Liulichang was sold at a high price, but it was really thought that there would be no trace
Lawyer Xu will take you to re-read the 16th Dynasty of the Ming Dynasty
Criminal Crimes of Enterprise Management 012
- Money Laundering Crime
02-01-012-C
Daming Community
It is said that Zhang Zhiduan " Along the River During the Qingming Festival " is now available in Liulichang! This is Emperor Daojun's thin gold body royal pen and is engraved with the small seal of two dragons for appreciating and collecting art. It must be a holy product if it is certified as an idol.
Thank you for your encouragement and support. In view of the fact that various legal series of [Xu Xu Daolai’s story about the drama] have been published one after another on Today’s headlines and the WeChat subscription account , so fans who like it are kindly asked to pay attention to [Xu Xu Daolai’s story about the drama], and other relatives and friends also Published sketches in each issue can be found in my WeChat Moments.
※Historical knowledge
1. Zhu Houxun (1507～1567), the grandson of Zhu Jianshen ( Chenghua ), the nephew of Zhu Youtang ( Hongzhi), the son of King Xingxian Zhu Youqiu, The cousin of Zhu Houzhao ( Zhengde ), the 11th emperor of the Ming Dynasty was Ming Shizong , with the reign name Jiajing . He was the longest reigning emperor in the Ming Dynasty for 45 years. In his early years, he created the situation of Jiajing Zhongxing (New Deal). He gave himself three Taoist titles in his life, namely Feiyuan Zhenjun, Zhongxiao Emperor, Wanshou Emperor .
2. Yan Song (1480~1566), with the courtesy name Weizhong, nicknames Mian'an, Jiexi, Fenyi, etc., was born in Fenyi, Yuanzhou Prefecture, Jiangxi Province, and his ancestral home was Shaowu, Fujian. He was a politician and powerful official in the Ming Dynasty who specialized in national affairs for nearly 15 years. Years long.
3. Xu Jie (1503~1583), named Zisheng, named Shaohu, and No. 1 Cunzhai. A native of Huating County, Songjiang Prefecture. A famous minister in the mid-Ming Dynasty, he was the chief minister of the cabinet from the late Jiajing period to the early Longqing period.
4. Yan Shifan (1513～1565), whose courtesy name was Deqiu, whose name was Donglou, whose nickname was Qing'er, and who lived in Yiren, Yuanzhou Prefecture, Jiangxi Province. The son of Yan Song, a minister of the Ming Dynasty and the chief minister of the Jiajing Dynasty, was said to be cunning and debating, well-versed in current affairs, familiar with national laws, and able to figure out what was best for him. Therefore, he was called the number one genius of the Jiajing Dynasty, the little prime minister , and the little cabinet elder.
05. Song Huizong Zhao Ji's " Drunken and Desolate ‧ Preview of Jinglong, in Memory of the Queen of the Ming Festival": choked without words, looking at the lanterns to remember the New Year season. Xingxing refers to the moon. Xingxing said, "May the moon be always full and never be short of it for a while." This year’s flower market has an array of lanterns, and the good lanterns are so heartwarming. I dare not speak clearly in front of others, I can't bear to raise my head, and I am ashamed to see the old moon.
※ Recommended movies
" The Shawshank Redemption " United States 国] (1994, 142 minutes)
based on Stephen Eder Adapted from Wyn King's 1982 novella "The Shawshank Redemption", it mainly tells the story of Andy, a banker who is imprisoned for shooting his wife and her lover, and Eli, who can smuggle various prohibited goods for inmates. Si became a friend, and Andy quietly planned self-rescue for the camp step by step, and finally successfully escaped from prison and regained his freedom. It includes money laundering techniques that help the prison warden turn the black money earned into white money through various methods such as investment and financial management.
[Related time and space background]
my country ratified the United Nations Convention on Narcotics Control in 1989. In accordance with the requirements of the Convention, the Standing Committee of the National People's Congress promulgated the "Decision on Narcotics Control" in 1990 (now abolished).This decision is the prototype of criminal legislation against money laundering.
