Recently, the People’s Court of Yuanzhou District, Yichun City, Jiangxi Province opened a trial on an illegal business case.
After trial, defendant Yuan did not have a tobacco monopoly retail license. Defendant Yuan purchased brand electronic cigarette cartridges from defendants Peng, Jiang, etc. through deposits or transfers, earning a 10 yuan difference for each. The way is sold all over the country.
Upon investigation, the public security organs seized 70 heat-not-burn gas bombs in the defendant Yuan’s residence and his vehicle, with a value of 10,850 yuan, and Yuan Gong paid the heat-not-burn gas bombs to the bank cards used by the defendants Peng and Jiang. 396635 yuan.
In the second half of 2020, the defendants Peng and Jiang, without a tobacco monopoly retail license, contacted online to buy branded electronic cigarette cartridges through WeChat and other methods, in order to earn a few yuan for profit. Defendant Lu obeyed the arrangement of his boss and was responsible for the shipment to defendants Peng and Jiang.
On December 29, 2020, the defendant Lu was arrested on the spot by the public security organs while delivering the e-cigarette bombs to the defendants Peng and Jiang. 600 e-cigarette bombs were seized on the spot and the purchase price of the bombs was 42,000 yuan. Subsequently, the public security organs found 648 heating non-combustion bombs and 21,200 yuan in cash at the offices leased by the defendants Peng and Jiang. The above 1,248 heat-not-burn Heatsticks have been identified, and each cartridge is worth 155.01 yuan, with a total value of 193453 yuan.
In summary, the amount involved in the case of the defendant Yuan is 579350.8 yuan, the amount involved in the case of the defendants Peng and Jiang is 590088 yuan, and the amount involved in the case of the defendant Lu is 93,006 yuan.
The court found that the defendant violated the national tobacco monopoly management laws and regulations, did not have the permission of the tobacco monopoly administrative department, did not have a tobacco monopoly retail license, illegally operated tobacco products, and disrupted market order; all constituted the crime of illegal operation. The four defendants, including Yuan, Peng, Jiang, and Lu, were sentenced to fixed-term imprisonment ranging from 11 months to five years and three months, and fined between RMB 50,000 and RMB 10,000.
