The conviction of selling counterfeit wine depends on the circumstances involved, as follows:

1. If the wine is real wine but just counterfeited someone else’s trademark, it is suspected of selling goods with counterfeit registered trademarks. ;

2. If the wine is fake and is blended with alcohol and water, and its behavior seriously endangers food safety and poses a threat to public health, it constitutes the crime of producing and selling fake and inferior products.

What is the sentencing standard for selling counterfeit wine

1. Whoever constitutes the crime of selling counterfeit and inferior products may be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and may also or solely be fined a percentage of the sales amount. A fine of not less than 50 but not more than twice the amount shall be imposed.

2. If it does not constitute a crime, the market supervision and management department will impose administrative penalties in accordance with the law.

Legal basis: Article 140 of the Criminal Law of the People's Republic of China

The crime of producing and selling counterfeit and substandard products. Producers and sellers adulterate, Whoever adulterates, passes off a false product as genuine, passes off a substandard product as a good one, or passes off a substandard product as a qualified product, with a sales amount of 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 or solely be fined with a fine of 100 yuan for the sales amount. A fine of not less than 50% but not more than twice the amount; if the sales amount is not less than 200,000 yuan but not more 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 twice 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 not less than seven years, and shall be fined not less than 50% but not more than twice the sales amount; if the sales amount is more than 2 million yuan, he shall be sentenced to 15 years' fixed-term imprisonment. Or life imprisonment, and a fine of not less than 50% but not more than twice the sales amount, or confiscation of property.