. In October 1997, the new "Criminal Law" implemented in 1997 clearly added the crime of money laundering, and stipulated three predicate crimes: drug crime, organized crime of a mafia nature, and smuggling crime.
. In December 2001, the predicate crime of terrorist activities was added to the 2001 Criminal Law Amendment (III).
. June 2006
In the 2006 "Criminal Law Amendment (6)" crimes of corruption and bribery, crimes of disrupting financial management order, and crimes of financial fraud were added. That is, the current criminal law stipulates 7 kinds of predicate crimes. . Our country's criminal law not only stipulates the types of predicate crimes, but also lists several money laundering methods and uses "other methods" to cover complex and changeable money laundering methods.
5. January 2007
In order to combat money laundering crimes more specifically and professionally, my country began to implement the " Anti-Money Laundering Law " in 2007.
6. In November 2009
In 2009 the Supreme People's Court issued "The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Money Laundering and Other Criminal Cases" (Fa Interpretation [2009] No. 15) further standardized the judicial authorities' Combating money laundering crimes and applying the law.
7. March 2021
In order to strengthen the criminal crackdown on money laundering, "Amendment to the Criminal Law (Eleven)" passed the deletion of the three terms "assisting" and "knowingly" in Article 191 of the objective behavior. , changed the restrictive framework that money laundering crimes can only be committed by others, and included self-laundering within the scope of money laundering crimes. This is a major progress at the legislative level, breaking through the traditional theoretical thinking of stolen goods crime. After self-conviction of money laundering, the judicial application of money laundering crimes will experience a "blowout" growth, which will fundamentally improve the weak judicial effect of anti-money laundering in my country. At the same time, in terms of fines and penalties for this crime, the "Criminal Law Amendment (Eleven)" also abolished the maximum fine system.
[Relevant laws and regulations]
Article 191 of the Criminal Law [Crime of Money Laundering]
is to cover up and conceal drug crimes, organized crimes of a mafia nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes that disrupt financial management order, and financial fraud. The income from crime and the source and nature of the proceeds shall be confiscated, and the proceeds from the above crimes and the proceeds shall be confiscated, and shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and shall also or solely be fined; If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and shall also be fined:
(1) Providing a capital account;
(2) Converting property into cash, financial instruments, or securities;
(3) Passing Transferring funds through bank transfer or other payment and settlement methods;
(4) Transferring assets across borders;
(5) Using other methods to disguise or conceal criminal proceeds and the source and nature of the proceeds.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph."
Before the amendment of the "Criminal Law Amendment (Eleven)" | After the amendment of the "Criminal Law Amendment (Eleven)" |
| For cover-up or concealment. Proceeds from drug crimes, organized crimes of a mafia nature, terrorism crimes, smuggling crimes, corruption and bribery crimes, crimes that disrupt financial management order, crimes of financial fraud and the source and nature of the proceeds, and any of the following acts shall be confiscated The proceeds from the above crimes and the proceeds thereof shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and shall also be fined: (1) Provided (2) Converting property into cash, financial instruments, and securities; (3) Transferring funds through transfer or other payment methods; (4) Cross-border transfer of assets ; If a unit commits the crime in the preceding paragraph, the unit shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. |
[Legal knowledge involved]
※ Requirements for the crime of money laundering
(1) Providing a capital account: refers to opening a bank capital account for the criminal or providing an existing bank capital account to the criminal for use;
(2) Converting property into cash , Financial bills, securities: including the conversion of physical objects into cash or financial bills, the conversion of cash into financial bills or the conversion of financial bills into cash, and the conversion of this kind of cash (such as RMB) into that kind of cash. (such as U.S. dollars), convert this kind of financial instrument (such as the instrument issued by a foreign financial institution) into that type of financial instrument (such as the instrument issued by a Chinese financial institution);
(3) Transfer funds through transfer or other payment settlement methods;
(4) Cross-border transfer of assets;
(5) Concealing or concealing the illegal proceeds from crime and the source and nature of the proceeds in other ways: refers to all other methods of concealing or concealing the illegal proceeds from crime and the nature and source of the proceeds. , such as investing criminal proceeds in a certain industry, using criminal proceeds to purchase real estate, etc.
