Whoever fraudulently purchases foreign exchange in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 5% but not more than 30% of the amount of fraudulently purchased foreign exchange; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than five percent but not more than thirty percent of the amount of foreign exchange fraudulently purchased; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 5% but not more than 30% of the foreign exchange defrauded, or his property shall be confiscated.
I. Penalties for reselling foreign exchange
1. According to the relevant regulations of the Supreme People's Court, illegally buying and selling foreign exchange is more than 200,000 US dollars, and the illegal income is more than 50,000 yuan, which constitutes the crime of illegally buying and selling foreign exchange.
2. Illegal foreign exchange management, which constitutes a crime, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention in accordance with the provisions of Article 225 of the Criminal Law, and shall be fined not less than 1 times but not more than 5 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/kloc-0 but not more than 5 times the illegal income, or his property shall be confiscated. If a unit commits a crime, it shall be fined in accordance with Article 23 1 of the Criminal Law, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the above provisions.
Second, make foreign exchange sentencing standards.
1. Whoever fraudulently purchases foreign exchange in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than five percent but not more than thirty percent of the amount of foreign exchange fraudulently purchased;
2. If the amount is huge, it shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than five percent but not more than thirty percent of the amount of foreign exchange fraudulently purchased; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 5% but not more than 30% of the foreign exchange defrauded, or his property shall be confiscated.
3. How many years are you sentenced to doing foreign exchange? What is the maximum sentence for illegally buying and selling foreign exchange?
1. Whoever illegally conducts foreign exchange transactions shall be convicted and punished for the crime of illegal business operation, with a maximum penalty of 15 years' imprisonment.
2. 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 be fined not less than one time but not more than five times the illegal income, if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years. (1) engaging in franchise or monopoly of commodities 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. (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.
Legal basis:
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.
Article 2 Whoever, in violation of state regulations, engages in illegal foreign exchange transactions such as profiteering or profiteering in disguised form, disrupting the order of the financial market, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Item 4 of Article 225 of the Criminal Law.