The penalties for selling counterfeit cigarettes are as follows:
1, if the sales amount is more than 50,000 yuan but less than 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount;
2. Whoever sells more than 200,000 yuan but less than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount;
3. Whoever sells more than 500,000 yuan but less than 2 million yuan shall be sentenced to fixed-term imprisonment of more than seven years and fined more than 50% but less than two times the sales amount.
Selling fake cigarettes is suspected of constituting the crime of illegal business operation;
The crime of illegal business operation refers to the illegal business operation of articles, licenses or approvals that restrict business operation and trading, and other illegal business operations that disrupt market order and have serious circumstances, such as telecommunications, securities and futures industries.
To sum up, no unit or individual may sell illegally produced tobacco products. Whoever sells illegally produced tobacco monopoly products shall be ordered by the department of tobacco monopoly administration to stop selling and confiscate the illegal income.
Legal basis:
Article 225 of the Criminal Code of People's Republic of China (PRC).
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it 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.