Selling goods to earn the difference will constitute the crime of illegal business operation. The crime of illegal business operation refers to the crime of illegal business operation that violates state regulations and commits one of the following illegal business operations.
(a) without permission, dealing in franchise, monopoly goods or other commodities with restricted trading as stipulated 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 settlement business;
(four) engaged in other illegal business activities, disrupting the market order, and the circumstances are serious.
The subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility. A legally established and responsible unit can also be the subject of this crime. According to the original intention of this article, the subject of this crime refers to the operator. However, under the condition of market economy, "no one does not do business". If the subject of this crime is limited to a special subject, many acts of buying and selling goods, import and export licenses and import and export certificates of origin without any business license (non-operators) will not be punished. Therefore, the subject of this crime is the general subject. Units can also constitute the subject of this crime.
Legal basis: Article 347 of the Criminal Law stipulates that whoever smuggles, sells, transports or manufactures drugs, regardless of the quantity, shall be investigated for criminal responsibility and given criminal punishment. Whoever smuggles, sells, transports or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 15 years, life imprisonment or death, and shall also have his property confiscated:
(1) Smuggling, trafficking, transporting or manufacturing opium of more than one kilogram, methamphetamine of more than fifty grams or other drugs in large quantities;
(2) ringleaders of drug smuggling, trafficking, transporting and manufacturing groups;
(3) Armed cover for smuggling, trafficking, transporting or manufacturing drugs;
(4) resisting inspection, detention or arrest by violence, if the circumstances are serious;
(5) Participating in organized international drug trafficking activities. Whoever smuggles, sells, transports or manufactures opium of more than 200 grams but less than 1 kilogram, methamphetamine of more than 10 grams but less than 50 grams, or other drugs in relatively large quantities, shall be sentenced to fixed-term imprisonment of more than seven years and shall also be fined. Whoever smuggles, sells, transports or manufactures opium less than 200 grams, methamphetamine less than 10 grams or other small amounts of drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Where a unit commits the crimes mentioned in the second, third and fourth paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of these paragraphs. Whoever uses or instigates minors to smuggle, sell, transport or manufacture drugs, or sells drugs to minors, shall be given a heavier punishment. Smuggling, trafficking, transporting and manufacturing drugs for many times, without treatment, the amount of drugs shall be calculated cumulatively.
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