1. Illegal tobacco business cases include: 1.1 Case number: (2011) Xingchuzi No. 217 Main case facts: At about 9:00 on August 6, 2010, the defendant Huang Xiaoming drove a Wuling van from Hebi A batch of Yuxi brand cigarettes and Hongtashan brand cigarettes were purchased from a certain place in Qin County, Qi County. On the way back, he was seized by the Anyang Highway Traffic Police, and the defendant Huang Xiaoming abandoned the car and fled. 1.2 Judgment summary: The defendant Huang Xiaoming has a tobacco monopoly retail license. His behavior of buying cigarettes in Qi County, Hebi City can be administratively punished by the tobacco management administrative agency in accordance with relevant regulations. It does not fall into the illegal business of tobacco in the crime of illegal business. Monopoly behavior should not be treated as a crime. Case 2. The act of renting or borrowing someone else’s tobacco retail license for business operations does not constitute the crime of illegal business operations. 2.1 Case number: (2014) Nanxi Xingchuzi No. 53 Main case facts: On July 11, 2012, the defendant Chen Moumou rented He Moumou’s tobacco monopoly retail license and opened a shop in Cuijin, Nanxi Town, Nanxi District, Yibin City Cuijin Tobacco and Liquor Store opened on the street, mainly selling cigarettes, alcohol and other products. After being discovered by the local Tobacco Monopoly Bureau, a batch of counterfeit tobacco was seized (which did not meet the filing standards for the crime of selling goods with counterfeit registered trademarks), and it was verified that the defendant Chen Moumou also ordered cigarettes from the local Tobacco Monopoly Bureau for sale, with a total amount of 360,989 yuan. . 2.2 Judgment summary: Defendants Chen and Zeng rented or borrowed tobacco monopoly retail licenses from others, and operated at designated locations after purchasing goods in the tobacco monopoly department. There was no substantial difference from the license holders’ own operations, and they did not disrupt the market order, nor did they disrupt the market order. It does not damage the national tax revenue and does not have serious social harm, and the defendant holds someone else's license to operate. The law and judicial interpretation do not expressly stipulate that he should be convicted and punished for the crime of illegal operation; after the defendants Chen Moumou and Zeng Moumou seized The value of the counterfeit cigarettes did not reach the amount required for criminal prosecution. Case 3. Engaging in tobacco wholesale while holding a tobacco retail sales license is an out-of-scope operation and an administrative violation, but it does not constitute the crime of illegal business. 3.1 Case number: (2014) E Xiaogan Zhong Xing Zhong Zi No. 00155. Similar judgments include (2015) Gan Zhong Xing Er Zhong Zi No. 190, (2015) Changan Xing Chu Zi No. 00205, (2014) E Suixian Xingchuzi Judgment No. 00058, (2011) Wenxingchuzi Judgment No. 218, (2016) Chuan 1112 Xingzai Judgment No. 4, (2016) Chuan 1112 Xingzai No. 3 Judgment, (2014) Jing Xingchu Judgment No. 00095. Main facts of the case: From April 2011 to February 2012, the defendant Chen Xinlin, without obtaining a tobacco monopoly license, repeatedly purchased tobacco in bulk at low prices from the defendants Ma Mouhui and Liu Moujia, who hold tobacco retail licenses. , totaling 4,508,460 yuan. 3.2 Judgment summary: Defendants Ma and Liu hold tobacco monopoly and retail licenses, but have repeatedly carried out wholesale business beyond the scope of their business. They should not be treated as illegal business crimes and should be handled by the relevant competent authorities. This does not constitute illegal business operations. crime. 2. Legal basis: Article 225 of the Criminal Law: Whoever commits the crime of illegal business operations in violation of state regulations and commits one of the following illegal business activities, 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 be sentenced to or A fine of not less than one time but not more than five times the illegal income shall be imposed; if the circumstances are particularly serious, the person 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 the illegal income or property shall be confiscated: (1) Laws and administrative regulations for operating 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) 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; Relevant competent authorities approve the illegal operation of securities, futures, and insurance businesses, or illegally engage in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.