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How to judge employees engaged in illegal business

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How to judge employees engaged in illegal business


        

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  • 2024-06-17 01:00:49

    If illegal business is involved, according to the law, if the circumstances are relatively serious, they will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and will also be fined. If the circumstances are especially serious, they will be sentenced to fixed-term imprisonment of not less than five years, and will also be fined, Then the punishment of the company's employees will depend on the role played by the employee in the illegal business activities. If the employee plays a secondary or auxiliary role in the illegal business activities, he will be punished as an accessory, but will be lighter, mitigated or even exempted from punishment, depending on the type of illegal business The amount and frequency shall be further determined. If the amount of illegal business is more than 1 million yuan, or causes the financial institution to fail to repay more than 200000 yuan of funds within the time limit, or causes the financial institution to lose more than 100000 yuan of economic losses, it shall be deemed as "serious" as prescribed by the law;

    Legal basis

    Article 225 of the Criminal Law of the People's Republic of China [Crime of illegal business operation] Whoever, in violation of State regulations, commits one of the following illegal business operations and disturbs 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, or shall only, be fined not less than one time but not more than five times the illegal gains; 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 the illegal gains or be sentenced to confiscation of property:
    (1) Operating, without permission, goods that are monopolized or sold as prescribed by laws and administrative regulations or other goods that are restricted from trading;
    (2) Buying and selling import and export licenses, import and export certificates of origin, and business licenses or approval documents as required by other laws and administrative regulations;
    (3) Illegal operation of securities, futures and insurance business without approval of the relevant competent department of the State, or illegal operation of fund payment and settlement business;
    (4) Other illegal business activities that seriously disrupt the market order.

    w***

    2024-06-17 01:00:49

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