1. Crime of illegal business operation: Individuals who resell oil without permission or in violation of laws and regulations can be convicted of the crime of illegal business operation. According to Article 231 of the Criminal Law of People's Republic of China (PRC), the penalty for the crime of illegal business operation is criminal detention, fixed-term imprisonment of not more than three years and a fine;

2. Crime of crossing the country (border) illegally: individuals who cross the country (border) illegally from abroad and carry oil for reselling may be involved in the crime of crossing the country (border) illegally. According to the regulations, the penalty for the crime of crossing the country (border) is criminal detention, fixed-term imprisonment of not more than three years and a fine;

3. Smuggling crime: Individuals who transport oil from China to foreign countries for reselling may be involved in smuggling crime. According to Article 238 of the Criminal Law of People's Republic of China (PRC), the penalty for the crime of smuggling is criminal detention, fixed-term imprisonment of not more than three years, fixed-term imprisonment of not more than five years and a fine.

The constitutive elements of the crime of illegal business operation are as follows:

1. Illegal business conduct: The defendant conducts business activities without permission or in violation of legal provisions for the purpose of illegal possession. In terms of oil reselling, individuals engage in business activities such as buying, selling and reselling oil without corresponding permission or in violation of legal provisions;

2. Serious circumstances: the defendant's illegal business operation is serious, which is generally manifested by factors such as large amount of funds, great influence and harm to the public interest. In the case of oil reselling, such as a large number of oil reselling, it involves cross-border transactions and has a negative impact on social order.

To sum up, the crime of illegal business operation also needs to meet the requirements of other relevant laws, such as specific business areas and specific business behaviors stipulated in the criminal law. In addition, the specific judgment will be decided according to the specific circumstances of the case, the judge's judgment and the application of the law.

Legal basis:

Article 225 of the Criminal Code 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.