Legal analysis
Illegal fund payment settlement business or illegal trading of foreign exchange shall be deemed as "serious" under any of the following circumstances: (1) the amount of illegal business is more than 5 million yuan; (two) the amount of illegal income is more than one hundred thousand yuan. If the amount of illegal business is more than 2.5 million yuan, or the amount of illegal income is more than 50,000 yuan, it can be considered as "serious" illegal business under any of the following circumstances: (1) being criminally investigated for illegally engaging in fund payment and settlement business or illegally buying and selling foreign exchange; (2) Being subject to administrative punishment for illegal fund payment and settlement business or illegal foreign exchange trading within two years; (three) refused to explain the whereabouts of the funds involved or refused to cooperate with the recovery work, so that the money could not be recovered; (4) Causing other serious consequences.
legal ground
Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, 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: (1) dealing in franchise, monopoly goods or other commodities whose business 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.