Legal analysis: It is illegal to resell crude oil or oil privately, which means to sell it without permission. Therefore, if oil selling is suspected of illegal business operation, it should be punished according to the punishment provisions of illegal business operation. The operation of crude oil and refined oil needs to obtain the corresponding administrative license. If the circumstances of operating refined oil without a license are serious, it will constitute the crime of illegal operation. According to Article 225 of the Criminal Law of People's Republic of China (PRC), the crime of illegal business operation refers to one of the following illegal business operations in violation of state regulations. Whoever disturbs 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. Without permission, engage in franchised or monopolized commodities or other commodities with restricted transactions as stipulated by laws and administrative regulations. Selling oil refers to selling oil without permission, so selling oil is suspected of illegal business operation and should be punished according to the punishment provisions of illegal business operation. The crime of illegal business operation refers to illegal business operation, which involves operating franchised, monopolized or other restricted goods without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, engaging in other illegal business activities, disrupting market order and having serious circumstances.
Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.