign-funded company or use the foreign exchange black market for international money laundering, and return to China as an overseas investor after money laundering.
6. Tax fraud and money laundering. Set up fake enterprises, engage in fake exports, defraud tax rebates and transfer illegal funds through various channels.
7. Use affiliated units to launder money.
8. Money laundering by taking a lot of cash from different places.
9. Money laundering through "underground money houses".
10, money laundering through insurance companies. After the insurance, the illegal funds will be recovered through legal forms such as refund and surrender.
1 1. Money laundering in the form of private lending.
12. Money laundering through frequent securities and futures trading.
13, using state-owned enterprises to launder money. Transfer and sell the property rights of state-owned enterprises at low prices, and divest state-owned assets to private enterprises.
Legal basis:
Article 191 of the Criminal Law of People's Republic of China (PRC) * * * knowingly commits one of the following acts, which is the proceeds of drug crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, corruption and bribery crimes and financial fraud crimes, and shall be confiscated and 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 shall also be fined not less than five percent but not more than twenty percent of the money laundering amount:
(1) Providing capital accounts;
(2) Assisting in converting property into cash, financial bills and securities;
(three) to assist the transfer of funds through transfer or other settlement methods;
(four) to assist the remittance of funds abroad;
(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 sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Derivative problem:
What are the manifestations of money laundering crime? A:
1. Setting up a shell company to launder money is the most typical and commonly used money laundering mode.
2. Money-laundering through false name deposit or purchase of financial instruments.
3, illegal money laundering, illegal funds mixed with legal funds through financial institutions.
4. Use import and export trade to launder money, and transfer the stolen money abroad by selling at high prices and buying at low prices.
5. Set up a foreign-funded company or use the foreign exchange black market for international money laundering, and return to China as an overseas investor after money laundering.
6. Tax fraud and money laundering. Set up fake enterprises, engage in fake exports, defraud tax rebates and transfer illegal funds through various channels.
7. Use affiliated units to launder money.
8. Money laundering by taking a lot of cash from different places.
9. Money laundering through "underground money houses".
10, money laundering through insurance companies. After the insurance, the illegal funds will be recovered through legal forms such as refund and surrender.
1 1. Money laundering in the form of private lending.
12. Money laundering through frequent securities and futures trading.
13, using state-owned enterprises to launder money. Transfer and sell the property rights of state-owned enterprises at low prices, and divest state-owned assets to private enterprises.