If a unit commits the crime of illegal business operation, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
As for how to determine that the circumstances are particularly serious, we should refer to the relevant regulations of Sichuan Province. According to Article 3 1 of Opinions of Sichuan Higher People's Court on Standards for Implementing Certain Provisions of the Criminal Law and Criteria for Determining Circumstances, the crime of illegal business operation: unless otherwise stipulated by judicial interpretation, if the amount of illegal business operation by individuals is more than 654.38 million yuan or the amount of illegal income is more than 30,000 yuan, if the amount of illegal business operation by units is more than 500,000 yuan or the amount of illegal income is more than 654.38 million yuan, it can be recognized as Article 225 of the Criminal Law. If an individual's illegal business operation amount is more than 300,000 yuan or the illegal income amount is more than 654.38+10,000 yuan, the unit's illegal business operation amount is more than/kloc-0.5 million yuan or the illegal income amount is more than 300,000 yuan, it can be regarded as one of the "particularly serious circumstances" stipulated in Article 225 of the Criminal Law.
(1) The illegal operation of foreign exchange shall be deemed as "serious" under any of the following circumstances:
1. Buying and selling foreign exchange outside the designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with the amount exceeding USD 200,000 or the illegal income exceeding RMB 50,000;
2. Violating the regulations on foreign trade agency business, fraudulently buying foreign exchange for others from designated foreign exchange banks by illegal means or knowing forged or altered documents or commercial documents, with an amount of more than 5 million US dollars or an illegal income of more than 500,000 yuan;
3. Fraudulent purchase of foreign exchange through intermediaries, with the amount exceeding 1 10,000 USD or the illegal income exceeding 1 10,000 RMB. In any of the following circumstances, it belongs to "the circumstances are particularly serious":
(1) buying and selling foreign exchange outside the designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than USD 6,543,800+or an illegal income of more than RMB 200,000;
(2) The unit, in violation of the provisions on foreign trade agency business, fraudulently buys foreign exchange from designated foreign exchange banks for others by illegal means, or knowingly forges or alters vouchers or commercial documents, the amount of which is more than US$ 25 million, or the illegal income is more than RMB 2.5 million;
(3) fraudulently purchasing foreign exchange through intermediaries, with an amount of more than US$ 5 million or an illegal income of more than RMB 500,000.
(two) in violation of state regulations, publishing, printing, copying and distributing illegal films, in any of the following circumstances, is considered as "serious":
1, the amount of illegal business operation by individuals is more than 50,000 yuan, and the amount of illegal business operation by units is more than 6,543.8+0.5 million yuan; 2, the amount of illegal income of individuals is more than 20 thousand yuan, and the amount of illegal income of units is more than 50 thousand yuan;
3. Individuals illegally operate 5000 newspapers or 5000 periodicals or 2000 books or more than 500 audio-visual products and electronic publications, and units illegally operate 15000 newspapers or periodicals 15000 books or more than 5000 audio-visual products and electronic publications.
(three) in violation of state regulations, publishing, printing, copying and distributing illegal publications is "especially serious" in any of the following circumstances:
1, the amount of illegal business operation by individuals is more than 200,000 yuan, and the amount of illegal business operation by units is more than 600,000 yuan; 2, the amount of illegal income of individuals is more than 654.38 million yuan, and the amount of illegal income of units is more than 250,000 yuan;
3. Individuals illegally operate 20,000 newspapers or periodicals or books 1 10,000 or more than 2,000 kinds of audio-visual products and electronic publications, and units illegally operate 60,000 newspapers or periodicals or 20,000 books or more than 60,000 kinds of audio-visual products and electronic publications.
Without the approval of the relevant competent departments of the state, illegally operating securities, futures or insurance business, the amount of illegal business is more than 300 thousand yuan, or the amount of illegal income is more than 50 thousand yuan, which is "serious"; If the amount of illegal business is more than 6.5438+0.2 million yuan, or the amount of illegal income is more than 200,000 yuan, it belongs to "the circumstances are particularly serious".