全国人民代表大会常务委员会关于惩治破坏金融秩序犯罪的决定 DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLES CONGRESS ON

concurrently sentenced to a fine ranging from 50，000 to 500，000 yuan； if the amount involved is especially huge or other circumstances are especially serious， he shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment， and be concurrently sentenced to confiscation of property：

　　（1） Those who fabricate false reasons such as introduction of fund or project；

　　（2） Those who use false economic contracts；

　　（3） Those who use false documents of certificate；

　　（4） Those who use false property certificate as guarantee；

　　（5） Those who swindle loans in other methods.

　　11. Any of the following categories of persons who forge or alter the financial documents shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention， and be concurrently sentenced to a fine ranging from 20，000 to 100，000 yuan； if the circumstances are serious， he shall be sentenced to a fixed-term imprisonment of less than ten years or life imprisonment， and be concurrently sentenced to confiscation of property：

　　（1） those who forge or alter promissory bill， note of exchange and check；

　　（2） those who forge or alter other bank settlement receipts such as commission collection receipt， remittance receipt and bank deposit receipt；

　　（3） those who forge or alter the letter of credit and attached notes or documents；

　　（4） those who forge the credit card.

　　Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine， and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.

　　12. Any of the following categories of persons who commit the swindling activities of financial notes with relatively huge amount involved shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention， and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan； if the amount involved is huge

or other circumstances are serious， he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years， and be concurrently sentenced to a fine ranging from 50，000 to 500，000 yuan； if the amount involved is especially huge or other circumstances are especially serious， he shall be sentenced to a fixed-term imprisonment of not less than ten years， life imprisonment or death penalty， and be concurrently sentenced to confiscation of property：

　　（1） those who use the knowingly forged or altered promissory bill， note of exchange and check；

　　（2） those who use the knowingly invalid promissory bill， note of exchange and check；

　　（3） those who falsely use other's promissory bill， note of exchange and check as his own；

　　（4） those who issue bounced check or check where the signature is inconsistent with his reserved one to defraud the property；

　　（5） those drawers of promissory bill or note of exchange who issue the promissory bill or note of exchange without security of fund or produce a false record on the note to defraud the property.

　　Whoever uses the forged or altered other bank settlement receipts such as commission collection receipt， remittance receipt and bank deposit receipt shall be punished according to the provisions of the proceeding paragraph.

　　Whichever working unit commits the crimes mentioned in the two proceeding paragraphs shall be sentenced to a fine， and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of paragraph 1.

　　13. Any of the following categories of persons who commit the swindling activities of letter of credit shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention， and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan； if the amount involved is huge or other circumstances are serious， he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years， and be concurrently sentenced to a fine ranging from 50，000 to 500，000 yuan； if the amount involved is especially huge or other circumstances are especially serious， he shall be sentenced to a fixed-term imprisonment of not less than ten years， life imprisonment or death penalty， and be concurrently sentenced to confiscation of property：

　　（1） those who use the forged or altered letter of credit or attached notes or documents；

　　（2） those who use invalid credit card；

　　（3） those who defraud letter of credit；

　　（4） those who commit the swindling activities of letter of credit in other methods.

　　Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine， and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.

　　14. Any of the following categories of persons who commit the swindling activities of credit card with relatively huge amount involved shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention， and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan； if the amount involved is huge or other circumstances are serious， he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years， and be concurrently sentenced to a fine ranging from 50，000 to 500，000 yuan； if the amount involved is especially huge or other circumstances are especially serious， he shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment， and be concurrently sentenced to confiscation of property：

　　（1） those who use forged credit card；

　　（2） those who use invalid credit card；

　　（3） those who falsely use other's credit card as his own；

　　（

4） those who overdraw through malice.

　　Whoever steals and uses credit card shall be punished in accordance with the provisions of Criminal Law on crime of theft.

　　15. Whoever from a bank or other financial institution against the provisions offer others the letter of credit or other certificates of guarantee， notes and certificates of credit status shall， if the relatively huge loss is caused， be sentenced to a fixed-term imprisonment of not more than five years or criminal detention； if the huge loss is caused， he shall be sentenced to a fixed-term imprisonment of not less than five years.

　　Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine， and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.

　　16. Any of the following categories of persons who commit the swindling activities of insurance with relatively huge amount involved shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention， and be concurrently sentenced to a fine ranging from 10，000 to 100，000 yuan； if the amount involved is huge or other circumstances are serious， he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years， and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan； if the amount involved is especially huge or other circumstances are especially serious， he shall be sentenced to a fixed-term imprisonment of not less than ten years， and be concurrently sentenced to confiscation of property：

　　（1） those insurance policy holders who intentionally fabricate the object of insurance to defraud the insurance money；

　　（2） those insurance policy holders， insurants or beneficiaries fabricate false reason or exaggerate the degree of loss on the insurance accident to defraud the insurance money；

　　（3） those insurance policy holders， insurants or beneficiaries fabricate the insurance accident which never happens to defraud the insurance money；

　　（4） those insurance policy holders or beneficiaries intentionally cause the insurance accident with the property loss to defraud the insurance money；

　　（5） those insurance policy holders or beneficiaries intentionally cause the death， disability or disease of the insurant to defraud the insurance money.

　　Whoever commits the activity listed in item （4）， （5） of the proceeding paragraph which also constitutes a crime shall be punished in accordance with the provisions on combined punishment for several crimes of Criminal Law.

　　Any expert witness， witness or property adjuster of an insurance accident who intentionally provides false documents of certificate and provides conditions to others to swindle shall be punished as a joint crime of insurance swindling.

　　Whichever working unit commits the crimes mentioned in t paragraph 1 shall be sentenced to a fine， and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of paragraph 1.

　　17. Whoever from the staff of an insurance company takes advantage of his duty's convenience to draw up intentionally an insurance accident which never happens and to give an adjustment in order to defraud the insurance money shall be punished respectively in accordance with relevant provisions of the Supplementary Provisions Concerning the Punishment of the Crime of Embezzlement and Bribery and the Decision on Punishment of the Crime Violating Company Law by the Standing Committee of the Nati

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