The punishment for the crime of illegal business operation is:
1. Whoever commits the crime of illegal business operations 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.
2. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall be fined not less than 1 times but not more than 5 times of the illegal income, or his property shall be confiscated.
The amount standard for determining the crime of illegal business operation is:
1. Individuals whose illegal business amount is more than 50,000 yuan, or whose illegal income is more than 6,543.8+0,000 yuan, shall be prosecuted;
2. If the illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than 654.38+10,000 yuan, it shall be prosecuted;
3, the business amount of one hundred and fifty thousand yuan to three hundred thousand yuan; If the amount of illegal income is more than 50,000 yuan to less than 100,000 yuan, it belongs to "the circumstances are particularly serious".
The constitutive requirements of the crime of illegal business operation are:
1, subjective elements, this crime is subjectively constituted by intention and has the purpose of seeking illegal interests, which are the two main contents of this crime subjectively.
2, the main elements, the subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability. A legally established and responsible unit can also be the subject of this crime.
3. Object elements. The object of this crime is the national market management system that restricts the sale of goods and business licenses.
4. Objectively speaking, according to the law, this crime mainly includes the following acts:
(1) engages in franchise or monopoly commodities or other commodities whose trading is restricted by laws and administrative regulations without permission.
(2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval certificates stipulated by other laws and regulations.
(3) Other illegal business practices that seriously disrupt the market order, such as illegal pyramid selling activities, reselling wastes whose import is prohibited or restricted by the state, monopolizing the supply of goods, driving up prices, etc.
Legal basis:
Criminal law of the people's Republic of China
Article 192 The crime of fund-raising fraud refers to illegal fund-raising by fraudulent means for the purpose of illegal possession. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Criminal law of the people's Republic of China
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) operating a franchise or monopoly commodity or other commodities whose operation 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.