. The criminal subject of this crime is a general subject, including natural persons who are over 16 years old and have criminal liability . Units can also commit this crime.
. The subjective aspect of this crime is intentionality, that is, the perpetrator knows that his behavior is to cover up illegal gains from crime, conceals its source and nature, does it deliberately for profit, and hopes that this result will happen.
※The determination of "knowingly" in criminal intent
should be based on the defendant's cognitive ability, contact with other people's criminal proceeds and their proceeds, the types and amounts of criminal proceeds and their proceeds, and the criminal proceeds and their proceeds. The determination is made based on subjective and objective factors such as the conversion and transfer method and the defendant's confession.
If one of the following circumstances occurs, the defendant may be deemed to have known that the proceeds of crime and his proceeds were known to him, unless there is evidence to prove that he did not know:
(1) Knowing that others are engaged in criminal activities and assisting in the conversion or transfer of property;
(2 ) Without justifiable reasons, assisting in the conversion or transfer of property through illegal means;
(3) Without justifiable reasons, purchasing property at a price that is significantly lower than the market price;
(4) Without justifiable reasons, assisting in the conversion or transfer of property and charging obvious The "handling fee" is higher than the market;
(5) Assisting others to deposit huge amounts of cash in multiple bank accounts or frequently transferring it between different bank accounts without legitimate reasons;
(6) Assisting close relatives or Other closely related people convert or transfer property that is obviously inconsistent with their occupation or property status;
(7) Other circumstances that can be determined to be known to the perpetrator.
Note: If the defendant mistook the criminal proceeds and proceeds of a certain predicate crime for the crime of money laundering as other criminal proceeds and proceeds within the scope of other predicate crimes of this crime, it is an object error in the specific misunderstanding of facts and does not affect the case. Determination of “knowingly” crime of money laundering.
※ Determined to "disguise and conceal the source and nature of criminal proceeds and proceeds by other means"
(1) assisting in the transfer and conversion of criminal proceeds and proceeds through pawning, leasing, trading, investment, etc.;
(2) Assisting in the transfer and conversion of criminal proceeds and proceeds by mixing them with the operating income of cash-intensive places such as shopping malls, restaurants, entertainment venues, etc.;
(3) Through fictitious transactions, fictitious claims and debts, false guarantees, false reporting of income, etc.
(4) Assisting in the conversion of criminal proceeds and proceeds through the sale of lottery tickets, lottery tickets, etc.;
(5) Assisting in the conversion of criminal proceeds and proceeds through gambling and converting the proceeds into gambling proceeds;
(6) assisting in carrying, transporting or mailing the proceeds of crime and its proceeds out of the country;
(7) assisting in the transfer and conversion of the proceeds of crime and its proceeds by means other than the aforementioned provisions.
[Typical case]
Ke Moujia’s money laundering case
From the end of 2010 to June 2014, the defendant Ke Moujia knew that his mother Ni and father Ke B (both handled in separate cases) had insufficient economic income. Gao still asked Ni to provide funds on the grounds of running a company, investing, etc., and Ni successively transferred a total of 5,825,803 yuan from the operation of the "Economic Mutual Aid Association" to the defendant Ke A for use through Ke B. During this period, the defendant Ke Moujia was unable to return the balance after returning 1,118,000 yuan due to operating losses and other reasons. From July 2014 to December of the same year, the defendant Ke Moujia knew that Ni Mou had difficulties in capital turnover due to maintaining the operation of the "Economic Mutual Aid Association", but he continued to request funds from him many times, and Ni Mou passed it through Ke Mouyou one after another. A total of 958,500 yuan in membership proceeds from the operation of the "Economic Mutual Aid Association" was transferred to defendant Ke Moujia, who later used the above funds to repay personal debts. During this period, defendant Ke Moujia only returned the repayment of 145,000 yuan.
