Joke Collection Website - Blessing messages - Is it illegal to help people transfer money and get commission?
Is it illegal to help people transfer money and get commission?
If the suspect doesn't know the source of funds and the illegally used funds, it can't constitute a crime, because China's criminal law requires the unity of subject and object to convict, that is to say, even if there is an illegal and criminal act, subjectively not knowing it doesn't constitute a crime. In addition, it is also illegal and criminal to lend, lease or sell your bank card to others. The constitutive requirements of money laundering crime are: it infringes on complex objects; Objectively speaking, it is the illegal income and income of drug crimes, organized crimes of underworld nature, terrorist crimes, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order and financial fraud crimes; The subject is a general subject, and the unit can also constitute this crime; Subjectively, it is direct intention. Knowing that the source of funds raised is illegal funds, still helping others to raise and transfer funds is a crime of covering up and concealing, and if the circumstances are serious, they can be sentenced to fixed-term imprisonment of not more than three years. Of course, for college students, the plot will be alleviated; If you don't know the source of the raised funds, but you know that the funds are illegally used, such as gambling, you will be investigated according to the crime of helping information network criminal activities.
Legal basis:
Criminal law of the people's Republic of China
Article 19 1 stipulates that, in order to conceal and conceal the source and nature of the proceeds from drug crimes, organized crimes of underworld nature, crimes of terrorist activities, crimes of smuggling, crimes of corruption and bribery, crimes of disrupting financial management order, and crimes of financial fraud, whoever knowingly commits one of the following acts shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined more than 5%. 100% of the money laundering amount. If the circumstances are serious, 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 twenty percent of the money laundering amount:
(a) to provide funds account;
(2) Assisting in converting property into cash, financial bills and securities;
(three) to assist the transfer of funds through transfer or other settlement methods;
(four) to assist the remittance of funds abroad;
(5) concealing or disguising the source and nature of the proceeds of crime and their proceeds by other means.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Article 266 Whoever defrauds public or private property in a relatively large amount 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 there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or 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 confiscated. Where there are other provisions in this Law, such provisions shall prevail.
- Previous article:What does China Mobile mean by sending qwert?
- Next article:The flowers have been returned, why are you reminding me to pay back the money?
- Related articles
- Unemployment insurance benefits are delivered by SMS.
- Have you waited for anyone's text message?
- It fell today. Why did I pay the phone bill until now?
- What is Business Information Communication
- How to video chat with others on TV?
- Greetings on February 2nd.
- Do you know if WeChat friends will send it directly?
- What does ZTO Express mean by asking me to provide Ali Wangwang's name for no reason? I returned it to the seller. The refund process has been successful. Why did I win?
- How can I cancel the contract if I accidentally set it?
- Shaanxi undergraduate score line 2023