Buying and selling foreign exchange without permission, buying and selling foreign exchange in disguised form, buying and selling foreign exchange in reverse, or illegally introducing and selling foreign exchange in a large amount, shall be given a warning by the foreign exchange administration organs, the illegal income shall be confiscated, and a fine of less than 30% of the illegal amount shall be imposed; If the circumstances are serious, a fine of not less than 30% of the illegal amount but not more than the equivalent value shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Illegal fund payment and settlement business or illegal trading of foreign exchange, under any of the following circumstances, shall be deemed as "serious" illegal business activities:
1. The illegal business amount is more than 5 million yuan;
2. The amount of illegal income is more than 100,000 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: criminal responsibility is investigated according to law for illegally engaging in fund payment and settlement business or illegally buying and selling foreign exchange; Being subject to administrative punishment for illegal fund payment and settlement business or illegal foreign exchange trading within two years; Refusing to account for the whereabouts of the funds involved or refusing to cooperate with the recovery work, so that the stolen money and goods cannot be recovered; (4) Causing other serious consequences.
Legal basis:
criminal law
Article 225
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, 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 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;