. Judgment result (excerpt)
As for the defendant’s defender’s opinion that the amount of money laundered by defendant Ke Moujia in the second section of the accusation should be 145,000 yuan instead of 958,500 yuan, this court held after review that the defendant Person Ke A used the above-mentioned amount of 958,500 yuan remitted by Ni, Ke B and others to repay personal debts, etc. This was still an act of covering up the criminal proceeds of specific predicate crimes and concealing their source and nature. The relevant amount of money laundering The determination is not limited to the amount actually returned to the predicate criminal perpetrator. The above-mentioned defense opinions put forward by the defender are not justified and will not be adopted.
This court believes that defendant Ke Moujia knew clearly that the proceeds were obtained from crimes that disrupted the order of financial management, but still concealed and concealed their source and nature by providing capital accounts and investing, and his behavior constituted the crime of money laundering. The charges charged by the public prosecution were found guilty. In view of the fact that defendant Ke Moujia truthfully confessed his crime after the incident, he shall be given a lighter punishment. In order to strictly enforce the socialist legal system, based on the facts of the defendant's crime in this case, the nature and circumstances of the crime, and the degree of harm to society, in accordance with Article 191, paragraph 1, Article 67, paragraph 3, and "Criminal Law of the People's Republic of China" According to the provisions of Articles 1 and 2 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Money Laundering and Other Criminal Cases", the defendant Ke Moujia was sentenced to 2 years and 8 months in prison and punished The gold amount is RMB 350,000. Defendant Ke Moujia’s illegal income of RMB 5,521,303 from committing money laundering crimes was confiscated. Liulichang was sold at a high price, but it was really thought that there would be no trace Lawyer Xu will take you to re-read the 16th Dynasty of the Ming Dynasty Criminal Crimes of Enterprise Management 012 - Money Laundering Crime 02-01-012-C Daming Community It is said that Zhang Zhiduan " Along the River During the Qingming Festival " is now available in Liulichang! This is Emperor Daojun's thin gold body royal pen and is engraved with the small seal of two dragons for appreciating and collecting art. It must be a holy product if it is certified as an idol. Thank you for your encouragement and support. In view of the fact that various legal series of [Xu Xu Daolai’s story about the drama] have been published one after another on Today’s headlines and the WeChat subscription account , so fans who like it are kindly asked to pay attention to [Xu Xu Daolai’s story about the drama], and other relatives and friends also Published sketches in each issue can be found in my WeChat Moments. ※Historical knowledge1. Zhu Houxun (1507～1567), the grandson of Zhu Jianshen ( Chenghua ), the nephew of Zhu Youtang ( Hongzhi), the son of King Xingxian Zhu Youqiu, The cousin of Zhu Houzhao ( Zhengde ), the 11th emperor of the Ming Dynasty was Ming Shizong , with the reign name Jiajing . He was the longest reigning emperor in the Ming Dynasty for 45 years. In his early years, he created the situation of Jiajing Zhongxing (New Deal). He gave himself three Taoist titles in his life, namely Feiyuan Zhenjun, Zhongxiao Emperor, Wanshou Emperor .
2. Yan Song (1480~1566), with the courtesy name Weizhong, nicknames Mian'an, Jiexi, Fenyi, etc., was born in Fenyi, Yuanzhou Prefecture, Jiangxi Province, and his ancestral home was Shaowu, Fujian. He was a politician and powerful official in the Ming Dynasty who specialized in national affairs for nearly 15 years. Years long.
3. Xu Jie (1503~1583), named Zisheng, named Shaohu, and No. 1 Cunzhai. A native of Huating County, Songjiang Prefecture. A famous minister in the mid-Ming Dynasty, he was the chief minister of the cabinet from the late Jiajing period to the early Longqing period.
4. Yan Shifan (1513～1565), whose courtesy name was Deqiu, whose name was Donglou, whose nickname was Qing'er, and who lived in Yiren, Yuanzhou Prefecture, Jiangxi Province. The son of Yan Song, a minister of the Ming Dynasty and the chief minister of the Jiajing Dynasty, was said to be cunning and debating, well-versed in current affairs, familiar with national laws, and able to figure out what was best for him. Therefore, he was called the number one genius of the Jiajing Dynasty, the little prime minister , and the little cabinet elder.
