[Case Playback].
It was found that from March 2019 to April 2021, in order to seek illegal benefits, Hong helped others to make profits by selling cigarettes without obtaining the corresponding business license certificate. After that, Hong believed that it was profitable to operate a huge cigarette market, so he began to buy cigarettes** from a number of local merchants to others to earn the middle price difference. In October 2021, the local Tobacco Monopoly Bureau seized cigarettes worth RMB 80,000 purchased by Hong on the spot. After trial, the court found that Hong's behavior constituted the crime of illegal business operation, and the court sentenced Hong to one year in prison, suspended for one year, and fined 2,000 yuan, and confiscated his illegal gains and seized cigarettes, and handed them over to the state treasury.
[Lawyer on Law].
According to article 225 of the Criminal Law, "whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or a fine of not less than one time but not more than five times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or administrative regulations without permission; ......4) Other illegal business activities that seriously disrupt market order. ”
In this case, without obtaining a cigarette business license, Hong helped others to make profits for cigarettes, and later, in order to expand his interests, Hong repeatedly purchased a large number of cigarettes from merchants and shops and sold them to others, so as to earn the price difference. Therefore, Hong's conduct was a violation of state regulations, and he illegally operated cigarettes without permission without obtaining a tobacco monopoly retail license, with an amount of up to RMB 100,000, disrupting market order, and the circumstances were serious, constituting the crime of illegal business operation. However, after he was brought into the case, he truthfully confessed the facts of the crime and voluntarily pleaded guilty and accepted punishment, and the court made the above judgment in accordance with law.
[Lawyer reminds].
Do not illegally operate cigarettes without obtaining a tobacco monopoly retail license, otherwise such acts that disrupt the market order will constitute the crime of illegal business!