Without the permission of the department of tobacco monopoly administration, without production license, wholesale license or retail license, under any of the following circumstances, the circumstances are serious, and the legal benchmark punishment is fixed-term imprisonment of not more than one year: 1, and the illegal business amount of individuals reaches 50,000 yuan; 2. The illegal business operation amount of the unit reaches 500,000 yuan. 3. The unit has been given administrative punishment more than twice for illegally dealing in tobacco products, amounting to 20,000 yuan. If the circumstances of illegally dealing in tobacco products are particularly serious, the statutory benchmark punishment shall be fixed-term imprisonment of not more than five years. Article 3 of the Tobacco Monopoly Law of People's Republic of China (PRC): The state shall conduct monopoly management on the production, sale, import and export of tobacco monopoly products according to law, and implement the tobacco monopoly license system. Whoever engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, confiscate the illegal income and impose a fine.

Legal objectivity:

Article 225 of the Criminal Law 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 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.