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SECTION 4: CRIMES OF DISRUPTING THE ORDER OF FINANCIAL

ADMINISTRATION

Article 175
Whoever, for the purpose of making profits through transferring loans,
fraudulently obtains credit funds from a banking institution and transfers the
funds to another at usury shall, if the amount of illegal gains is relatively
large, be sentenced to fixed-term imprisonment of not more than three years
or criminal detention and shall also be fined not less than one time but not
more than five times the illegal gains; if the amount involved is huge, he
shall be sentenced to fixed-term imprisonment of not less than three years
but not more than seven years and shall also be fined not less than one time
but not more than five times the illegal gains.
Where a unit commits the crime as mentioned in the preceding paragraph, it
shall be fined, and the persons who are directly in charge and the other
persons who are directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention.
Article 175a
Whoever, by means of deception, obtains loans, acceptance of bills, letters
of credit, letters of guarantee, etc. from a bank or other banking institution,
thus causing heavy losses to the bank or other banking institution or
engendering other serious circumstances, he shall be sentenced to fixedterm imprisonment of not more than three years or criminal detention, and a
fine shall, in addition, or shall only, be imposed on him; and if especially
heavy losses are caused to the bank or other banking institution or other
especially serious circumstances are engendered, he shall be sentenced to
fixed-term imprisonment of not less than three years but not more than
seven years and shall, in addition, be fined.

Where a unit commits the offense mentioned in the preceding paragraph, a


fine shall be imposed on it, and the person directly in charge and the other
person directly responsible shall be punished in accordance with the
provisions of the preceding paragraph.
Article 176
Whoever illegally takes in deposits from the general public or does so in
disguised form, thus disrupting the financial order, shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention
and shall also, or shall only, be fined not less than 20,000 yuan but not more
than 200,000 yuan; if the amount involved is huge, or if there are other
serious circumstances, he shall be sentenced to fixed-term imprisonment of
not less than three years but not more than 10 years and shall also be fined
not less than 50,000 yuan but not more than 500,000 yuan.
Where a unit commits the crime as mentioned in the preceding paragraph, it
shall be fined, and the persons who are directly in charge and the other
persons who are directly responsible for the crime shall be punished
according to the provisions in the preceding paragraph.
Article 177
Whoever commits any of the following acts of forging or altering financial
bills shall be 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
20,000 yuan but not more than 200,000 yuan; if the circumstances are
serious, he shall be sentenced to fixed- term imprisonment of not less than
five years but not more than 10 years and shall also be fined not less than
50,000 yuan but not more than 500,000 yuan; if the circumstances are
especially serious, he shall be sentenced to fixed-term imprisonment of not
less than 10 years or life imprisonment and shall also be fined not less than
50,000 yuan but not more than 500,000 yuan or be sentenced to
confiscation of property:

(1) forging or altering bills of exchange, promissory notes or cheques;


(2) forging or altering settlement certificates of a bank such as certificates of
entrustment with the receipt of payment, certificates of remittance and
deposit receipts;
(3) forging or altering letters of credit or their attached bills and documents;
or
(4) forging credit cards.
Where a unit commits any of the crimes mentioned in the preceding
paragraph, it shall be fined, and the persons who are directly in charge and
the other persons who are directly responsible for the crime shall be
punished according to the provisions in the preceding paragraph.
Article 177a
Whoever commits one of the following acts which hamper the administration
of credit cards shall be sentenced to fix-term imprisonment of not more than
three years or criminal detention and shall in addition, or shall only, be fined
not less than RMB 10,000 yuan but not more than 100,000 yuan; if the
amount involved is huge or if there are other serious circumstances, he shall
be sentenced to fix-term imprisonment of not less than three years but not
more than 10 years and shall, in addition, be fined not less than 20,000 yuan
but not more than 200, 000 yuan:
(1) knowingly holding or transporting forged credit cards, or knowingly
holding or transporting forged blank credit cards in relatively large
quantities;
(2) illegally holding other persons credit cards in relatively large quantities;
(3) obtaining credit cards by using false identity certification; and
(4) selling, buying, or providing other persons with, forged credit cards or
credit cards obtained by using false identity certification.

Whoever steals, buys or illegally provides information and materials about


other persons credit cards shall be punished in accordance with the
provisions of the preceding paragraph.
Any staff member of a bank or any other financial institution who, taking
advantage of his position, commits the act mentioned in Subparagraph (2)
shall be given a heavier punishment.
Article 178
Whoever forges or alters treasury certificates or any other negotiable
securities issued by the State shall, if the amount involved is relatively large,
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention and shall also, or shall only, be fined not less than 20,000
yuan but not more than 200,000 yuan; if the amount involved is huge, he
shall be sentenced to fixed-term imprisonment of not less than three years
but not more than 10 years and shall also be fined not less than 50,000 yuan
but not more than 500,000 yuan; if the amount involved is especially huge,
he shall be sentenced to fixed-term imprisonment of not less than 10 years
or life imprisonment and shall also be fined not less than 50,000 yuan but
not more than 500,000 yuan or be sentenced to confiscation of property.
Whoever forges or alters stocks or corporate or enterprise bonds shall, if the
amount involved is relatively large, be sentenced to fixed-term imprisonment
of not more than three years or criminal detention and shall also, or shall
only, be fined not less than 10,000 yuan but not more than 100,000 yuan; if
the amount involved is huge, he shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years and
shall also be fined not less than 20,000 yuan but not more than 200,000
yuan.
Any unit that commits any of the crimes mentioned in the preceding two
paragraphs, it shall be fined, and the persons who are directly in charge and
the other persons who are directly responsible for the crime shall be

punished according to the provisions in the preceding two paragraphs


respectively.
Article 179
Whoever issues stocks or corporate or enterprise bonds without approval of
the competent departments of the State shall, if the amount involved is
huge, and the consequences are serious, or if there are other serious
circumstances, be 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 one percent but not more five percent of the funds illegally raised.
Where a unit commits the crime mentioned in the preceding paragraph, it
shall be fined, and the persons who are directly in charge and the other
persons who are directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention.

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