Different penalties will be imposed based on the amount involved.

Article 140 of the Criminal Law: Producing and selling counterfeit and inferior products. Producers and sellers adulterate or adulterate products, pass off fake products as genuine, substandard products, or pass off substandard products. Qualified products whose sales amount is 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;

Anyone with a sales amount of more than 200,000 yuan but less than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than twice the sales amount;

The sales amount is 50%. If the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than 50% but not more than twice the sales amount; Five years' imprisonment or life imprisonment, and a fine of not less than 50% but not more than twice the sales amount, or confiscation of property.

Article 214: The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. A fine shall be imposed; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Extended information

Without a tobacco monopoly business license, a man and a woman sold counterfeit cigarettes through WeChat to make profits. Recently, the Jinxi County People's Court of Jiangxi Province sentenced the man Wu to three years in prison with three years of probation and a fine of 30,000 yuan for the crime of illegal business operations. The woman Lu was sentenced to six months of criminal detention and six months of probation. and fined 10,000 yuan.

From September 2016 to May 2017, the man Wu illegally sold counterfeit cigarettes without obtaining a tobacco monopoly business license. He purchased counterfeit cigarettes from his upline Lin (handled in a separate case) through WeChat, and then sold them to his downline through WeChat. From September 14, 2016 to April 14, 2017, Wu transferred 123,503 yuan to his online account through WeChat to purchase and sell counterfeit cigarettes.

Among them, from September 14, 2016 to December 29, 2016 and from March 29, 2017 to April 14, 2017, a total of 62,050 yuan was transferred to purchase counterfeit cigarettes and all were sold; in December 2016 From March 30 to January 20, 2017 and from February 8, 2017 to March 28, 2017, 783 counterfeit cigarettes were sold. It was determined that the value of the 783 cigarettes was 333,446.26 yuan. Wu illegally sold cigarettes worth a total of 395,496.26 yuan.

From August 2016 to December 2016, the woman Lu also illegally sold counterfeit cigarettes without obtaining a tobacco monopoly business license. He transferred 32,500 yuan to his online store through WeChat to buy counterfeit cigarettes. He purchased a total of 420 counterfeit cigarettes, of which 325 counterfeit cigarettes were sold and 95 counterfeit cigarettes were seized but were not sold.

After identification, the 95 cartons of seized cigarettes were counterfeit registered trademarks and shoddy cigarettes. The value of the 325 cartons of cigarettes sold was 113,866.896 yuan, and the value of the 95 cartons of unsold cigarettes was 39,518.22 yuan.

The court of first instance held that the defendants Wu and Lu violated the national tobacco monopoly management laws and illegally operated tobacco monopoly products without permission from the tobacco monopoly administrative department, and their actions constituted the crime of illegal business operations. After the incident, the defendant Wu voluntarily surrendered and truthfully confessed the facts of his crime. If he surrendered, he could be given a lighter or reduced punishment in accordance with the law.

If the defendant Lu can truthfully explain the facts of his crime after the incident, and there are circumstances of confession, he may be given a lighter punishment in accordance with the law. The two defendants have returned all the stolen goods and may be given a lighter punishment as appropriate. The defendant Lu has meritorious service and may be given a lighter punishment in accordance with the law. Both defendants are first-time offenders and are still young, so they may be given a lighter punishment as appropriate. After the incident, the defendant Wu took the initiative to provide clues about other people's crimes to the public security organs and showed deep remorse, so he may be given a lighter punishment as appropriate. In summary, the court made the above judgment in accordance with the law.