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How much does reselling cigarettes constitute a crime?

Reselling cigarettes for more than 50,000 yuan constitutes the crime of producing and selling fake and inferior products and illegal business operations.

The sentencing standards for the crime of illegal business operations are as follows:

1. If the amount of reselling cigarettes is more than 50,000 yuan, the sentence shall be fixed-term imprisonment of not more than five years;

2. The sales amount Anyone who sells more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined not less than 50% but not more than twice the sales amount.

If the circumstances are serious, the legal benchmark penalty is one year in prison:

1. The amount of personal illegal business operations exceeds 50,000 yuan, or the amount of illegal income exceeds 10,000 yuan;

2. The amount of the unit’s illegal business operations reaches 500,000 yuan, or the amount of illegal income exceeds 100,000 yuan;

3. The company has received more than two administrative penalties for illegally operating tobacco products and operates illegally, the amount Up to 20,000 yuan.

The sentences for the crime of producing and selling counterfeit and inferior products are as follows:

1. If the sales amount is more than 50,000 yuan but less than 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be sentenced to or A fine of not less than 50% but not more than twice the sales amount;

2. If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be sentenced to A fine of not less than 50% but not more than twice the sales amount;

3. If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined % of the sales amount. A fine of not less than 50% but not more than twice the amount;

4. If the sales amount exceeds 2 million yuan, he shall be sentenced to 15 years in prison or life imprisonment, and shall also be fined not less than 50% but not more than twice the amount of the sales amount. or confiscation of property.

To sum up, those who resell cigarettes are generally sentenced to fixed-term imprisonment of less than 3 years. If there is a large amount of money, the punishment will be more serious. The penalties for illegal business crimes are still quite high, including fines. The fines are generally higher than those for other crimes.

Legal basis:

Article 225 of the Criminal Law of the People's Republic of China

The crime of illegal business operations violates national regulations and includes the following One of the illegal business activities that disrupts market order, and the circumstances are serious, shall 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; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than five years, In addition, a fine of not less than one time but not more than five times of the illegal income shall be imposed, or property may be confiscated:

(1) Operating franchises, monopoly items or other items with restricted sales and purchases stipulated in 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 in laws and administrative regulations;

(3) Without the relevant national competent authorities Approving the illegal operation of securities, futures, and insurance businesses, or illegally engaging in fund payment and settlement business;

(4) Other illegal business behaviors that seriously disrupt market order.