For profit of obtain high specified number, one crime gang sells smuggling cigarette illegally, manage amount illegally to amount to 4 million multivariate, disturbed badly market economy order. However, day net extensive, scanty and do not leak, member of this crime gang falls into the arm of the law eventually.
Recently,
Careful of the court that carry a state writtens guarantee this case,
The 9 people such as Chen Mou make manage a blame illegally to be sentenced penal.
Is this after all how one and the same?
What place does smuggling cigarette sell?
What cigarette variety to involve?
Zhao Fajun takes everybody to understand immediately!
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Reviewing of details of a case
Chen Mou is in Guangzhou market of Ou Mou of town of white cloud Ou Mou, sea bead runs 2 stores, for profit of obtain high specified number, rise from 2016 to Cao Mou (other case is handled) purchase smuggling cigarette, and employ 5 employee assistance runs a sale.
Employee Xie Mou, Chen Mou, Huang Mou is in charge of be in shop charge to an account of the retail, invoice that print, gathering, store smuggling tobacco inside bar at ordinary times, should the guest needs to just can be taken sell. Additional, employee Zhong Mou is in charge of be being received from the other place smuggling cigarette and carry deposit. Divide daily and retail outside, archives of the commercial firm that Chen Mou arranges Zhong Mou, Liao Mou to drive to distribute goods to send Guangzhou and other place, smoke, person much store, medicinal powder on guest hand, the client can turn through cash, bank Zhang, small letter turns the means such as Zhang pays payment for goods.
In March 2017, public security mechanism is in Guangzhou seize Chen Mou inside some building, and in its two shops and Guangzhou Huang Bu area fall in the goods storehouse of the road closes down sequestered cigarette of a batch of smuggling.
Via checking, manage amount illegally to amount to up to the person such as the Chen Mou when case hair 3.57 million multivariate, smuggling cigarette breed has road of happy event of southern Asia, love, double happiness, 10 thousand treasure, Gong Mei, Gong Dashan to wait, stock measure amounts to three hundred and fifty-one thousand one hundred and twenty, among them false smoke 4000, proposal value is total 210 thousand multivariate.
In addition, guangzhou sea bead area Zhang Mou of boss of some food trading company is Chen Mou among them a client, its purchase smuggling cigarette to Chen Mou for many times, at the same time employ piece of such-and-such, Li Mou is responsible receive deliver goods, smuggling cigarette sells the client of Zhao Qing, clear far and other places.
(network picture, have nothing to do with the article)
Of the same age in March, public security mechanism is in Guangzhou some building seizes Zhang Mou, be in its shop and Guangzhou hillock of prosperous of sea bead area spot of Lu Mou storehouse closes down on the west sequestered cigarette of a batch of smuggling.
Via checking, manage amount illegally to amount to up to the person such as the Zhang Mou when case hair 530 thousand multivariate, smuggling cigarette breed has road of god of king of Yu Xi, lotus, 5 leaves, 10 thousand treasure to wait, stock measure seventy-eight thousand five hundred and twenty, among them false smoke 6580, proposal value 40 thousand multivariate.
The court that carry a state thinks via cognizance
◆ Chen Mou, Zhong Mou, Liao Mou, Xie Mou, old such-and-such, Huang Mou, Zhang Mou, piece such-and-such, Li Mou disobeys the country is nicotian monopolistic managing legal provision, be in charge of sectional license without nicotian and monopolistic administration, manage nicotian exclusive lines illegally, disturbed market order, its behavior already all was formed manage a hardship illegally.
◆ is in collective crime, 2 people remove Chen Mou and Zhang Mou main effect, it is prime culprit; Zhong Mou, Liao Mou, Xie Mou, old such-and-such, Huang Mou, piece 7 people suffer such-and-such, Li Mou employ in participating in its, have less important effect, it is accessary criminal, can reduce punishment to its lawfully, sentence Chen Mou set term of imprisonment 7 years then 6 months, punish gold 300 thousand yuan; Zhang Mou set term of imprisonment 5 years 6 months, punish gold 60 thousand yuan;
◆ the others person of each the accused set term of imprisonment a year 6 months, probation comes 2 years set term of imprisonment 3 years, probation differs 3 years, punish gold 10 thousand yuan differ to 25 thousand yuan.
To this,
Is our country law how set?
Law link
● " criminal law of People's Republic of China " violate national regulation the 225th times, have one of following and unlawful management action, disturbed market order, the clue is serious, be in 5 years of the following set term of imprisonments or arrest battle, be in or only place violates earning one times above is fivefold and the following fine; 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:
(one) manage what law, administrative regulations sets to specialize in without the license, monopolistic goods is other perhaps of the article that restricts business;
(2) the business certificate that proof of country of origin of licence of business imports and exports, imports and exports and other law, administrative regulations sets perhaps approves a document;
(3) manage negotiable securities, futures, insurance Wu illegally about director department approval without the country, be engaged in capital illegally perhaps paying settle accounts professional work;
(4) manage action illegally of order of other and serious disturbed market.
● " procuratorate of top people court, top people deals with nicotian exclusive lines of illegal production, sale to wait for criminal case about < specific application law the explanation of a certain number of problems > " the 3rd manage nicotian exclusive lines illegally, have one of following state, ought to maintain it is what criminal law sets the 225th times " the clue is serious " :
(one) manage amount illegally to be in of 50 thousand yuan of above, perhaps violate income amount to be in of 20 thousand yuan of above;
(2) manage cigarette illegally to be in of 200 thousand above;
(3) Ceng Yin manages tobacco illegally exclusive lines has sufferred above administration 2 times to punish inside 3 years, manage nicotian exclusive lines illegally again and amount is in of 30 thousand yuan of above.
→ has one of following state, ought to maintain it is what criminal law sets the 225th times " the clue is particularly serious " :
(one) manage amount illegally to be in of 250 thousand yuan of above, perhaps violate income amount to be in of 100 thousand yuan of above;
(2) manage cigarette illegally to be in of 1 million above.
Data｜Court of people of the division that carry a state (Zhang Zijun)
Editor｜Just Zhao Qingwei believes editor group
