Legal analysis: illegal operation of tobacco monopoly products under any of the following circumstances shall be deemed as "serious circumstances" as stipulated in the crime of illegal operation, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention: 1 The amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan, and the number of cigarettes is more than 200,000. Those who have been given more than two administrative penalties for illegally operating tobacco monopoly products within three years are illegally operating tobacco monopoly products. Under any of the following circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in the crime of illegal business operation, and it shall be sentenced to fixed-term imprisonment of not less than five years, with a fine of not less than one time but not more than five times the illegal income or confiscation of property: 1. The amount of illegal business is more than 250,000 yuan, or the amount of illegal income is more than 1 10,000 yuan. The number of illegally operated cigarettes is more than 1 10,000.

Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations and disrupts 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 also be fined not less than one time but not more than five times his illegal income. If the circumstances are especially serious, a fine of not less than one time but not more than five times the illegal income shall be imposed or property shall be confiscated: (1) dealing in franchised or monopolized commodities or other commodities whose trading 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 state departments, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (4) engaging in other illegal business activities that seriously disrupt the market order.