Legal analysis: if the crime of individual buying and selling gasoline involves illegal business, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined. The state also strictly controls the sale of gasoline, and individuals and units are not allowed to buy or sell gasoline without the permission of the relevant competent departments. If the situation of reselling gasoline does not constitute a crime, it may be stopped by the local administrative department of commerce in conjunction with the relevant local departments, and administrative penalties shall be imposed on the relevant personnel or units. If the circumstances are serious and disrupt the market order, the crime of illegal business operation can be punished.

Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC) violates state regulations and commits one of the following illegal business operations, disrupting market order. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely 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.