According to a report from the Beijing News, Li, who sold e-cigarettes without permission, has been convicted by the court for illegal business operations, with a total amount involved of over 590,000 yuan. This case is the first in Beijing to prosecute a seller of aerosol e-cigarettes for illegal business operations since the implementation of e-cigarette management regulations.
The court found that from October 2022 to February 10, 2023, Li sold brand e-cigarettes to Wu and others through WeChat and courier services without obtaining a tobacco retail license, resulting in profits of over 24,000 yuan. On February 10, 2023, the police found over 15,000 e-cigarettes provided by Li in Wu's warehouse. A total of 2,700 e-cigarettes from the warehouse were seized and detained, with a total estimated value of over 560,000 yuan.
The court found that Li committed a serious crime of illegal operation in violation of the national tobacco monopoly management regulations and should therefore be punished according to the law. However, because Li exposed the criminal activities of others, provided evidence that proved to be true, thereby demonstrating a state of meritorious service, and showed a good attitude by admitting guilt and voluntarily repaying a significant amount of the stolen funds, the court decided to give him a lenient sentence.
Considering the facts, nature of the crime, and the degree of harm caused to society by the actions of Mr. Li, the court, in accordance with the provisions of the Criminal Law, sentenced Mr. Li to three years and six months in prison for the crime of illegal business operations, and imposed a fine of 40,000 RMB. The e-cigarettes involved in the case should be lawfully destroyed by the confiscating authority.
After the first trial verdict was announced, Li stated that they would not appeal, but the judgment has not yet taken effect.
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