Article 225 of the Criminal Law 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 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 his illegal income or his property shall be confiscated. 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. ?
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Case: Was sentenced for illegally selling cigarettes without a license?
65438+February 10, Hengxian court publicly pronounced an illegal business operation case: defendant Su Moumou committed the crime of illegal business operation, sentenced to two years and six months in prison, suspended for three years, and fined 30,000 yuan. ?
It was found through trial that from 2065438 to May 2004, the defendant Su Moumou took over a wholesale department in Dongwei Street, the school chair in Hengxian County, and moved to the first floor of his residence in Dongwei Street to continue business. In the same year1October 20th, 10, the original tobacco monopoly retail license held by a wholesale department operator was cancelled by Hengxian Tobacco Monopoly Bureau. Subsequently, Su Moumou applied for a tobacco monopoly retail license, but did not obtain a tobacco monopoly retail license because the location of a wholesale department did not meet the requirements after the relocation. ?
In order to increase the operating profit of the wholesale department, since 20 14 12, Su Moumou still ordered cigarettes for 2 16600 yuan from Hengxian Tobacco Monopoly Bureau through Lu Moumou, Huang Moumou and Luo Moumou who held tobacco monopoly retail licenses, and made a profit after selling. ?
2065438+On March 20th, 2005, Hengxian Tobacco Monopoly Bureau seized 378.9 unsold cigarettes of 44 brands including Zhenlong and Shuangxi in a wholesale department operated by Su Moumou and its residence. The cigarettes seized by Guangxi Zhuang Autonomous Region Tobacco Product Quality Supervision and Inspection Station are all genuine cigarettes. Appraised by Hengxian Price Certification Center, the value of 378.9 cigarettes seized was * * * 43,336.05 yuan. ?
After the incident, the defendant Su Moumou took the initiative to surrender to the public security organ after being notified by the public security organ by telephone, and truthfully confessed the criminal facts of his illegal operation. ?
After hearing the case, Hengxian Court held that the defendant Su Moumou illegally operated cigarettes for profit without the permission of the tobacco monopoly administrative department, and the amount of illegal operation reached 216,600 yuan, which disrupted the market order and the circumstances were serious. His behavior constituted the crime of illegal operation. The public prosecutor accused the defendant Su Moumou of committing the crime of illegal business operation. The facts are clear, the evidence is true and sufficient, and the crime is established. ?
After the incident, Su Moumou took the initiative to surrender to the public security organ after being notified by the public security organ by telephone, and truthfully confessed the criminal facts of his illegal operation, which was regarded as surrender and could be given a lighter punishment. Su Moumou has a plot of surrender, which is the defense opinion of the first offender and the occasional offender, and this court will verify and adopt it. ?
According to the criminal facts, nature, degree of social harm, plot and repentance of the defendant Su Moumou, there is no danger of committing another crime, and there is no significant adverse impact on the community where he lives. He meets the statutory probation conditions and can be declared suspended. The above judgment was made in accordance with relevant laws. ?
Baidu Encyclopedia-Crime of Illegal Business Operation
Nanning court network-selling cigarettes without a license was convicted of illegal business operation.