buddy! Want to make money? Let’s register a company together!
? But starting a business is too difficult. Can we do it?
no no no no, this entrepreneurship is not the other entrepreneurship. We just need to go to the approval hall, register the company, and sell the business license, and you will get a lot of income by simply replacing it!
Start a business?
This is illegal !
Basic case
In November 2020, when 0,000 When chatting with his neighbor "bald" with his neighbor, he revealed his current financial difficulties, hoping that the "bald" with "many paths" can "bring" himself. Faced with Wan's request, the "bald" was very enthusiastic. Not only did he introduce in detail to Wan's method of making money by selling a business license, he also personally took Wan to the approval hall to apply for a business license, but due to various reasons, the application was not successful.
hhhh, it's so good, but unfortunately I can't handle it...
Brother, don't be discouraged, you can't handle it, you can introduce friends, you can also earn an introduction fee in the middle!
Under the guidance of "bald head", Wan contacted his friends Da Liu and Wu. Wu and Liu thought that they wouldn't do business anyway, so they shouldn't lose much money when they get a business license, and they can still exchange it for some money if they sell it. So, with the help of "bald head" and Wan, Wu and Liu each registered two companies and obtained two sets of business licenses, earning 900 and 1,000 yuan respectively. Wan made a profit of 1,100 yuan.
Court judgment
1 The court found that the defendant Wan illegally bought and sold state organ documents for the purpose of making profits, infringing on the normal management activities and reputation of state organs, and his behavior constituted the crime of buying and selling state organs' certificates. The Qingshan Lake District People's Court sentenced Wan Mou to fixed-term imprisonment for the crime of buying and selling state organ documents in accordance with the law, and fined RMB 8,000, recovered RMB 1,100 of his illegal income and handed over to the state treasury.
Law link
"Criminal Law of the People's Republic of China"
Article 280"Forgery, alter, buy, sell, steal, rob, or destroy official documents, documents, seals of state organs, shall be sentenced to fixed-term imprisonment of not more than three years, detention, control or deprivation of political rights, and shall be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than ten years, and shall be fined.
Forge the seal of a company, enterprise, public institution, and people's organization, and shall be sentenced to fixed-term imprisonment of not more than three years, detention, control or deprivation of political rights, and shall be fined.
Forged, altered, bought and sold resident ID cards, passports, social security cards, driver's licenses, etc. that can be used to prove their identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, detention, control or deprivation of political rights, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years, and shall be fined.
Judge reminds
1 Business license is an Business administration authority issued to industrial and commercial enterprises and individual operators to industrial and commercial enterprises and individual operators. It is a certificate issued by the enterprise registration authority to market entities in accordance with the conditions and procedures prescribed by the law, and is a certificate issued by the state organs to prove that they have civil rights and capacity. The behavior of buying and selling business licenses seems to have no cost and easy profits, but there are huge legal risks hidden behind it. Specifically, it can be divided into two categories: criminal risk and civil risk.
Criminal risk
Business license belongs to the certificate of state organs. The certificate of state organs is an important carrier and certification basis for state organs to manage social order. Purchasing or selling business license itself violates Article 280, paragraph 1 of the Criminal Law of the People's Republic of China, and constitutes the crime of buying and selling certificates of state organs. At the same time, after criminal organizations such as online fraud, gambling, and money laundering use bank accounts registered with their business license to transfer illegal and criminal funds, the public security organs can easily lock the account registrant when tracking the fund flow, leaving nowhere to hide the "accomplices" behind the aid of the evil.
Civil risk
Company business license is a valid certificate used to prove the company's qualifications. It has an independent legal personality and can enjoy civil rights and assume civil liability. At present, most of the business licenses of the company that criminals require to register and acquire are one-person limited liability company . According to Article 63 of the " Company Law ", if shareholders cannot prove that the company's property is independent of the shareholder's personal property, they shall bear joint and several liability for the company's debts. If criminals use their business license to abuse their legal person qualifications, such as signing contracts, borrowing externally, providing guarantees and other civil activities, the registrant will inevitably become the "burden" and are prone to inexplicably "being in debt".
Qingshan Lake District Court reminds the general public to enhance their legal awareness, not to be greedy for small profits and trust others, strengthen personal information protection, and be vigilant against the trap of "lying to make money" to avoid eventually harming others and yourself.
Source: Qingshanhu District People's Court, Nanchang City
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