Problem: The number of money laundered by friends driven by others reached 850000 without knowing it. How to convict
[Legal opinion] 1. If you do not know, it will not constitute a crime, nor will you be sentenced. 2. Money laundering, first of all, must know or should know that it is black money, in order to constitute a crime. So don't worry. [Legal basis] Article 191 [Crime of money laundering] If anyone knowingly commits one of the following acts in order to cover up or conceal the source and nature of the proceeds from drug crimes, organizational crimes, activity crimes, crimes, bribery crimes, crimes against financial management order, financial fraud crimes and the proceeds generated therefrom, the proceeds from the above crimes and the proceeds generated therefrom shall be confiscated, 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 five percent but not more than 20 percent of the amount of money laundered; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 5 percent but not more than 20 percent of the amount of money laundered: (1) providing a capital account; （2） Assisting in converting property into cash, financial instruments or securities; （3） Assisting in fund transfer through transfer or other settlement methods; （4） Assisting in remitting funds overseas; （5） Covering up or concealing the source and nature of criminal gains and their proceeds by other means. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. Article 266 of the Criminal Law of the People's Republic of China [Crime of Fraud] Whoever swindles public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property. Where this Law provides otherwise, such provisions shall prevail.
