Generally, it constitutes the crime of illegal business operation, and the circumstances are serious in any of the following circumstances. Whoever is convicted and punished for the crime of illegal business operation shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined by the people's court:

1, the amount of illegal business of the actor is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan;

2. The illegal business amount of a unit or company is more than 500,000 yuan, or the amount obtained by illegal means is more than 654.38+10,000 yuan;

3, although not up to the above amount standard, but for two consecutive years for illegal production or sale of gambling machines, accumulated more than two administrative penalties, and at the same time engaged in similar illegal business.

Under any of the following circumstances, it belongs to "especially serious circumstances" in illegal business operations, and is generally sentenced to fixed-term imprisonment of more than five years, with a fine or confiscation of property:

1, the amount of illegal business of the actor is more than 250,000 yuan, or the amount obtained by illegal means is more than 50,000 yuan;

2. The illegal business operation amount of the unit or company is more than 2.5 million yuan, or the illegal income amount is more than 500,000 yuan.

Article 225 of the Criminal Law

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 for illegal gains or confiscation of property:

1. Without permission, engaging in franchise or monopoly commodities or other commodities whose operation is 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;

3, 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;

4. Other illegal business operations that seriously disrupt the market order.