Nowadays, money laundering refers to the process of transforming illegal income into legal property through financial or other institutions. The object of money laundering is black money, including: drug trafficking, smuggling, arms trafficking, fraud, theft, robbery, corruption, tax evasion and other criminal gains. Money laundering is usually divided into three steps:
1. deposit, that is, deposit illegally obtained cash in the bank.
2. Through a series of complicated transactions, such as bank transfer, cash and securities transactions, transnational fund transfer, etc. The real source of funds is concealed and legalized.
3. Return funds to criminals in a legal form.
Money laundering originally refers to cleaning dirty money, which comes from the English word "money coming" that changes with the times, and its meaning is not the same as before. Some scholars in our country believe that money laundering refers to the behavior that criminals transfer, exchange, buy financial instruments or directly invest illegally obtained funds through banks or other financial institutions to compress and conceal their illegal sources and nature and legalize illegal assets.
Money laundering in the modern sense refers to the act of concealing and concealing the source and nature of funds by various means through financial institutions, so as to legalize them in form. "Money laundering" refers to the process of transforming illegal gains into "legal property" through financial or other institutions, which has become a very key link for the survival and development of criminal groups. On the one hand, through money laundering, organized crime covers up the traces of its criminal activities and can "properly enjoy" the proceeds of crime; On the other hand, money laundering provides funds for criminal groups to intervene in legitimate enterprises, enabling them to "legally cover up illegality" and constantly expand their criminal power.
In addition, there are many other ways of money laundering, such as buying real estate, jewelry, antiques and so on. And then convert them into cash or other financial assets. For example, if you buy a car with "dirty" money in your hand abroad, then try to eliminate the record of buying a car (use a bank card, and then just eliminate the transfer record), and then resell the car, the money you get becomes "clean" money.
Article 191 of the Criminal Law: Whoever commits one of the following acts shall be confiscated and 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 5% but not more than 20% of the 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 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.