Article 1 of 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 of Illegal Payment of Settlement Funds and Illegal Trading of Foreign Exchange (hereinafter referred to as the Interpretation) stipulates that in violation of state regulations, any of the following circumstances belongs to the crime of illegal payment of settlement funds as stipulated in Item 3 of Article 225 of the Criminal Law:
(1) paying monetary funds to the designated payer by illegal means such as fictitious transactions, false pricing, transaction refund, etc. By accepting the terminal or online payment interface;
(2) Illegally providing services for others to cash out the unit bank settlement account or transfer the unit bank settlement account to a personal account;
(3) illegally providing cheque cashing services for others;
(four) other illegal payment of settlement funds.
In judicial practice, both "cash-out" bills and "money-laundering" bills can be regarded as "illegally engaging in fund payment and settlement business" as stipulated in the third paragraph of Article 225 of the Criminal Law.
The common reason why the act of swiping a bill constitutes the crime of illegal business operation is that in Article 7 of 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 of Defamation by Information Network, it is recognized as "knowingly providing information publishing service through information network for a fee". In addition, part of the brushing behavior may also be due to the "illegal fund payment and settlement business" identified in Item (3) of Article 225 of the Criminal Law, which constitutes the crime of illegal business operation.