1. The crime of counterfeiting brands is suspected of producing and selling fake and inferior products, and will be convicted and sentenced according to the specific amount of counterfeiting and selling fakes. Whoever sells more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount.

2. Legal basis: Article 140 of the Criminal Law of People's Republic of China (PRC)

Producers and sellers of the crime of producing and selling fake and inferior products who adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products, and the sales amount is more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he 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 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.

2. What are the constitutive elements of the crime of producing and selling fake and inferior products?

1, the subject of crime is individuals and units, which are producers and sellers of products. The producer is the manufacturer of products, and the seller is the bulk or scattered distributor of products;

2. Subjectively, it is intentional and generally has the purpose of illegal profit. The actor's intention is to deliberately manufacture fake and inferior products in the production field. There are two situations in the sales field:

(1) deliberately doped and adulterated products;

(two) the sale of counterfeit and shoddy products;

3. The object of infringement is the national management system for the quality of ordinary products. Including the national product quality, industrial and commercial administration system and the legitimate rights and interests of consumers;

Objectively speaking, producers and sellers produce and sell fake and inferior products in violation of national laws and regulations on product quality management.