05. Song Huizong Zhao Ji's " Drunken and Desolate ‧ Preview of Jinglong, in Memory of the Queen of the Ming Festival": choked without words, looking at the lanterns to remember the New Year season. Xingxing refers to the moon. Xingxing said, "May the moon be always full and never be short of it for a while." This year’s flower market has an array of lanterns, and the good lanterns are so heartwarming. I dare not speak clearly in front of others, I can't bear to raise my head, and I am ashamed to see the old moon.
※ Recommended movies
" The Shawshank Redemption " United States 国] (1994, 142 minutes)
based on Stephen Eder Adapted from Wyn King's 1982 novella "The Shawshank Redemption", it mainly tells the story of Andy, a banker who is imprisoned for shooting his wife and her lover, and Eli, who can smuggle various prohibited goods for inmates. Si became a friend, and Andy quietly planned self-rescue for the camp step by step, and finally successfully escaped from prison and regained his freedom. It includes money laundering techniques that help the prison warden turn the black money earned into white money through various methods such as investment and financial management.
[Related time and space background]
my country ratified the United Nations Convention on Narcotics Control in 1989. In accordance with the requirements of the Convention, the Standing Committee of the National People's Congress promulgated the "Decision on Narcotics Control" in 1990 (now abolished).This decision is the prototype of criminal legislation against money laundering.
. In October 1997, the new "Criminal Law" implemented in 1997 clearly added the crime of money laundering, and stipulated three predicate crimes: drug crime, organized crime of a mafia nature, and smuggling crime.
. In December 2001, the predicate crime of terrorist activities was added to the 2001 Criminal Law Amendment (III).
. June 2006
In the 2006 "Criminal Law Amendment (6)" crimes of corruption and bribery, crimes of disrupting financial management order, and crimes of financial fraud were added. That is, the current criminal law stipulates 7 kinds of predicate crimes. . Our country's criminal law not only stipulates the types of predicate crimes, but also lists several money laundering methods and uses "other methods" to cover complex and changeable money laundering methods.
5. January 2007
In order to combat money laundering crimes more specifically and professionally, my country began to implement the " Anti-Money Laundering Law " in 2007.
6. In November 2009
In 2009 the Supreme People's Court issued "The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Money Laundering and Other Criminal Cases" (Fa Interpretation [2009] No. 15) further standardized the judicial authorities' Combating money laundering crimes and applying the law.
7. March 2021
In order to strengthen the criminal crackdown on money laundering, "Amendment to the Criminal Law (Eleven)" passed the deletion of the three terms "assisting" and "knowingly" in Article 191 of the objective behavior. , changed the restrictive framework that money laundering crimes can only be committed by others, and included self-laundering within the scope of money laundering crimes. This is a major progress at the legislative level, breaking through the traditional theoretical thinking of stolen goods crime. After self-conviction of money laundering, the judicial application of money laundering crimes will experience a "blowout" growth, which will fundamentally improve the weak judicial effect of anti-money laundering in my country. At the same time, in terms of fines and penalties for this crime, the "Criminal Law Amendment (Eleven)" also abolished the maximum fine system.
[Relevant laws and regulations]
Article 191 of the Criminal Law [Crime of Money Laundering]
is to cover up and conceal drug crimes, organized crimes of a mafia nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes that disrupt financial management order, and financial fraud. The income from crime and the source and nature of the proceeds shall be confiscated, and the proceeds from the above crimes and the proceeds shall be confiscated, and shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and shall also or solely be fined; If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and shall also be fined:
(1) Providing a capital account;
(2) Converting property into cash, financial instruments, or securities;
(3) Passing Transferring funds through bank transfer or other payment and settlement methods;
(4) Transferring assets across borders;
(5) Using other methods to disguise or conceal criminal proceeds and the source and nature of the proceeds.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph."
