According to the Criminal Code of People's Republic of China (PRC)
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, 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 for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(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.
According to the Supreme People's Procuratorate and the Ministry of Public Security, "Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (II)"
Article 79 Whoever, in violation of State regulations, conducts illegal business activities and disrupts market order and is suspected of any of the following circumstances, shall file a case for prosecution:
(eight) engaged in other illegal business activities, with one of the following circumstances:
1, the amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan;
2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan;
3, although not up to the above amount standard, but within two years due to the same kind of illegal business behavior by administrative punishment for more than two times and the implementation of the same kind of illegal business behavior;
4. Other serious circumstances.
Extended data
Case: Illegal operation of gasoline without a license was punished.
2065438+On February 2, 2006, Fugou County People's Court tried an illegal business case, sentenced the defendant Wu Moumou to three years' imprisonment, suspended for five years, and fined RMB 30,000. The defendant Wu Moumou's illegal income of 20,000 yuan was confiscated and turned over to the state treasury.
Defendant Wu Moumou started to operate a "gas station" at the eastern end of a village in Jiuyuan Town, Fugou County in 2005. The business license for individual industrial and commercial households he handled is valid from 165438+20051October 25th to 165438+20081October 24th, and the business license for hazardous chemicals is valid from July13rd, 2006.
Wu Moumou continued to illegally operate the refined oil business when the above two certificates expired. On 2011April 2 1 day, Wu was administratively punished by Fugou County Bureau of Commerce for operating without a license. Since then, Wu has continued to illegally operate the refined oil business. After Wu bought 3.8 tons of gasoline on August 30, 20 15,
At about 0 o'clock the next day 10, the police of the police station in the old courtyard town of Fugou County Public Security Bureau were investigated during the fire safety inspection of the gas station operated by Wu. Since April 2009, Wu has illegally handled 206.735 tons of gasoline, with a value of 1533038 yuan. Tested by Heze Product Quality Supervision and Inspection Institute, the gasoline operated by Wu was qualified. During the trial of this case, the defendant Wu Moumou voluntarily returned the illegal income of 20,000 yuan.
The court held that the defendant Wu Moumou violated state regulations and illegally conducted business activities without a license, disrupting market order, and the circumstances were serious, and his behavior constituted a crime of illegal business operations. Defendant Wu Moumou argued that he operated the gas station to facilitate the people's oil needs, and the gasoline he operated was purchased from regular channels and the quality was qualified, requesting the court to adopt the defense reason of lighter punishment.
The defendant Wu Moumou is a first-time offender. He pleaded guilty voluntarily in court and returned his illegal gains. He shows repentance and can be given a lighter punishment. Through the investigation of the defendant Wu Moumou, it conforms to community correction, and the application of probation to him will not cause social harm, so probation can be applied to him according to law. The court then made the above judgment according to law.
Fugong County People's Court Network-People's Republic of China (PRC) Criminal Law
Zhoukou Intermediate People's Court-Punishment for Illegal Operation of Gasoline without a License
Baidu Encyclopedia-"Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (II)"