How to convict of reselling a company?
Reselling shell companies may constitute the crime of illegal business operation. A shell company refers to an organizational form that does not engage in any business after registration, but only has the appearance of the company without the actual connotation of the company. The existence of shell companies has violated the laws and regulations on industrial and commercial administration, disrupted the market order, and the actors also used the organizational forms such as commodity trading to make profits, further disrupting the market order, which belongs to "other illegal business practices that seriously disrupt the market order" as stipulated in the criminal law. Individuals who resell shell companies have a business volume of more than 50,000 yuan, or the illegal income is more than 10,000 yuan, and units who resell shell companies have a business volume of more than 500,000 yuan, or the illegal income is more than 100,000 yuan, or although they do not meet the above standards, they have been punished more than twice for reselling shell companies within two years, which constitutes the crime of illegal business operation. Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, 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 one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.