Before the amendment of the "Criminal Law Amendment (Eleven)" | After the amendment of the "Criminal Law Amendment (Eleven)" |
| For cover-up or concealment. Proceeds from drug crimes, organized crimes of a mafia nature, terrorism crimes, smuggling crimes, corruption and bribery crimes, crimes that disrupt financial management order, crimes of financial fraud and the source and nature of the proceeds, and any of the following acts shall be confiscated The proceeds from the above crimes and the proceeds thereof shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and shall also be fined: (1) Provided (2) Converting property into cash, financial instruments, and securities; (3) Transferring funds through transfer or other payment methods; (4) Cross-border transfer of assets ; If a unit commits the crime in the preceding paragraph, the unit shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. |
[Legal knowledge involved]
※ Requirements for the crime of money laundering
(1) Providing a capital account: refers to opening a bank capital account for the criminal or providing an existing bank capital account to the criminal for use;
(2) Converting property into cash , Financial bills, securities: including the conversion of physical objects into cash or financial bills, the conversion of cash into financial bills or the conversion of financial bills into cash, and the conversion of this kind of cash (such as RMB) into that kind of cash. (such as U.S. dollars), convert this kind of financial instrument (such as the instrument issued by a foreign financial institution) into that type of financial instrument (such as the instrument issued by a Chinese financial institution);
(3) Transfer funds through transfer or other payment settlement methods;
(4) Cross-border transfer of assets;
(5) Concealing or concealing the illegal proceeds from crime and the source and nature of the proceeds in other ways: refers to all other methods of concealing or concealing the illegal proceeds from crime and the nature and source of the proceeds. , such as investing criminal proceeds in a certain industry, using criminal proceeds to purchase real estate, etc.
. The criminal subject of this crime is a general subject, including natural persons who are over 16 years old and have criminal liability . Units can also commit this crime.
. The subjective aspect of this crime is intentionality, that is, the perpetrator knows that his behavior is to cover up illegal gains from crime, conceals its source and nature, does it deliberately for profit, and hopes that this result will happen.
※The determination of "knowingly" in criminal intent
should be based on the defendant's cognitive ability, contact with other people's criminal proceeds and their proceeds, the types and amounts of criminal proceeds and their proceeds, and the criminal proceeds and their proceeds. The determination is made based on subjective and objective factors such as the conversion and transfer method and the defendant's confession.
If one of the following circumstances occurs, the defendant may be deemed to have known that the proceeds of crime and his proceeds were known to him, unless there is evidence to prove that he did not know:
(1) Knowing that others are engaged in criminal activities and assisting in the conversion or transfer of property;
(2 ) Without justifiable reasons, assisting in the conversion or transfer of property through illegal means;
(3) Without justifiable reasons, purchasing property at a price that is significantly lower than the market price;
(4) Without justifiable reasons, assisting in the conversion or transfer of property and charging obvious The "handling fee" is higher than the market;
(5) Assisting others to deposit huge amounts of cash in multiple bank accounts or frequently transferring it between different bank accounts without legitimate reasons;
(6) Assisting close relatives or Other closely related people convert or transfer property that is obviously inconsistent with their occupation or property status;
(7) Other circumstances that can be determined to be known to the perpetrator.
Note: If the defendant mistook the criminal proceeds and proceeds of a certain predicate crime for the crime of money laundering as other criminal proceeds and proceeds within the scope of other predicate crimes of this crime, it is an object error in the specific misunderstanding of facts and does not affect the case. Determination of “knowingly” crime of money laundering.
※ Determined to "disguise and conceal the source and nature of criminal proceeds and proceeds by other means"
(1) assisting in the transfer and conversion of criminal proceeds and proceeds through pawning, leasing, trading, investment, etc.;
(2) Assisting in the transfer and conversion of criminal proceeds and proceeds by mixing them with the operating income of cash-intensive places such as shopping malls, restaurants, entertainment venues, etc.;
(3) Through fictitious transactions, fictitious claims and debts, false guarantees, false reporting of income, etc.
(4) Assisting in the conversion of criminal proceeds and proceeds through the sale of lottery tickets, lottery tickets, etc.;
(5) Assisting in the conversion of criminal proceeds and proceeds through gambling and converting the proceeds into gambling proceeds;
(6) assisting in carrying, transporting or mailing the proceeds of crime and its proceeds out of the country;
(7) assisting in the transfer and conversion of the proceeds of crime and its proceeds by means other than the aforementioned provisions.
