If you use pose machines to collect cash amounting to 1 million, you will be sentenced.

According to Article 7 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards":

Using point-of-sale terminals in violation of national regulations Machines (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, an illegal charge shall be made in accordance with the provisions of Article 225 of the Criminal Law. Conviction and punishment for business crimes.

Any person who commits the acts in the preceding paragraph and the amount is more than 1 million yuan, or causes the financial institution's funds of more than 200,000 yuan to be overdue, or causes the financial institution to suffer economic losses of more than 100,000 yuan, shall be deemed to be a criminal offender. "Serious circumstances" as stipulated in Article 225.

If the amount is more than 5 million yuan, or if it causes the financial institution's funds to be overdue for more than 1 million yuan, or if it causes the financial institution's economic loss of more than 500,000 yuan, it shall be determined as Article 220 of the Criminal Law. The “extremely serious circumstances” stipulated in the five articles.

Article 225 of the "Criminal Law", the crime of illegal business operation, is punishable by a fixed-term imprisonment of 1 million yuan and one year.

Extended information:

Identification of the crime of illegal business operations

1. Criminal illegality is consistent with its administrative illegality. In other words, illegal operators must Violation of relevant industrial and commercial laws and regulations does not constitute criminal illegality if there is no administrative illegality.

2. Subjectively, it is required that the perpetrator must be intentional and for the purpose of profit. If he does not know that it is illegal and conducts illegal business without the purpose of profit, it will not be considered to constitute a crime. Only administrative penalties can be imposed on the perpetrators.

3. The circumstances of the crime require seriousness to constitute a crime. To determine whether the circumstances are serious, the starting point should be the amount of illegal business and income, and should be combined with whether the perpetrator has committed illegal business behavior. It will be judged whether it has caused heavy losses to the country or caused other serious consequences, and whether it has not repented even after administrative punishment.

The market economy is both a free economy and a law-based economy. When judging the crime of illegal business operations, attention should be paid to the following issues:

1. The illegality of illegal business operations must be in violation of national laws, administrative regulations, etc. Normative documents.

The illegality of illegal business refers to violation of national regulations. This "national regulation" refers to violations of laws and decisions formulated by the National People's Congress and its Standing Committee, administrative regulations, prescribed administrative measures, and decisions and orders issued by the State Council.

The national regulations violated by the crime of illegal business refer to the national regulations on monopoly, monopoly items or other laws and regulations restricting the sale of items, the national regulations on import and export licenses, import and export certificates of origin, and other laws and regulations on business licenses , approval requirements, so it does not refer to violation of general business regulations.

Operating without a license or exceeding the scope of business is not illegal in itself. Only when operating without a license or exceeding the scope of business requires administrative permission can it be illegal in the sense of criminal law.

For example, the business license does not contain the content of operating tobacco, but if tobacco is operated beyond the scope, it is an illegal operation because tobacco is a specialty item. However, if the items operated beyond the scope of the business do not require administrative permission or approval and are not subject to exclusive sales or restricted sales, it will not be considered an illegal business activity.

2. Other illegal business activities must be determined strictly in accordance with the express provisions of the law.

According to the basic principle of the Criminal Law that "anything that is not expressly stipulated in the law will not be considered a crime and will not be punished", the identification of other illegal business activities should be carried out in strict accordance with the express provisions of the law, and criminal liability will be investigated in accordance with the law. Moreover, the provisions of laws, administrative regulations or judicial interpretations on other illegal business activities should be restricted by the principle of "prohibition of the application of ex post facto law". Otherwise, the scope of illegal business crimes will be expanded arbitrarily.

3. On May 2, 2013, the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety"[2] expressly stipulates two forms of crime.

Article 11 stipulates that if the purpose of providing food to others is to produce and sell food, in violation of national regulations, the production and sale of non-food raw materials prohibited by the state from being used in food production and sales, if the circumstances are serious, shall be punished in accordance with the criminal law. Article 225 provides for conviction and punishment for the crime of illegal business operations.

Anyone who violates state regulations by producing or selling pesticides, veterinary drugs, feeds, feed additives, or feed raw materials or feed additive raw materials that are prohibited from production, sale, or use by the state, if the circumstances are serious, shall be convicted and punished in accordance with the provisions of the preceding paragraph. .

Whoever commits the first two acts and also constitutes the crime of producing and selling counterfeit and inferior products, the crime of producing and selling counterfeit pesticides, veterinary drugs and other crimes shall be convicted and punished in accordance with the provisions of heavier penalties.

Article 12 stipulates that anyone who violates state regulations by setting up a pig slaughtering factory (field) privately and engaging in pig slaughtering, sales and other business activities, if the circumstances are serious, will be charged with the crime of illegal business in accordance with the provisions of Article 225 of the Criminal Law. Conviction and punishment.

Standards for filing illegal business crimes:

According to the relevant provisions of the Supreme People's Procuratorate and the Ministry of Public Security's "Provisions on the Prosecution Standards for Economic Crime Cases", illegal business cases must meet the following circumstances: 1. Prosecution should be pursued:

1. Violation of national regulations by leasing international dedicated lines, privately setting up switching equipment or other methods, operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan for profit-making activities without authorization, suspected of the following: In any of the following circumstances, prosecution should be pursued:

(1) The amount of operating outgoing calls is more than 1 million yuan;

(2) The amount of telecommunications tariff losses caused by operating incoming calls More than 1 million yuan;

(3) Although it does not reach the above amount standard, it has been subject to administrative penalties more than 2 times for illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan, and has engaged in illegal business activities. of.

2. Anyone who engages in illegal foreign exchange operations and is suspected of any of the following circumstances shall be prosecuted:

(1) Buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its branches , the amount is more than 200,000 US dollars, or the amount of illegal gains is more than 50,000 yuan;

(2) Companies, enterprises or other units violate relevant foreign trade agency business regulations, use illegal means, or knowingly It is a forged or altered voucher or commercial document, and the amount of foreign exchange purchased from a designated foreign exchange bank for others is more than 5 million US dollars, or the amount of illegal income is more than 500,000 yuan;

(3 ) The intermediary introduced the amount of fraudulent foreign exchange purchases exceeding 1 million U.S. dollars or the amount of illegal gains exceeding 100,000 yuan.

3. Anyone who violates national regulations by publishing, printing, copying, or distributing illegal publications, and is suspected of any of the following circumstances, shall be prosecuted:

1. The amount of personal illegal business is less than 5 If the illegal income of the unit is more than 150,000 yuan, the amount of illegal business operations of the unit is more than 150,000 yuan;

2. If the illegal income of an individual is more than 20,000 yuan, the illegal income of the unit is more than 50,000 yuan; if the illegal income of an individual is more than 50,000 yuan; 5,000 newspapers or 5,000 periodicals or 2,000 books or more than 500 audio-visual products or electronic publications (boxes),

3. The unit illegally operates 15,000 newspapers or 15,000 periodicals or 5,000 books or More than 1,500 pieces (boxes) of audio-visual products and electronic publications.

4. Anyone who illegally operates securities, futures or insurance business without the approval of the relevant national competent authorities, and the illegal business amount is more than 300,000 yuan, or the illegal income amount is more than 50,000 yuan, shall be prosecuted.

5. If an individual or unit engages in other illegal business activities and is suspected of one of the following circumstances, he shall be prosecuted: (1) The amount of the individual’s illegal business is more than 50,000 yuan, or the amount of illegal income is more than 10,000 yuan. or above; (2) The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan.

Baidu Encyclopedia--Criminal Law of the People's Republic of China