Erqing POS is directly illegal! The Supreme Procuratorate gives the conclusion!

Erqing POS is directly illegal! The Supreme Procuratorate gives the conclusion!

The Supreme People's Republic of China believes that the development of Internet finance has a positive effect on accelerating the implementation of innovation-driven development strategies, promoting supply-side structural reforms, and promoting economic transformation and upgrading. However, it is also clearly pointed out that in the rapid development of Internet finance, some institutions and formats have deviated from the correct direction. Some even use the guise of "financial innovation" to carry out illegal fund-raising activities such as illegal fund-raising and financial fraud, which seriously disrupts the financial management order. .

Internet finance involves P2P network lending, equity crowdfunding, third-party payment, Internet insurance, and asset management through the Internet and cross-border financial services. The behaviors are diverse and the legal relationships involved are complex. Criminal and criminal acts are concealed and confusing, and have a wide range of influences and social influences. The Supreme Court will accurately define the legal nature of the act and the applicable criminal law according to the substantive characteristics of the criminal act and social harm.

The Supreme Inspection has accurately defined the legality of three types of Internet-related financial actions, such as illegally absorbing public deposits, fund-raising frauds, and illegal business fund payment and settlement behaviors. Among them, the so-called illegal business fund payment settlement behavior is commonly known as "two clear."

The payment settlement service (also called payment service) is a monetary fund transfer service provided by a commercial bank or a payment institution between payers and payers. Non-bank institutions engaged in payment settlement business shall obtain the "Payment Business License" approved by the People's Bank of China and become a payment institution. Failure to obtain the payment business license to engage in the business, in violation of the provisions of Article 4, paragraph 1 (3) and (4) of the Measures for the Prohibition of Illegal Financial Institutions and Illegal Financial Business Activities, undermining the payment and settlement business licensing system. If it is harmful to pay the market order and security, if the circumstances are serious, the second and second paragraphs of Article 225 of the Criminal Law shall apply, and criminal responsibility shall be investigated for the crime of illegal business operations. (Shall be sentenced to a term of imprisonment of not more than five years or criminal detention, and a fine of more than one to five times the amount of illegal income, if the circumstances are particularly serious, at a term of imprisonment of more than five years, and a fine of more than one to five times the illegal income or Prohibition of property confiscation.)

Specific situation:

(1) The network payment service based on the customer payment account is not obtained for the payment business license. The unlicensed network payment institution illegally opens a payment account for the customer, and the customer first pays the funds to the payment account, and then the unlicensed institution settles the funds from the payment account platform to the payee bank account according to the order information.

(2) Failure to obtain a payment business license to operate a multi-purpose prepaid card business. Unlicensed card issuers illegally issue multi-purpose prepaid cards that can be used across regions, industries, and legal entities, gather a large amount of prepaid card sales funds, and transfer settlement funds to merchants based on customer order information.

The Supreme Inspection pointed out that in the specific case handling, it is necessary to thoroughly analyze whether the relevant behavior has the substantive characteristics of fund payment settlement, accurately distinguish the normal business circulation of payment instruments and provide payment settlement services, distinguish between single-use prepaid cards and multi-purpose prepaid cards, fully Consider the specific behavior and the similarity of social crimes such as "underground money houses" and the necessity of criminal punishment, and strictly grasp the criteria for conviction and conviction.