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Man open shop 'hang sheep head sell vinegar' prison and be punished

by:Tianwang     2020-07-14

- reporters Qi nannan correspondent qian-qian zhang core clew:

without the consent of the department of tobacco monopoly administration, using taobao many times to the buyer the illegal distribution of law specializing in and selling cigarettes to profit. (date) (month) (year), gangcheng trial together online cases of illegal sales of cigarettes.
the defendant never leave home, hundreds of thousands of profit; He 'hang sheep head sell vinegar', mark for carton goods, but sales of cigarettes; He is very cunning and set up the joint sign, implements the online anonymity, but eventually because of violation of state, illegal operations, make crime of illegal business, shall be investigated for criminal responsibility according to law.
the case review:
the defendant nimbus ( Not his real name) , who lives in Shanghai, the year he used the tao an id card registration a classmate named to taobao account, using his true identity is registered, the steam of taobao account, without any permission formalities, open a shop on taobao to buy and sell cigarettes. He posted a message through the network, QQ consultation on market price, and by express, logistics distribution, eventually make use of the third-party payment platform to complete the payment.
nimbus confessed himself, he hasn't been what to find a suitable job after graduation from the university. In the process of online at home, he often buy goods from the website. One day, a whim, he think the somebody else can sell things on the Internet, why I can't sell? He would have registered an account at that time. Online stores had, what make money fast selling point? He then consider a lot of things, low profits, business is bad to do, consider a circle, he decided to wholesale cigarettes from the other cities to sell on the Internet.
because of cigarette unique nature, national policy is a specializing in tobacco, tobacco products and retail business, enterprise or individual, must by the examination and approval by the competent department of permission, does not allow private business. In order to achieve this goal, nimbus 'hang sheep head sell vinegar'. He in online stores selling cardboard boxes, cigarette lighter, and not directly on the online store selling cigarettes, but put on the cigarette box logo picture, and then leave your contact way, after good to determine the amount of private chat, through the online link to put their money to a third party, and then to withdrawal.
since the year began in February, the defendant nimbus from Shanghai local and version, dandong and other more purchases in kunming, yunnan province, such as white slide wanbao, South Korea's cat, leaves, through the network to chat, speak well with customers buy cigarettes to buy tobacco varieties, quantity, price, up and down to the shop list, by Courier service, logistics distribution, such as illegal sales to hangzhou wang mou, laiwu cheng a people, the sales amount into RMB.
in accordance with the sentence:
in the courts, prosecutors say the ring is established on the Internet electronic shops, through QQ contact buyers, the goods by express, logistics and distribution, and in the third party payment platform to complete the payment.
just above, prosecutors questioned the defendant in court, and the testimony of witnesses, at the same time, the Shanghai municipal tobacco monopoly bureau certificate of zhabei, taobao transaction records, such as bank card transaction details.
think: tobacco is the material of the country specifically charged. The defendant nimbus in violation of state, illegal operations, market order, without license, purchase, transportation, materials of the country specifically charged, if the circumstances are serious, constitute the crime of illegal business.
in the end, the nimbus of people not only be sentenced to fixed-term imprisonment in accordance with the law, also be fine.

law link illegal business crime refers to. Without permission management laws and rules of specializing in trading, selling items or other items; 。 Trade import and export licenses, import and export of certificates of country of origin, and other laws and rules of business licenses or approval documents; 。 Without the approval of the relevant state departments of illegal securities, futures, insurance business, or engaged in illegal funds payment and settlement business; 。 Other serious illegal business behavior of market order.
article two hundred and twenty-five of the criminal law of the people's countries, in violation of the country, there are more than one of illegal business behavior: the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or, and concurrently or independently be sentenced to a fine of less than one time but not more than five times the illegal income; If the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not more than five years and concurrently be fined one time but not more than five times the illegal income or property.
note: in some special industries, whether it's physical stores or online virtual store, if you don't obtain business licenses or approval documents, don't illegal production and operation, otherwise will be legal.
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