Why is it a criminal offence for online shop owners to buy beauty contact lenses in their circle of friends?

Recently: cosmetic contact lenses, a circle of friends of online shop owners, were charged with criminal offences.

It is reported that the owner of an online shop in Nanchang, Jiangxi Province was charged with illegal business operation after purchase.

Is there a restricted area for purchasing?

Daigou made a profit of 1 10,000 yuan and was accused of illegal operation.

According to the news released by the People's Procuratorate of Xihu District, Nanchang City, the online shop owner Sheng Moumou sold contact lenses and beauty glasses in a circle of friends without the approval of the drug supervision department, and was prosecuted by the procuratorate for illegal business operations.

According to reports, from July 20 15 to July 20 16, the defendant Sheng Moumou bought contact lenses and Cosmetic Contact Lenses in the "overseas purchasing supermarket" of Taobao shop without obtaining the "Class III medical device business license".

Then, the product information was released to the circle of friends through social software such as WeChat and Weibo, leaving the store information of Taobao and WeChat for external sales, which resulted in illegal profit of 1 10,000 yuan.

It is said that cosmetic contact lenses are medical device products, which are in direct contact with the cornea and have great risks. It must be approved by relevant departments before it can be sold.

The prosecutor reminded that to do the "WeChat business" in the circle of friends, we must learn more legal knowledge through legal channels and not do anything that violates laws and regulations.

Overseas purchasing stepped into a legal minefield, and the charges involved a number of items.

In fact, there have been many similar incidents of being accused of illegal business because of purchasing:

situation

Yang, the boss of an overseas purchasing company in Zhejiang, was sentenced to one year and six months' imprisonment, suspended for two years and fined 550,000 yuan by the Ningbo Intermediate People's Court for smuggling ordinary goods.

"In September, 2065438+2004, the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Smuggling was issued, in which Article 16 stipulates that smuggling ordinary goods and articles with an amount of more than 654.38 million yuan but less than 500,000 yuan shall be deemed as' tax evasion is relatively large' as stipulated in the first paragraph of Article 153 of the Criminal Law."

"The Nanchang purchasing case was charged with the crime of illegal business operation, and Sheng's criminal facts are in line with this crime." Lawyer Luo Jiubao told reporters.

In recent years, the phenomenon of purchasing has blossomed everywhere, and there will be more and more "guilty". By analyzing the types of cases, it can be found that the crimes that the sellers of "overseas purchasing" may involve include the crime of smuggling ordinary goods, the crime of illegal business operation and the crime of selling counterfeit drugs.

Overseas purchasing covers a wide range of contents, from cosmetics to medicines.

Nowadays, citizens are already familiar with overseas purchasing. In the purchase content, in addition to milk powder and cosmetics, there are even medicines.

"In principle, the buyer is for personal use and generally does not involve criminal offences." Xiao Wenjun, a law firm of Jiangxi Legal News, told reporters that the sudden appearance of "incrimination" in purchasing is bound to make people stunned, which shows that purchasing is a legal blind spot for the public.

If online buyers deliberately evade customs inspection, or pass customs inspection in the name of their own use, but are actually used for sales, strictly speaking, they are all acts of evading customs duties and are suspected of smuggling.