According to Article 14 of the Criminal Law of the People's Republic of China, producers and sellers who adulterate their products, pass off fake products as genuine ones, pass off substandard products as qualified products, and the sales amount is more than 5, yuan but less than 2, yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 5% but not more than two times the sales amount.
whoever sells more than 2, yuan but less than 5, yuan shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 5% but not more than two times the sales amount; If the sales amount is more than 5, yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than 5% but not more than two times the sales amount.
whoever sells more than 2 million yuan shall be sentenced to 15 years' imprisonment or life imprisonment, and shall also be fined more than 5% but less than 2 times the sales amount or have his property confiscated.
Extended information:
Case: Three sisters opened seven stores to sell fake cigarettes and alcohol? Three-year sales exceeded 1 million yuan
Three sisters from Li's family in Henan came to Chengdu in 29, occupied Tongzilin area, and opened a tobacco liquor store to sell fake cigarettes and alcohol. The three sisters and their families * * * opened seven stores to sell fake and shoddy cigarettes and alcohol, and the sales amount in three years exceeded 1 million yuan.
after five months of evidence collection, the provincial public security department, together with law enforcement departments such as industry and commerce, tobacco and so on, dispatched 3 police officers into 15 groups in June, 214, and arrested the members of the Li family who sold fakes at one fell swoop.
A few days ago, the Wuhou District Court ruled in the first instance that the three sisters of Li, together with their families, filled and sold drinks with counterfeit registered trademarks, sold counterfeit and shoddy tobacco, and set up secret compartments in stores to avoid the inspection by law enforcement departments. The court sentenced Li's three sisters and others, and fined Jin over 6 million yuan according to law.
Li Junli is the fourth of the Li sisters, and also the first to engage in tobacco and alcohol sales. In 29, the first tobacco and alcohol store was opened in Tongzilin, and fake and inferior tobacco and alcohol were sold. Later, my sister Li Guoli and my sister Li Wuli were brought into the store. The three sisters opened more than two tobacco and alcohol specialty stores respectively, engaged in a large number of fake and inferior tobacco and alcohol sales.
The court of first instance found that Li Junli and Yang Zhirong were husband and wife. From 29 to 214, Li Junli and Yang Zhirong respectively operated two tobacco specialty stores in Lindong Road, Tongzi, Wuhou District, named "Famous Wine Family" and "Sheng Yuan Liquor Industry".
selling alcohol and tobacco with counterfeit registered trademarks in these two stores, and setting up hidden compartments in the stores to store counterfeit and shoddy alcohol and tobacco to avoid temporary inspection by administrative organs.
during this period, Li Junli was in charge of sales and bookkeeping in "Famous Wine Family", and Yang Zhirong was mainly responsible for obstructing law enforcement activities when administrative departments such as Wuhou District Bureau of Commerce, Tobacco Monopoly Bureau and Food and Drug Administration inspected the two stores. During 29 and 214, Yang Zhirong repeatedly obstructed law enforcement inspections by law enforcement agencies and forcibly snatched the seized drinks from law enforcement officers.
On June 3, 214, law enforcement officers seized a large number of counterfeit famous cigarettes and alcohol such as Shuijingfang, Wuliangye, Kweichow Moutai, Guojiao 1573, LU ZHOU LAO JIAO CO.,LTD, Jiaozi, Yuxi, Zhonghua and Yunyan in the shops run by Li Junli and his wife.
after identification, the value of the seized counterfeit registered trademarks was RMB 2 million, and the value of counterfeit registered trademarks and counterfeit tobacco was RMB 727,.
after trial, the court held that Li Junli and Yang Zhirong sold fake wine for about 1.78 million yuan, and the unsold goods were worth about 2 million yuan, which constituted the crime of selling goods with counterfeit registered trademarks.
The two men sold counterfeit and shoddy tobacco with a registered trademark, with an amount of about 636, yuan, but the value of unsold goods was about 727, yuan. Their behavior constituted the crime of selling counterfeit and shoddy products and the crime of selling goods with a registered trademark, and they were punished with a felony according to law.
after trial, the court sentenced Li Junli to the crime of selling fake and inferior products, the crime of selling goods with counterfeit registered trademarks, combined punishment for several crimes, and combined execution of fixed-term imprisonment of 11 years and 8 months. And fined 1.3 million yuan. Yang Zhirong and Li Junli were sentenced to the same crime, combined with several crimes, sentenced to 11 years in prison and fined 1.22 million yuan.
People's Daily Online-Three Sisters opened seven stores to sell fake cigarettes and alcohol, and the sales in three years exceeded 1 million yuan.