1, if the circumstances are serious, 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;
2. 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 the illegal income, or his property shall be confiscated. Gold is a product restricted by the state, and individuals engaged in gold business are suspected of illegal operation.
Elements of the crime of illegal business operation:
1, objective elements, the object of the crime of illegal business operation is the market management system of the state that restricts the sale of goods and business licenses;
2. Objective elements, which are manifested as engaging in franchise, monopoly of commodities or other restricted commodities 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 serious acts;
3. Subject elements: the subject of the crime of illegal business operation is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability;
4. Subjective elements: the subjective aspect of the crime of illegal business operation is intentional and has the purpose of seeking illegal interests.
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.