1. Under any of the following circumstances, the offender shall generally be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income:

(1) The amount of tobacco sales business is more than 50,000 yuan;

(two) the amount of illegal income is more than 20 thousand yuan;

(3) illegally handling more than 200,000 cigarettes;

(4) Being punished twice or more for illegally dealing in tobacco monopoly products within three years, and the amount of illegally dealing in tobacco monopoly products is more than 30,000 yuan. The amount of illegal business is more than 250,000 yuan; Or the amount of illegal income is more than 100,000 yuan.

2. Legal basis: Article 225th of the Criminal Law 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.

Second, what should be paid attention to when identifying the crime of illegal business operation?

The crime of illegal business operation refers to illegal business operation, which involves operating franchised, monopolized or other restricted goods without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, engaging in other illegal business activities, disrupting market order and having serious circumstances. The following issues should be paid attention to when determining the crime of illegal business operation:

1, criminal violations are consistent with administrative violations, that is to say, illegal operators must violate relevant industrial and commercial laws and regulations, and there is no criminal violation without administrative violations;

2. Subjectively, the actor must be intentional and take profit as the purpose. For those who knowingly engage in illegal business operations for the purpose of making profits, it is not considered to constitute an administrative punishment;

3. Only if the circumstances of the crime are serious can it constitute a crime, and whether the circumstances are serious should be determined from the amount and income of illegal business operations, whether the actor has carried out illegal business operations, causing great losses to the country or other serious consequences, and whether he still refuses to repent after administrative punishment.