1. The case of illegal tobacco business is: 1. 1 case number: (20 1 1) criminal Chu Zinuo. 2 17 Main case: 2010 At 9 o'clock on August 6, the defendant Huang Xiaoming bought Yuxi brand cigarettes from Qin Moumou in Qixian County, Hebi City. Defendant Huang Xiaoming abandoned his car and fled on his way back. 1.2 Referee's point: Defendant Huang Xiaoming holds a tobacco monopoly retail license, and his smoking behavior in Qixian County, Hebi City can only be given administrative punishment by the tobacco management administrative organ according to relevant regulations. It is not illegal to operate tobacco monopoly products in the crime of illegal business operation, and should not be treated as a crime. Case 2. The act of renting or borrowing another person's tobacco monopoly retail license for business operation does not constitute the crime of illegal business operation. 2. 1 CaseNo.: (20 14) Nanxi Criminal No.53 Main case: July 2065438 165438, defendant Chen rented a tobacco monopoly retail license and opened a tobacco and alcohol specialty store in Nanxi Town Street, nanxi district City, Yibin City, mainly engaged in tobacco and alcohol. It was seized by the local tobacco monopoly bureau, and a batch of counterfeit tobacco was seized (not up to the filing standard for the crime of selling counterfeit registered trademark goods), and it was verified that the defendant Chen also ordered cigarette sales from the local tobacco monopoly bureau, with a total amount of 360989 yuan. 2.2 Referee's Points: Defendants Chen Moumou and Zeng Moumou rented or borrowed other people's tobacco monopoly retail licenses to operate in designated places after purchasing goods from the tobacco monopoly department, which was not substantially different from the licensee's own operation, did not disturb the market order, did not damage the national tax, and did not have serious social harm. Moreover, the defendant operated with another person's license, and the law and judicial interpretation did not expressly stipulate that he was convicted and punished for the crime of illegal business operation; The value of counterfeit cigarettes seized by defendants Chen Moumou and Zeng Moumou did not reach the penalty amount. Case 3. In the case of holding a tobacco retail license, engaging in tobacco wholesale beyond the scope of business is an administrative illegal act, but it does not constitute a crime of illegal business. 3. 1 CaseNo.: (20 14) No.00 155 in Xiaogan, Hubei,No. (20 15) 190 in Ganzhong and No.00205 in Chang 'an. (20 1 1) Wenxing Zi Chu No.218, (20 16) Chuan 1 12 Xing No.4, (20 16) Sichuan 65438+ Main case: April 20 1 1 year to February 20 12 3.2 Referee's key points: Defendants Ma Mou and Liu Moujia hold tobacco monopoly retail licenses, but they have repeatedly carried out wholesale business beyond the scope, which should not be punished as illegal business, but should be punished by. 2. Legal basis: Article 225 of the Criminal Law, in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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 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 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.