1. What is the sentencing standard for the crime of illegally buying and selling foreign exchange?
1. The sentencing standards for the crime of illegally buying and selling foreign exchange are as follows:
(1) If the circumstances are serious, he 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;
(2) 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.
2. Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC)
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it 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;
(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.
Second, there are several acts of defrauding foreign exchange crimes.
The acts of defrauding foreign exchange crimes are as follows:
1. Using forged or altered customs declarations, import certificates, approval documents of foreign exchange administration departments and other vouchers and documents to fraudulently purchase foreign exchange. Customs declaration forms issued by the customs include import and export goods declaration forms and registration manuals;
2. Repeated use of customs declaration forms, import certificates, approval documents of foreign exchange administration departments and other documents and vouchers to defraud the purchase of foreign exchange. According to the relevant regulations on foreign exchange management, designated foreign exchange banks should affix the seal of foreign exchange supply to the customs declaration forms, commercial documents and other valid documents after handling the sale and payment of foreign exchange for customers.