1. The amount of illegal business operation is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;
2. Illegally handling more than 200,000 cigarettes;
3. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan. Only a few boxes are generally not sentenced. Smuggling tobacco constitutes a crime of illegal business operation, and according to the amount involved, it shall be sentenced to fixed-term imprisonment of not more than five years, public surveillance or criminal detention. Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Prosecution (2) Violating the laws and regulations of the state on tobacco monopoly management, illegally dealing in tobacco monopoly products without the permission of the tobacco monopoly administrative department, without obtaining the licenses of tobacco monopoly production enterprises, tobacco monopoly wholesale enterprises, tobacco monopoly special business enterprises and tobacco monopoly retail licenses. In any of the following circumstances:
1. The amount of illegal business operation is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;
2. Illegally handling more than 200,000 cigarettes;
3. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan.
Legal basis: As long as it violates the provisions of tobacco monopoly, it is illegal business. Article 225 of the Criminal Law violates state regulations and commits one of the following illegal business operations, disrupting market order. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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.