非法经营罪
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依法打击涉外汇违法犯罪行为!两部门联合发布典型案例
Jin Rong Shi Bao· 2025-05-09 11:29
Group 1 - The core message of the news is to highlight illegal activities in the foreign exchange sector and the importance of adhering to regulations to prevent violations [1][2][3] - The Supreme People's Procuratorate and the State Administration of Foreign Exchange have released six typical cases of criminal and administrative violations in the foreign exchange field from January 2020 to September 2023 [1] - The cases illustrate various methods of illegal foreign exchange transactions, including unauthorized currency exchange services and illegal trading of foreign currencies without proper licenses [1] Group 2 - The news emphasizes the need for unified enforcement and judicial standards to prevent regulatory loopholes in the foreign exchange sector, ensuring that both criminal and administrative responsibilities are addressed [2] - It is noted that individuals who merely lend their foreign exchange accounts without direct involvement in illegal activities may not face criminal charges due to lack of intent, but can still be subject to administrative penalties [2] - The publication aims to raise public awareness about the legal use of foreign exchange and warns against engaging in illegal activities that could facilitate underground money laundering operations [3]
礼品卡交易掩藏着买卖外汇犯罪
Zhong Guo Xin Wen Wang· 2025-05-08 07:47
Core Viewpoint - The rise of international gift cards has led to a new form of crime in China, where illegal trading of these cards is used to exploit currency exchange differences, posing a threat to financial order [1][6][7]. Group 1: Criminal Activities - A criminal gang was formed to illegally trade international gift cards, using a network company as a facade for their operations [2][3]. - The gang utilized cross-border chat applications to purchase gift cards from foreign holders and sold them domestically, profiting from the currency exchange rate differences [2][5]. - The total illegal operating amount for the network company reached 537.2 million yuan, while the trading volume for the trading company was 9.58 million yuan, with profits exceeding 7 million yuan from currency arbitrage [5]. Group 2: Legal Proceedings - The case was initiated after police received tips about illegal activities in the area, leading to the arrest of the gang members [4][6]. - The defendants claimed their actions were legal, but evidence from chat records and financial transactions indicated their awareness of the illegal nature of their activities [4][6]. - The court sentenced 20 defendants to prison terms ranging from 5 months to 7 years and 6 months, with fines imposed, which were upheld upon appeal [6][7]. Group 3: Regulatory Implications - The illegal trading of international gift cards disrupts financial order and poses significant challenges to economic security in China [7][8]. - The case highlights the need for improved regulatory mechanisms and collaboration among law enforcement, foreign exchange management, and market supervision agencies to combat such illicit activities [7][8]. - The characteristics of this crime include strong concealment, complex payment methods, and a well-organized structure, indicating a complete criminal industry chain [8].