Citizens, legal persons or other organizations engaged in refined oil business activities without the permission of the competent commercial department shall be stopped by the local competent commercial department in conjunction with relevant departments and given administrative punishment. Here, only administrative punishment is given. The criminal law does not clearly stipulate that reselling refined oil is a violation of criminal law. The sale of refined oil generally does not constitute a violation of relevant laws, so there is no question of accepting criminal punishment. Of course, if smuggling is involved, it will be punished as smuggling. However, administrative punishment also includes confiscation of illegal income, fines and administrative detention.
Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC).
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it 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:
(a) operating a franchise or monopoly commodity or other commodities whose operation 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.