Anyone who resells sand without obtaining a business license or approval document stipulated in laws and administrative regulations shall commit the crime of illegal business. 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 solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention, and shall be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and criminal detention and shall be fined not less than one time but not more than five times the illegal income. A fine of not less than five times but not more than five times or property confiscation.
Standards for filing illegal business cases:
1. The amount of individual illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 10,000 yuan;
2. The amount of the unit’s illegal business operations is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan;
3. Although it does not meet the above amount standards, it has been punished more than twice for the same type of illegal business behavior within two years. Administrative penalties, and the same kind of illegal business behavior;
4. Other serious circumstances.
Legal basis: Article 225 of the "Criminal Law of the People's Republic of China"
The crime of illegal business violates national regulations and involves one of the following illegal business behaviors, 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 concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not less than twice the illegal income. A fine of not more than five times or confiscation of property:
(1) Operating franchises, monopoly items or other restricted items as prescribed 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 in laws and administrative regulations;
(3) Illegal operations of securities, futures, Insurance business, or illegally engaging in fund payment and settlement business;
(4) Other illegal business activities that seriously disrupt market order.