According to criminal law
Article 72 Applicable Conditions A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions. Among them, people under 18 years old, pregnant women and people over 75 years old should suspend:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and 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 stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products? 》
Article 3 Whoever illegally deals in tobacco monopoly commodities under any of the following circumstances shall be deemed as "serious" as stipulated in Article 225 of the Criminal Law:
(a) the amount of illegal business is more than fifty thousand yuan, or the amount of illegal income is more than twenty thousand yuan;
(2) Illegally handling more than 200,000 cigarettes;
(three) more than two times in three years due to illegal tobacco monopoly products by administrative punishment, illegal tobacco monopoly products in the amount of more than 30 thousand yuan.
Under any of the following circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law:
(a) the amount of illegal business is more than 250 thousand yuan, or the amount of illegal income is more than100 thousand yuan;
(2) Illegally handling more than one million cigarettes.
Extended data
Case: The man was sentenced to three years' imprisonment for selling fake cigarettes on the Internet, and the sales amounted to more than 690,000 yuan.
Contact buyers through massive information on the internet, illegally sell high imitation cigarettes without a license, and the accumulated sales amount in three years reached more than 690,000 yuan. Recently, the People's Court of Luochuan County, Yan 'an City, Shaanxi Province made a judgment on the case according to law, and sentenced the defendant Wu Moumou to five years in prison and fined 50,000 yuan for the crime of illegal business operation.
From 20 13 to 20 15, the defendant Wu moumou sold mobile phone messages containing high imitation cigarettes through the internet at the prices of Furong Wang (Huang) 120 yuan, hard Chinese 200 yuan and soft Chinese 240 yuan.
In the form of express parcels, fake cigarettes were sold to Luochuan Chen Moumou, Huangling Li Mou (handled separately) and Zichang Ren Moumou (handled separately) for many times. The transaction amounts are 280,600 yuan, 272,658.7 yuan,142,287.02 yuan respectively, and the accumulated transaction amount above is 695,545.72 yuan.
The court held through trial that the defendant Wu Moumou sold high imitation cigarettes through the Internet without obtaining a tobacco monopoly retail license, with an illegal business amount of more than 250,000 yuan. The circumstances are particularly serious, and its behavior has constituted the crime of illegal business operation. The prosecutor accused him of a crime. Therefore, the above judgment was made in accordance with the provisions of Articles 225 and 64 of the Criminal Law of People's Republic of China (PRC).
References:
Wen county Public Security Bureau Network-Criminal Law
References:
The Supreme People's Procuratorate Net-"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products"
References:
China Court Network-The man was sentenced to three years' imprisonment for selling fake cigarettes online, with sales reaching more than 690,000 yuan.