(Case source: yinan county People's Court, Linyi, Shandong)
After the man Ge lost his job, he heard from a friend that the income from selling tobacco was good. So he listened to his friend's advice and bought a batch of cut tobacco to sell in the market. I never thought it would really sell well. Ge's first cigarette was sold out quickly, and the buyer was generous and didn't bargain. This made Ge, who had just lost his job, overjoyed and felt that selling this was much better than working before.
Ge, who tasted the sweetness, immediately bought a batch of cut tobacco for sale. When he took it to the market for sale, the sudden appearance of tobacco bureau staff completely confused him. Ge thought, I only sell cut tobacco, not cigarettes. What does it have to do with the tobacco bureau? Therefore, Ge believes that he is not wrong and "argues with the Tobacco Bureau".
The staff of the Tobacco Bureau investigated and dealt with Ge after learning that he had not obtained the business license of tobacco monopoly products. After investigation, Ge bought 6 tons of tobacco twice, and the illegal business amount was 60,000 yuan, from which he made a profit 1 10,000 yuan.
Article 38 of the Tobacco Monopoly Law clearly stipulates that if cigarettes, cigars and packaged shredded tobacco are sold without a tobacco monopoly license, if the circumstances are minor and do not constitute a crime, the competent department shall order them to stop operating the retail business of tobacco products, confiscate their illegal income and impose a fine.
Under any of the following circumstances: 1, the amount of illegal business operation is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan ..... disrupting the market order, and the circumstances are serious, the perpetrator will be investigated for criminal responsibility for the crime of illegal business operation in accordance with Article 225 of the Criminal Law, and be sentenced to fixed-term imprisonment of not more than five years or criminal detention, with a fine of 1-5 times the illegal income.
Note that the amount of illegal business operations is more than 250,000 yuan, or the amount of illegal income is more than 6,543,800 yuan, which is considered to be particularly serious, and it is sentenced to fixed-term imprisonment of more than 5 years, with a fine of 6,543,800+0-5 times of illegal income or confiscation of property.
That is to say, in this case, Ge Mou illegally operated tobacco monopoly products with a profit of 1 10,000 yuan without obtaining a license for tobacco monopoly products, which has disrupted the market order, and the circumstances are serious and the fine is not enough. He should be investigated for criminal responsibility.
Finally, after trial, the court held that in order to effectively maintain the market order and monopoly system of tobacco monopoly products, and combined with Agger's truthful confession of the criminal facts after the case, he had confessed, pleaded guilty and voluntarily turned over the illegal income, and decided to give him a lighter punishment and apply probation. At the same time, the illegal income of 1000 yuan shall be recovered and turned over to the state treasury.
Finally, I hope everyone will take a warning. That is, tobacco is a monopoly product, and you must never touch the legal bottom line without obtaining a license. Sell it privately! Those who commit this act will be fined and their illegal income will be confiscated; Serious cases will be investigated for criminal responsibility.