The sentencing for privately selling sand needs to be determined based on many factors such as the quantity of the traffic, the time of the sale, and the attitude of the parties involved in pleading guilty.

Legal Analysis

Private sale of sand will constitute an illegal business crime. The objective aspects of the crime of illegal business include the unauthorized operation of franchises, monopoly items or other restricted items, import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations, as well as engaging in Other illegal business activities, disrupting market order, and serious acts. It is mainly the unauthorized operation of franchised and exclusive items stipulated in laws and administrative regulations or other items restricted from sale and purchase. In order to ensure the normal order of the market, our country has implemented restrictions on the trading of some materials related to the national economy and people's livelihood, people's lives, health and safety, and public interests. Only after approval and obtaining a business license can we engage in business activities such as acquisition, storage, transportation, processing, wholesale, and sales. It is illegal to operate without approval. The so-called restricted items refer to items that are not allowed to be freely bought and sold in the market according to regulations, such as important means of production and in-demand consumer goods that are not allowed to be freely bought and sold by the state, and items that are operated by specialized units designated by the state, such as tobacco specialty products (cigarettes, cigars, etc.) , shredded tobacco, recured cigarette paper, filter rods, cigarette tows, special tobacco machinery), foreign exchange, gold and silver and their products, gold and silver handicrafts, jewelry and precious medicinal materials, etc.

Legal Basis

Article 225 of the Criminal Law of the People's Republic of China and the People's Republic of China Violates national regulations, commits one of the following illegal business activities, disrupts market order, and the circumstances If the case is serious, the offender 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 also be fined not less than one time but not more than five times the illegal income. Or confiscate property: (1) Operating special items, 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 laws and administrative regulations. business license or approval document; (3) illegally operating securities, futures, and insurance businesses without approval from the relevant state authorities, or illegally engaging in fund payment and settlement business; (4) other illegal business activities that seriously disrupt market order .