Case: Linyi, Shandong, the man purchased 6 tons of tobacco to the bazaar sale, was sentenced to imprisonment

"Is it illegal to sell tobacco?" In Linyi, Shandong Province, a man purchased 6 tons of tobacco twice and sold them in the market. The Tobacco Bureau received a report and investigated it, and then transferred the case to the public security organs to investigate, and then the Procuratorate prosecuted the man for disturbing the market order and the tobacco monopoly system. Eventually the man was sentenced to a prison term.

(Source: Shandong Linyi Yinan County People's Court)

The man, Ge Mou, was unemployed, and heard his friends say that selling cigarettes was a good income. So he listened to his friend's advice, so buy a batch of tobacco to the market to sell when the fair. Unexpectedly, it is very good to sell, Ge Mou first purchase of tobacco soon sold out, and buyers are quite generous, but also without bargaining. This makes just unemployed Ge Mou, overjoyed, that sell this, than before working much stronger.

Taste the sweetness of Ge Mou, immediately purchased another batch of cigarettes for sale, to sell on the market, the sudden appearance of the Tobacco Board staff, so that he was completely confused. Ge thought, I just sell tobacco, and not selling cigarettes, and the Tobacco Board has what to do with it? Therefore, Ge thinks he is not wrong, and the Tobacco Board "reasoning".

Tobacco Bureau staff learned that Ge did not obtain a tobacco monopoly business license, after its investigation. After the investigation, Ge two **** purchased 6 tons of tobacco, illegal business amount **** counted 60,000 yuan, from which the profit of more than 1,000 yuan.

Article 38 of the Tobacco Monopoly Law clearly stipulates that, without a tobacco monopoly license, the sale of cigarettes, cigars and packaged tobacco, the circumstances are minor and do not constitute a crime, the competent authorities ordered to stop operating the retail business of tobacco products, confiscate the illegal income, and impose a fine.

With one of the following circumstances:1. Illegal business amounting to more than 50,000 yuan or illegal income amounting to more than 20,000 yuan ...... Disturb the market order, the circumstances are serious, will be in accordance with the provisions of Article 225 of the Criminal Law, the perpetrator of the crime of illegal business criminal responsibility, sentenced to less than 5 years of imprisonment or detention, and or a single fine of 1-5 times the amount of illegal income.

Note that illegal business amounting to more than 250,000 yuan, or the amount of illegal income of more than 100,000 yuan, will be recognized as a particularly serious situation, and will be sentenced to more than 5 years of imprisonment, and impose a fine of 1-5 times the amount of illegal income or confiscation of property.

That is to say, due to the case Ge did not obtain a tobacco monopoly business license, the illegal operation of tobacco monopoly amount *** counted 60,000 yuan, profit of more than 1,000 yuan already belongs to disturb the market order, the circumstances are serious, so the fine is not enough, but also to pursue its criminal responsibility.

In the end, the court after hearing that, in order to effectively maintain the tobacco monopoly market order and monopoly system, but also combined with Ge Mou to the case after the truthful confession of the facts of the crime is confessed, pleaded guilty and took the initiative to hand over the proceeds of the crime and other circumstances, it was decided to mitigate the punishment and apply probation. At the same time, the recovery of its illegal income of 1000 yuan, to the national treasury.

Finally, I hope you can take warning. That is, tobacco belongs to the monopoly, in the absence of a license, do not touch the bottom line of the law. Self-selling! Have this behavior, light fine, confiscate the illegal income; heavy will be held criminally responsible.