Can the crime of selling foreign exchange be sentenced?
At present, there is no crime of reselling foreign exchange. Whoever illegally buys and sells foreign exchange and disrupts the order of the financial market, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely 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.
The Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Payment of Settlement Funds and Illegal Trading of Foreign Exchange stipulates that illegal trading of foreign exchange, such as reverse trading or disguised trading of foreign exchange, disrupts the order of the financial market, and if the circumstances are serious, it shall be convicted and punished for the crime of illegal business.
According to the person in charge of the relevant departments in the Supreme People's Court and the Supreme People's Procuratorate, the illegal trading of foreign exchange by underground banks mainly includes the traditional domestic direct trading and the common domestic and foreign cross-border (border) payment in disguised form.
Buying and selling foreign exchange means that criminals buy low and sell high on the black market at home and abroad to earn the exchange rate difference. This kind of money house is commonly known as the exchange scalper. Buying and selling foreign exchange in disguise refers to the act of repaying RMB with foreign exchange or repaying RMB with foreign exchange, and realizing currency value conversion through foreign exchange and RMB exchange, rather than direct buying and selling between RMB and foreign exchange.
Article 225 of the Criminal Law of People's Republic of China (PRC) violates state regulations and commits one of the following illegal business operations, disrupting market order. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely 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.
To sum up, when we conduct any business activities, we must be within the scope permitted by law, and we must not touch the legal warning line or take advantage of the legal gray area. Any illegal operation will be punished by law. If you encounter legal problems in the course of business operation and need legal help, you can consult for free.