Legal analysis: selling tobacco illegally without a tobacco business license, with an illegal business amount of more than 50,000 yuan and an illegal income of more than 20,000 yuan, constitutes the crime of illegal business, and should be filed for prosecution. According to the provisions of the criminal law, if the illegal sale of tobacco is serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than one time but not more than five times the illegal income shall be imposed; If the circumstances are especially serious, if the amount of illegal business is more than 250,000 yuan, or the amount of illegal income is more than 100,000 yuan, or the number of cigarettes is more than 1 million, 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 the illegal income, or his property shall be confiscated.

Legal basis:

Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.

Explanations 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 In any of the following circumstances, the illegal operation of tobacco monopoly products 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.