1. Selling donated materials is suspected of illegal operation. Sentencing is:

(1) Whoever commits the crime of illegal business operations, 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;

(2) 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.

2. Legal basis: Article 225th of the Criminal Law of People's Republic of China (PRC).

The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it 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.

Second, what are the constitutive elements of the crime of illegal business operation?

1, object element. The object of the crime of illegal business operation is the market management system and business license that the state restricts the sale of goods;

2. objective factors. It is manifested as engaging in franchise, monopoly of goods or other restricted goods without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, engaging in other illegal business activities, disrupting market order, and serious acts;

3. Main elements. The subject of the crime of illegal business operation is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability. The unit can also be the subject of this crime. Usually, it means that a normal person who has reached the age of 16 constitutes the crime of illegal business operation, while a person who has not reached the age of 16 or a mental patient cannot constitute the crime of illegal business operation. The so-called "unit" refers to all kinds of companies, enterprises, institutions and other legal persons and organizations;

4. Subjective factors. The subjective aspect of the crime of illegal business operation is intentional and has the purpose of seeking illegal interests.