First, the crime of reselling gasoline is suspected of illegal business operation, and the punishment is generally based on the circumstances. The sentence is:
(1) Whoever commits one of the illegal business operations and 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 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 his illegal income, or his property shall be confiscated.
Second, what are the constitutive elements of the crime of illegal business operation?
1. Object elements: The object of the crime of illegal business operation is the state market management system that restricts the sale and purchase of commodities and business licenses;
2. Objective requirements: engaging in franchise, monopoly goods 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, and engaging in other illegal business activities that disrupt market order and have serious circumstances;
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. The unit can also be the subject of this crime. Usually, it means that a normal person who has reached the age of 16 constitutes the crime of illegal business operation, while a person who has not reached the age of 16 or a mental patient cannot constitute the crime of illegal business operation. The so-called "unit" refers to all kinds of companies, enterprises, institutions and other legal persons and organizations;
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:
Criminal law of the people's Republic of China
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts 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; 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.