[Typical case]
Ke Moujia’s money laundering case
From the end of 2010 to June 2014, the defendant Ke Moujia knew that his mother Ni and father Ke B (both handled in separate cases) had insufficient economic income. Gao still asked Ni to provide funds on the grounds of running a company, investing, etc., and Ni successively transferred a total of 5,825,803 yuan from the operation of the "Economic Mutual Aid Association" to the defendant Ke A for use through Ke B. During this period, the defendant Ke Moujia was unable to return the balance after returning 1,118,000 yuan due to operating losses and other reasons. From July 2014 to December of the same year, the defendant Ke Moujia knew that Ni Mou had difficulties in capital turnover due to maintaining the operation of the "Economic Mutual Aid Association", but he continued to request funds from him many times, and Ni Mou passed it through Ke Mouyou one after another. A total of 958,500 yuan in membership proceeds from the operation of the "Economic Mutual Aid Association" was transferred to defendant Ke Moujia, who later used the above funds to repay personal debts. During this period, defendant Ke Moujia only returned the repayment of 145,000 yuan.
. Judgment result (excerpt)
As for the defendant’s defender’s opinion that the amount of money laundered by defendant Ke Moujia in the second section of the accusation should be 145,000 yuan instead of 958,500 yuan, this court held after review that the defendant Person Ke A used the above-mentioned amount of 958,500 yuan remitted by Ni, Ke B and others to repay personal debts, etc. This was still an act of covering up the criminal proceeds of specific predicate crimes and concealing their source and nature. The relevant amount of money laundering The determination is not limited to the amount actually returned to the predicate criminal perpetrator. The above-mentioned defense opinions put forward by the defender are not justified and will not be adopted.
This court believes that defendant Ke Moujia knew clearly that the proceeds were obtained from crimes that disrupted the order of financial management, but still concealed and concealed their source and nature by providing capital accounts and investing, and his behavior constituted the crime of money laundering. The charges charged by the public prosecution were found guilty. In view of the fact that defendant Ke Moujia truthfully confessed his crime after the incident, he shall be given a lighter punishment. In order to strictly enforce the socialist legal system, based on the facts of the defendant's crime in this case, the nature and circumstances of the crime, and the degree of harm to society, in accordance with Article 191, paragraph 1, Article 67, paragraph 3, and "Criminal Law of the People's Republic of China" According to the provisions of Articles 1 and 2 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Money Laundering and Other Criminal Cases", the defendant Ke Moujia was sentenced to 2 years and 8 months in prison and punished The gold amount is RMB 350,000. Defendant Ke Moujia’s illegal income of RMB 5,521,303 from committing money laundering crimes was confiscated.
[Case Source]
[First Instance] (2016) Zhejiang 0305 Xingchu Zi No. 17 (Dongtou District People’s Court, Wenzhou City, Zhejiang Province)
[Review of Past Issues] Criminal Crimes of Enterprise Management
| number | title | knowledge point |
| Ten bets and ten cheats, ten bets and ten losses | Cross-border gambling |
| Owage payment: Major warning of poor corporate management | Reject The crime of paying labor remuneration |
| Things about corporate invoices | The crime of falsely issuing special value-added tax invoices |
| What? This money can't be collected? | Crime of bribery of non-state staff |
| Company operation relies on strength, does not rely on "money ability" | Crime of bribery of non-state staff |
| You have to rely on yourself to make a fortune, and you have to be in jail and feel uneasy | Official embezzlement |
| I want to borrow and repay, but I don’t have the intention. Powerless | Crime of misappropriation of funds |
| Brothers miss you - making money without capital is risky and unreliable | Crime of loan sharking at high interest rates |
| Tianwang is omitted but not omitted | The crime of fraudulently obtaining loans |
| Taking it as your own cannot be expected | 8|
| Reject the temptation of high interest | Crime of illegally absorbing public deposits |
- [Review of past issues] Labor and Human Resources of Enterprise Management
Number | Title | Knowledge points |
| Enter insurance and pay today, and have a worry-free pension tomorrow | Employees in Hong Kong, Macao and Taiwan pay social security |
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