Zhang Moumou sold electronic cigarettes through the Internet without obtaining a tobacco business qualification, with a sales amount of more than 800,000 yuan. Recently, the Jiawang District Court sentenced the relevant defendants for the crime of illegal business operations.

Since 2019, Zhang Moumou has sold Marlboro brand and HEETS brand electronic cigarette cartridges through the Internet without obtaining a tobacco monopoly license, with a cumulative illegal business amount of more than 800,000 yuan. Since 2020, Ma Moujia has sold HEETS brand e-cigarette cartridges without obtaining a tobacco monopoly license, with a cumulative illegal business amount of more than 500,000 yuan. Ma Mouyi (the sister of Ma Moujia), knowing that Ma Moujia has not obtained a tobacco monopoly license, is still in the process of illegally selling electronic cigarette cartridges to Ma Moujia, providing him with assistance in receiving and delivering the goods. .

The court held that Zhang Moumou, Ma Moujia and Ma Mouyi violated state regulations and illegally operated tobacco monopoly products without permission. A fine of not less than one time but not more than five times the illegal gains or confiscation of property shall also be imposed. All three defendants had confessed circumstances and were given lenient punishments in accordance with the law. In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, Zhang Moumou was sentenced to five years and six months in prison for the crime of illegal business operation and a fine of RMB 120,000; Ma Moujia was sentenced to fixed-term imprisonment for the crime of illegal business operation. He was sentenced to five years and three months in prison, and a fine of RMB 80,000; Ma Mouyi was sentenced to three years in prison, suspended for four years, and a fine of RMB 30,000 for the crime of illegal business operations.

Article 225 of the "Criminal Law of the People's Republic of China" stipulates that: Unlicensed operation of franchised or monopoly goods or other restricted goods as prescribed by laws and administrative regulations, disrupting market order, and the circumstances are serious, constitutes the crime of illegal business operation. In this case, the three defendants violated state regulations and illegally operated tobacco monopoly products without permission. The circumstances were particularly serious and the market order was seriously disrupted. According to the law, they should be sentenced to fixed-term imprisonment of not less than five years, and a fine of not less than one time but not more than five times the illegal gains or confiscation. property. Based on the three defendants' confession, confession and punishment, and return of stolen goods, the above judgment is made against them.

Nowadays, electronic cigarettes have become the "new favorite" of many smokers. Palm-sized electronic heating appliances, coupled with imported pods, can "puff the clouds" without the need for a lighter to light a cigarette. In the eyes of many smokers, buying, selling and using electronic cigarettes has become a "new fashion" and "new trend", and many people take risks for profiteering.

Here, the judge reminds that although electronic cigarettes are different from ordinary cigarettes, they also belong to the franchise, monopoly items or other items restricted by laws and administrative regulations. Without obtaining a tobacco monopoly retail license, operating and selling electronic cigarettes without permission will not only violate the national tobacco monopoly law, but also violate the law and bring you jail time.