Know perfectly well did not obtain nicotian and monopolistic license, clever hill county purchases the nicotian product such as cut tobacco, cigarette illegally to Chen Mou of husband and wife, Wu Mou, next wholesale, retail gain profit to other. Saying path: Go by the side of Chang Zaihe, yan can be not wet shoe. Very fast, husband and wife of two " the business " the attention that caused relevant section.
Reviewing of details of a case
Via checking, chen Mou of the accused person, Wu Mou is in 2016 when begin to be made the same score from city of Nanning city Bin Yang county, expensive harbor south the county purchases cut tobacco, cigarette illegally to wait for nicotian goods, next wholesale, retail gain profit to other. Among them Chen Mou is in charge of illegal and nicotian goods purchase, wu Mou is responsible and wholesale, retail. On January 20, 2018, on Feburary 5, monopolistic bureau is in tobacco of clever hill county illegal cut tobacco is hunted down in residence of pair of Chen Mou, Wu Mou and the storehouse that deposit cut tobacco parting below assistance of mechanism of public security of clever hill county 840 kilograms, bulk cigarette 230 kilograms.
Via tobacco of clever hill county monopolistic bureau has nuclear price, RMB of cut tobacco value 52290 yuan, bulk cigarette value 9200 yuan. Two the accused manage nicotian goods covalence illegally to be worth 61490 yuan. Via tobacco of Guangxi Zhuang Autonomous Region station of product quality supervision and inspection examines, the bulk cigarette that hunt down is false and inferior smoke.
Recently, via to sue of procuratorate of people of clever hill county, court of clever hill county enters a judgement: Chen Mou of the accused person, Wu Mou is seek profit, disobey national tobacco monopolistic regulation, below the condition that did not obtain license of branch of nicotian and monopolistic director, manage nicotian product illegally, amount amounts to 61490 yuan, chen Mou makes manage a hardship illegally, sentence a set term of imprisonment 7 months, punish gold 5000 yuan, wu Mou makes manage a hardship illegally, sentence a set term of imprisonment 6 months, punish gold 4000 yuan.
With case commentate law
Case Interpretation
Manage a hardship illegally: " criminal law " the 225th regulation, violate national regulation, specialize in without permitting what management law, administrative regulations sets, the article of monopolistic article or other limitation buying and selling, disturbed market order, the clue is serious, be in 5 years of the following set term of imprisonments or arrest battle, be in only perhaps place to violate earning one times above is fivefold and the following fine; The clue is particularly serious, be in set term of imprisonment of 5 years of above, manage illegal gain fivefold and the following fine perhaps confiscates one times above belongings.
The hope is broad cigarette operator, would rather earn a few minutes less, also do not want a sword to go slant sharp edge, opportunistic, think unless,VIP does not know personal Mo Wei, do not want a heart to put fluky psychology, once discover, depend on lawfully certainly compasses, gravity is investigated!
As consumer, buy cigarette to also want the normal businessman that has lawful aptitude to buy daily, metropolis general contains the businessman retail licence and superintendent reach cigarette the fair suspension showing a shop sign that informs against a phone is remarkable inside inn the position, consumer people must admit accurate.
