2019年电子烟判刑案例

如今,电子烟已经成为许多吸烟者的“新宠”。手掌大小的IQOS电子烟设备,加上进口烟雾弹,不用打火机点燃香烟就能“喷云吐雾”。在许多吸烟者看来,销售和使用电子烟已经成为一种“新时尚”和“新趋势”。许多人冒险获取巨额利润。今天给大家带来2019年电子烟判刑案例。
 
2019年电子烟判刑案例一、无证网络售卖电子烟 90后男子被判刑一年
 
 
90后男子刘某在未取得烟草经营资格的情况下,通过网络售卖iqos电子烟,销售金额达14万元。
 
昌平法院经审理后认为:被告人刘某未经许可经营法律、行政法规规定的专营、专卖物品,扰乱市场秩序,情节严重,其行为已构成非法经营罪,依法应予惩处。鉴于被告人刘某能够积极上交违法所得,酌情从轻处罚。最终,法院判决被告人刘某犯非法经营罪,判处有期徒刑一年,缓刑一年,并处罚金人民币1万元,另外在案扣押手机一部、违法所得人民币4000元予以没收。
 
2019年电子烟判刑案例二、北京首例非法经营电子烟案  获刑6个月
 
 
丰台法院审理了北京首例非法经营电子烟案,审理这起案件的法官是丰台法院副院长刘彤燕,公诉人是丰台检察院检察长叶文胜,而这起案件中不仅有电子烟这种新兴事物,而且受审的被告人是一名微商,这无疑是一个很容易产生争议的案件。
 
被告人王某,今年32岁,是一名微商,平时就在朋友圈内卖一些代购的物品。2018年1月份,他发现很多朋友在抽电子烟,觉得找到了一个巨大商机,王某开始四处托关系找门路,最终以320元的价格开始从国外购买烟弹并在朋友圈中售卖。
 
有了进货渠道,王某通过微商、朋友圈等多种途径进行推广销售,每条烟弹的价格以350元的价格售卖,每条赚取30元的差价。2018年9月份,东窗事发,王某被警方抓获,涉案金额达8万余元。
 
电子烟虽然不同于普通香烟,但也属于法律、行政法规规定的独家、专属物品或其他禁止销售的物品。未取得烟草专卖零售许可证,擅自经营销售电子烟不仅违反国家烟草专卖法,而且触犯法律,给自己带来牢狱之灾。

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