Illegal. If you are helping customers cash out, it is illegal. Since the cash-out funds have separated from the normal credit management channels of banks and escaped the management sight and control of regulatory authorities, they have seriously damaged the management order of my country's financial market and planted unstable factors in the country's overall financial order. So cashing out is illegal.

Identification of the crime of illegal business operations

1. Criminal illegality is consistent with its administrative illegality. In other words, illegal operators must violate relevant industrial and commercial regulations and have no administrative illegality. There is no criminal 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" clearly 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: Conviction and punishment for illegal business operations

Violating state regulations, producing and selling pesticides, veterinary drugs, feeds, feed additives, or feed raw materials, feeds that are prohibited from production, sale, and use by the state. Additive raw materials, if the circumstances are serious, 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, should be prosecuted

1. Violation of national regulations, leasing international dedicated lines, privately setting up transfer 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 circumstances Any one of the following shall be prosecuted:

(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 is less than 1 million yuan; More than 1 million yuan;

(3) Although the amount does not reach the above-mentioned standard, but 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 also conducts illegal business activities .

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.

Legal basis

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstruction of Credit Card Management"

Article 6: If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. .

If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and escape after overdrafting Bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "larger amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the People's Court's judgment is pronounced, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

Article 7 Violates national regulations by using point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc., and the circumstances are serious , should be convicted and punished for the crime of illegal business operations in accordance with the provisions of Article 225 of the Criminal Law.

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. "Severe circumstances" as stipulated in Article 225; if the amount is more than 5 million yuan, or if the financial institution's funds are overdue for more than 1 million yuan, or if the financial institution's economic losses are more than 500,000 yuan, it shall be determined. It is "especially serious circumstances" as stipulated in Article 225 of the Criminal Law.

If a cardholder maliciously overdrafts in the above manner for the purpose of illegal possession and should be held criminally responsible, he will be convicted and punished for the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.