In recent years, some criminals have taken advantage of people's curiosity to disguise the smoking of "laughing gas" as a "balloon" and other forms to spread among young people in order to achieve the purpose of illegal profit. Recently, the Jinniu Court of Chengdu City, Sichuan Province, publicly pronounced judgments on two cases of illegal operation of "laughing gas" in accordance with the law.
Recruit full-time drivers to transport "laughing gas"
The amount of illegal business in 9 months amounted to 650,000 yuan
In March last year, in order to make high profits, the defendant Lei Moumou began to illegally operate "laughing gas", and Du was responsible for transporting "laughing gas", and a few days later Du withdrew after being administratively punished by the public security organs for this matter, and the defendant Lei Moumou operated alone.
Since then, Lei Moumou has been inviting Du Moumou to come back to jointly operate "laughing gas", and Du Moumou couldn't resist the temptation of interests and "cooperated" with Lei Moumou again. Since July last year, Lei Moumou is responsible for contacting the source of "laughing gas" and customers, and Du is responsible for managing accounts and contacting customers, and the two have been cooperating until October last year, and Luo Moumou was recruited as a driver to be responsible for transporting "laughing gas".
On December 6 last year, Lei and Luo were arrested by the police, and Du voluntarily surrendered on December 7 last year. After investigation, from March 2023 to the occurrence of the case, the amount of illegal business operations totaled more than 650,000 yuan, and from July 2023 to the occurrence of the case, the amount of illegal business operations totaled more than 30 yuan, of which the defendant Lei Moumou made illegal profits of more than 110,000 yuan, the defendant Du Moumou illegally gained about 50,000 yuan, and the defendant Luo Moumou illegally gained more than 10,000 yuan.
On April 25, after trial, the court held that the defendants Lei XX, Du XX, and Luo XX operated items restricted from being bought and sold by administrative regulations without permission, disrupting market order, and the circumstances were serious, and their actions constituted the crime of illegal business operation.
Based on the facts, circumstances, and degree of harm to society in the case, the defendant Lei XX was sentenced to three years and eight months imprisonment and a fine of 200,000 yuan for the crime of illegal business operation; The defendant Du X was sentenced to one year and five months imprisonment and a fine of 100,000 yuan for the crime of illegal business operation; The defendant Luo X was sentenced to five months' short-term detention with a suspended sentence of eight months, and a fine of 20,000 yuan.
Buy at a low price, sell at a double price
The sales amount exceeded 110,000 yuan in 4 months
On April 24, the Jinniu Court pronounced a verdict on another case of illegal operation of "laughing gas".
On December 12, 2023, the Jinniu District Branch of the Chengdu Municipal Public Security Bureau received a report from the masses that someone was transporting "laughing gas" in the community.
After trial, the court found that from September to December 2023, in order to seek illegal benefits, the defendant Yang Moumou repeatedly purchased "laughing gas" from Chen Moumou (handled in a separate case) through the Internet at a price ranging from 80-90 yuan per can, and then illegally sold it to others at a price of 200 yuan per can, and hired the defendant Li Moumou to transport it. During the period, the sales amount reached more than 110,000 yuan, with the defendant Yang Moumou making a profit of 30,000 yuan and the defendant Li Moumou making a profit of more than 23,000 yuan. On December 14, 2023, defendants Yang XX and Li XX were intercepted by the public security organs, and after arriving at the case, they truthfully confessed the above criminal facts, and both of them have returned their illegal gains.
After trial, the court held that the defendants Yang XX and Li XX conspired with others to illegally sell "laughing gas" through the Internet in violation of state regulations, and the circumstances were serious, and their conduct constituted the crime of illegal business operation. Based on the facts, circumstances, and degree of harm to society in the case, the court sentenced the defendant Yang XX to seven months imprisonment and a fine of 40,000 yuan; Defendant Li XX was sentenced to four months' short-term detention, suspended for six months, and fined 20,000 yuan.
"Laughing gas" became a substitute for drugs
It has been included in the list of hazardous chemicals
"Laughing gas", chemically known as nitrous oxide, is a colorless and sweet gas, originally used as an analgesic, food additive, and accelerant, but in recent years, "laughing gas" has gradually become a drug substitute for "addicts". Long-term inhalation of "laughing gas" will cause the body's vitamin deficiency, which will affect the nerves, cause cognitive dysfunction at least, and lead to disability or death, no matter what the consequences, will cause serious damage to life and health.
The court reminded that although "laughing gas" is not currently included in the drug control in the mainland, it has been included in the list of hazardous chemicals as early as 2015. The addiction caused by inhaling "laughing gas" is no less harmful to the human body than drugs. Those who smoke "laughing gas" may violate the Public Security Administration Punishment Act for "illegal use of dangerous substances" or "illegal possession of dangerous substances". Those who produce and sell "laughing gas" in violation of regulations may be suspected of illegal business operations or even dangerous operations, thus violating the criminal law. Once again, the "laughter" of inhaling "laughing gas" is not the real "laughing", do not inhale "laughing gas" driven by curiosity, and should consciously resist the demagogy of lawbreakers, do not be curious, do not try, and do not abuse; At the same time, we must not defy the law and sell "laughing gas" under the temptation of interests, harming others and ourselves.
Source: China Drug Control