1, if the circumstances of the crime are serious, he 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;
2. If the circumstances of the crime are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall be fined not less than one time but not more than five times the illegal income or confiscation of property.
In the current social market, the things sold on it are more complicated, and some of them are not sold through normal channels. Such behavior is illegal, and it is not illegal to sell tobacco through normal channels. However, if it is illegal to sell tobacco, it may constitute a crime of illegal business operation, and depending on the seriousness of the case, it may be fined or sentenced to fixed-term imprisonment.
laws and regulations
Criminal law of the people's Republic of China
Article 225 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 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 for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(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.
Regulations on the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law
Article 6 Whoever engages in the production, wholesale and retail of tobacco monopoly products, the import and export of tobacco monopoly products and the purchase and sale of foreign tobacco products must apply for a tobacco monopoly license.
Tobacco monopoly license is divided into:
(1) License of tobacco monopoly production enterprise;
(2) License of tobacco monopoly wholesale enterprise;
(3) Tobacco monopoly retail license.