A woman in Guangxi was fined 6.5438+0.8 million for selling cigarettes wholesale to the Tobacco Bureau. What was the court's decision after she refused to accept the prosecution?

A woman in Guangxi was fined 6.5438+800,000 yuan for wholesaling cigarettes to the Tobacco Bureau. Ms. Qin runs a tobacco hotel and has been wholesaling cigarettes from the Tobacco Bureau. Suddenly, the Tobacco Bureau cooperated with the market supervision and management and the public security to find out that Ms. Qin was operating without a license. The Market Supervision Administration decided to confiscate Ms. Qin's illegal income of 60,057.5 yuan and impose a fine of 1272 13.5 yuan, that is, * * * 18727 1 yuan. Ms. Qin refused to accept it and filed a lawsuit in court, requesting to cancel the punishment of the Market Supervision Administration.

The thing is, Ms. Qin's children have gone to college. Ms Qin is unemployed at home. In order to increase her family's income, she asked her husband Fu to transfer a tobacco and liquor store from Liu to run it. Since then, Ms. Qin has wholesaled cigarettes from the local tobacco bureau in the name of Liu. In two years, she wholesaled 4 197 tobacco products, of which 3,496 were sold and 702 were unsold, with a total value of 424,045 yuan.

During the period, the staff of the Tobacco Bureau repeatedly told Ms. Qin to apply for a tobacco monopoly retail license, but Ms. Qin did not apply. The market supervision administration believes that Ms. Qin wholesales cigarettes from the Tobacco Bureau in the name of others without applying to the tobacco monopoly administration department for approval and registration according to law, which is unlicensed. According to the above-mentioned laws and regulations, combined with the comprehensive situation of this case, the Market Supervision Administration, in addition to confiscating the illegal income, imposed a fine of 30% on Ms. Qin.

Ms. Qin refused to accept the decision and filed a lawsuit with the court for the following reasons:

First, when she and Liu transferred the tobacco outlets, they included the tobacco business license, otherwise the transfer fee could not be so high, so she had the right to use Liu's tobacco monopoly retail license, which was not unlicensed;

Second, the Tobacco Bureau installed tobacco purchase software on its computers and mobile phones, and sold tobacco products to them knowing that they did not apply for a tobacco monopoly retail license, which constituted an administrative license;

Third, if it is unlicensed, the Tobacco Bureau should stop it in time. Why do you have to wait until you have been in business for two years before being punished, which violates the principle of good faith;

Fourth, when she made a profit of more than 60,000 yuan, she was fined10.2 million yuan. For two years, she not only worked in vain, but also returned the money. The punishment is too heavy.

However, the courts of first and second instance held that:

First, China implements monopoly management on tobacco business, and the tobacco monopoly retail license is an administrative license and cannot be transferred. Therefore, although Liu transferred the tobacco hotel to Ms. Qin, it did not mean that the tobacco license was also transferred. If Qin still wants to run tobacco, he should do it himself, but he can't use Liu's license.

Second, the administrative license must be approved by legal procedures, not by facts. Therefore, even if the Tobacco Bureau wholesales cigarettes to Ms. Qin, it does not mean that the Tobacco Bureau has issued a license to Ms. Qin.

Third, in this case, although the Tobacco Bureau illegally distributed cigarettes to Qin, the staff of the Tobacco Bureau repeatedly told Qin to apply for a license, but Ms. Qin has never applied for it, so Qin himself has a major fault.

Fourth, the illegal wholesale of cigarettes by the Tobacco Bureau and Ms. Qin's unlicensed operation are two different things. For the losses caused by the illegal acts of the Tobacco Bureau, Ms. Qin can file a separate lawsuit, but it has nothing to do with the punishment imposed on Ms. Qin by the Market Supervision Administration.

To sum up, the court of first and second instance found that the facts of Ms. Qin's unlicensed operation were clear, the evidence was conclusive, and the market supervision and management punishment was not improper, so she decided to reject Ms. Qin's claim according to law. In fact, as netizens commented, Ms. Qin herself knew that she had to apply for a tobacco business license, but it was estimated that she had encountered difficulties in handling it, so she did not apply. It's really embarrassing to pay such a big price! Therefore, tobacco management cannot allow luck and carelessness. Must be licensed to operate according to law, otherwise the consequences will be very serious! Dear readers, what do you think of this?