1. If a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or 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.
2. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the above provisions.
To sum up, since it is a crime of illegal business operation, it must be related to the amount of illegal business operation of the parties. If the amount of illegal sales is lower than the legal filing standard, administrative penalties can only be imposed in accordance with general illegal business practices. For the crime of illegal business operation with particularly serious circumstances, it is generally sentenced to fixed-term imprisonment of more than five years, and a corresponding multiple fine is imposed according to the amount of illegal income.
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 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.
Derivative problem:
What are the criteria for the particularly serious circumstances of illegally operating futures? Engaged in other illegal business activities, under any of the following circumstances, it is a "serious case" and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than one time but not more than five times the illegal income:
The amount of personal illegal business is more than 50,000 yuan but less than 500,000 yuan, or the amount of illegal income is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan;
The illegal business amount of the unit is more than 500,000 yuan but less than 2.5 million yuan, or the amount of illegal income 10 yuan is more than 500,000 yuan;