"Hard China", "Diamond Lotus", "Soft Blue Yellow Crane Tower"
......
Cigarettes of the same brand that are normally sold on the market
Variety
But there are always people who want to "get rich overnight"
Selling fake cigarettes for their own cleverness
Buy at a low price and sell at a high price
As everyone knows, he has already been "punished"!
Recently, the Qichun People's Court concluded the trial of an illegal business case, and sentenced the defendant who sold fake cigarettes without a license to illegally profit in accordance with the law to eight months in prison and a fine of 8,000 yuan.
Brief facts of the case
June 14, 2022
Defendant Zhang XX received
Zhan XX (sentenced)
Wife Yu Moumou (handled in a separate case) phone
learned that Zhan Moumou was arrested when he returned from buying fake cigarettes from the Yellow Crane Tower
It was shipped away beforehand
9 boxes of Yellow Crane Tower hard treasures fake cigarettes are waiting to be sold
Yu Moumou proposed to sell the 9 boxes of Yellow Crane Tower fake cigarettes to Zhang Moumou at a low price, and then Zhang Moumou drove to the underground garage of Yu's community, and after the two sides met, Zhang Moumou agreed to buy 9 boxes of Yellow Crane Tower hard treasure fake cigarettes and pay 75,750 yuan in cash. At the same time, Yu Moumou gave Zhang Moumou more than 800 yuan and a cigarette worth 400 yuan to express his gratitude.
Later, Zhang Moumou sold 2,000 yuan of Yellow Crane Tower hard treasures and fake cigarettes according to the genuine price in the market, and was arrested in the process. After the case was discovered, the defendant Zhang XX returned 3,200 yuan of illegal gains (including property donated by Yu XX).
Proceedings
After trial, the court held that the defendant Zhang Moumou violated the national tobacco monopoly management regulations by illegally operating tobacco monopoly products without the permission of the tobacco monopoly administrative department, and selling fake cigarettes, disrupting market order, and the circumstances were serious, and his conduct constituted the crime of illegal business operation. In view of the fact that the defendant Zhang XX had a criminal record, confessed, and returned illegal gains, the above judgment was made against the defendant Zhang XX in accordance with law.
Tobacco is a special business product, and the state implements exclusive control over the production and sale of tobacco, and implements a tobacco monopoly license system. Driven by huge interests, some lawbreakers are willing to take risks, which not only seriously disrupts the order of market operation, but also infringes on the legitimate rights and interests of consumers and affects the construction of a good business environment. Therefore, we call on consumers to stay away from unlicensed tobacco stalls and choose formal channels for consumption, and relevant practitioners must operate legally and compliantly, keep the bottom line of the law, and do not embark on the road of breaking the law and committing crimes for the sake of profit.
Criminal Law of the People's Republic of China
Article 225 [Crime of Illegal Business Operations] 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;
(1) Engaging in franchised or monopoly goods or other restricted items provided for by laws or 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 provided for by laws and administrative regulations;
(3) Illegally engaging in securities, futures, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;
(4) Other illegal business activities that seriously disrupt market order.
Source: Qifa Balance