Legal analysis: There is a crime of illegal business operation in China's criminal law, which means that if someone illegally operates, he will be punished, but it does not necessarily constitute a crime. But as long as the crime of illegal business operation is established, criminals will be sentenced to punishment. The subjective aspect of the crime of illegal business operation is intentional and has the purpose of seeking illegal interests. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility. The crime of illegal business operation is a crime expressly stipulated in our country. Once convicted, the procuratorate will prosecute the suspect according to law and investigate his criminal responsibility.

If a criminal suspect returns illegal income, the act of returning illegal income can be considered as a sentencing circumstance. Although he will still be sentenced, it is likely that his punishment will be mitigated because he has returned the illegal income. The punishment for illegal business activities may be confiscation of illegal business income, criminal detention or fixed-term imprisonment. The specific punishment should be decided according to the seriousness of the specific case.

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

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 the illegal income or confiscated property:

(a) without permission, the franchise, monopoly of goods or other restricted goods 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 payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.