According to Article 45 of the Regulations on Foreign Exchange Control, those who buy or sell privately, buy or sell in disguised form or illegally introduce large amounts of foreign exchange shall be given a warning, their 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.
Extended data:
Men in Taiwan Province Province were sentenced to 654.38+09 billion yuan for illegally buying and selling foreign exchange.
Zhuang, a 50-year-old native of Taiwan Province, came to Guangzhou to do cloth business more than ten years ago. In the course of business, Zhuang learned that many customers have business dealings with Taiwanese businessmen, and he came up with the idea of doing Taiwan dollar exchange business to earn the difference.
20 1 1 year, Zhuang asked his relatives and friends to handle more than 20 bank cards for him in several major banks, such as Industrial and Commercial Bank of China, and also asked them to handle several bank cards in Taiwan Province Yongfeng Bank. On July 20 1 1, Zhuang started to use the above-mentioned bank card for online exchange of RMB and NT, and hired Gan to transfer money for him.
According to Zhuang, when a customer in Taiwan Province Province needs to remit money to the mainland, he asks the other party to transfer the money to the above-mentioned bank card in Taiwan Province Province, and then he pays the RMB to the customer's mainland home at an exchange rate slightly higher than the exchange rate of RMB against NT dollars on that day; If mainland customers need to remit money to Taiwan Province Province, they will operate at an exchange rate slightly lower than the exchange rate of RMB against NTD on that day to earn the difference.
According to the investigation, from July of 20 1 1 year to June of 20 1 April, among the 44 personal accounts opened by others held by Zhuang, the amount of RMB and NT foreign exchange business was nearly 927 million yuan, accounting for about1. Zhuang actually made illegal profits of more than 2 million yuan.
The case was under the jurisdiction of Suichang Court appointed by the Supreme People's Court. After the trial, the court held that the defendant Zhuang's behavior constituted the crime of illegal business operation. Considering his good attitude of pleading guilty after being brought to justice, he has recovered illegal income of 1 10,000 yuan, sentenced to six years and six months in prison and fined 2 million yuan.
Gan knew that the defendant Zhuang illegally bought and sold foreign exchange and still transferred funds for him. Its behavior has also constituted the crime of illegal business operation. He was sentenced to three years in prison, suspended for four years and fined 250,000 yuan.
Baidu Encyclopedia-Regulations of People's Republic of China (PRC) Municipality on Foreign Exchange Management
People's Daily Online-A man in Taiwan Province Province was sentenced for illegally buying and selling foreign exchange amounting to 6543.8 yuan+900 million yuan.