Violating the state laws and regulations on tobacco monopoly management, illegally dealing in tobacco monopoly products, tobacco monopoly production enterprise licenses, tobacco monopoly wholesale enterprise licenses, special tobacco monopoly enterprise licenses, tobacco monopoly retail licenses, etc. without the permission of the tobacco monopoly administrative department. In any of the following circumstances: (1) The amount of illegal business operation is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan; (2) Illegally handling more than 200,000 cigarettes; (3) Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan. Reach the filing standard of the crime of illegal business operation.
The sentencing standards for the crime of illegally dealing in tobacco products are as follows:
Without the permission of the department of tobacco monopoly administration, without production license, wholesale license or retail license, under any of the following circumstances, if the circumstances are serious, the statutory benchmark punishment shall be fixed-term imprisonment of not more than one year:
(1) The amount of personal illegal business operation reaches 50,000 yuan, or the amount of illegal income reaches 1 10,000 yuan;
(two) the amount of illegal business units reached 500 thousand yuan, or the amount of illegal income reached 654.38+10 thousand yuan;
(3) Having been subjected to administrative punishment for illegal business in tobacco products for more than two times, amounting to 20,000 yuan.
Shenzhen Nippon Law Group handles criminal defense business such as criminal interview, lawyer's marking, bail pending trial, innocent defense, misdemeanor defense, death penalty review and criminal appeal. Pan Dungang, an authoritative senior lawyer, has been engaged in criminal defense for many years in Shenzhen, is familiar with the handling process of criminal cases, has strong practical operation ability in criminal case investigation, prosecution and trial, has rich experience in handling cases and excellent criminal defense skills, and has undertaken a large number of difficult criminal defense cases and accumulated them. If necessary, please call Room 909, Shenhua Commercial Building, Luohu District, Shenzhen (200m from Exit B of Guo Mao Subway Station) or have an interview.