Anyone whose illegal business amount is more than 50,000 yuan, or whose illegal income is more than 20,000 yuan, is suspected of illegal business crime, and those whose business amount is 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to law, and shall also be sentenced to Or a fine of not less than one time but not more than five times the illegal income may be imposed. ?
Article 225 of the "Criminal Law" who violates state regulations and commits any of the following illegal business activities and disrupts 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 be sentenced to or A fine of not less than one time but not more than five times the illegal income shall be imposed; if the circumstances are particularly serious, the offender 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 property shall be confiscated. If the circumstances are particularly serious, the offender 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: Monopoly items or other restricted items; ?
(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations; ?< /p>
(3) Illegal operations of securities, futures, and insurance businesses without the approval of relevant state authorities, or illegal fund payment and settlement business; ?
(4) Other serious disruptions Illegal business practices in the market order. ?
Extended information: ?
Case: Sentenced for illegally selling cigarettes without a license?
On December 10, the Heng County Court publicly sentenced an illegal businessman to Case: The defendant Su Moumou committed the crime of illegal business operations and was sentenced to two years and six months in prison, suspended for three years, and fined 30,000 yuan. ?
After trial, it was found that in May 2014, the defendant Su Moumou took over someone else’s wholesale department located on Dongwei Street, Xiaoyi Town, Hengxian County and moved it to the first floor of his residence on Dongwei Street to continue business. On October 20 of the same year, the "Tobacco Monopoly Retail License" held by a former wholesale department operator was canceled by the Hengxian Tobacco Monopoly Bureau. Subsequently, Su Moumou applied for a "Tobacco Monopoly Retail License", but was not granted the "Tobacco Monopoly Retail License" because the location of a wholesale department after relocation did not meet the conditions. ?
In order to increase the operating profits of the wholesale department, since December 2014, Su Moumou still obtained the "Tobacco Monopoly Retail License" by holding the "Tobacco Monopoly Retail License". 》Lu Moumou, Huang Moumou, and Luo Moumou ordered a total of 216,600 yuan of cigarettes from the Hengxian Tobacco Monopoly Bureau and made a profit from the sales, of which 76,500 yuan of cigarettes were ordered through Lu Moumou, and 130,100 yuan were ordered through Huang Moumou. Yuan's cigarettes, and ordered 10,000 Yuan cigarettes through Luo Moumou. ?
On March 20, 2015, the Hengxian Tobacco Monopoly Bureau seized 44 unsold brands of Zhenlong, Shuangxi and other brands at a wholesale department run by Su and his residence, totaling 378.9 Cigarettes. After inspection by the Guangxi Zhuang Autonomous Region Tobacco Product Quality Supervision and Inspection Station, the seized cigarettes were all genuine. As certified by the Hengxian Price Certification Center, the 378.9 cartons of cigarettes seized were worth RMB 43,336.05. ?
After the incident, the defendant Su Moumou took the initiative to surrender to the public security organ after being notified by the public security organ by phone, and truthfully confessed his illegal business crime. ?
After the trial, the Hengxian County Court held that the defendant Su Moumou illegally operated cigarettes for the purpose of profit without the permission of the tobacco monopoly administrative department. The illegal operation amount amounted to 216,600 yuan, disrupting market order and the circumstances were serious. , whose behavior constitutes the crime of illegal business operations. The public prosecution agency accused the defendant Su Moumou of committing the crime of illegal business operations. The facts were clear, the evidence was reliable and sufficient, and the charges were found guilty. ?
After the incident, Su Moumou took the initiative to surrender to the public security organ after being notified by the public security organ over the phone, and truthfully confessed his crime of illegal business operation. This will be regarded as surrender and may be given a lighter punishment. The defense opinion put forward by the defender that Su Moumou surrendered, was a first-time offender, and an occasional offender was verified to be true and this court accepted it. ?
Based on the defendant Su’s crime facts, nature, degree of social harm, circumstances and repentance, the suspended sentence has no risk of re-offending and has no major adverse impact on the community where he lives, so he is in compliance with the suspended sentence. According to the legal conditions, a suspended sentence can be issued. In accordance with relevant laws, the above judgment was made.
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Baidu Encyclopedia-Illegal Business Crime
Nanning Court Website-Selling cigarettes without a license and being sentenced for illegal business