Producing counterfeit wine with a total amount of RMB 55,000 is suspected of constituting the crime of selling counterfeit and inferior products. If the sales amount is more than RMB 50,000 but less than RMB 200,000, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall be sentenced to both or both. A fine of not less than 50% but not more than twice the amount of the sales amount shall be imposed. The specific sentencing shall be determined by the court in accordance with the law. The law stipulates that counterfeiting of wine will result in a prison sentence of less than three years or more than three years. The specific judgment should be based on the actual situation and the severity of the circumstances, because according to the relevant laws of our country, if there is counterfeiting If the quality of wine does not meet the standards stipulated by the court, it will constitute the crime of producing counterfeit and shoddy goods.

1. If counterfeit wine imitates someone else’s registered trademark, it may constitute the crime of counterfeiting a registered trademark. The crime of counterfeiting registered trademarks refers to the serious act of violating national trademark management regulations and using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark. For the crime of counterfeiting a registered trademark, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or shall be fined:

2. If the wine is counterfeit and the wine does not meet the quality, it may constitute the crime of producing counterfeit and shoddy products.

On the issue of punishment for counterfeit wine crimes, it should be noted that the severity of the punishment depends on whether the parties have committed a crime, and mitigating punishments should be considered such as criminal motivation, subjective malignancy, social harm, recidivism, surrender, meritorious service, etc. The circumstances, as well as the parties’ guilty plea attitude, etc.

What is the definition of counterfeit and shoddy products?

1. Counterfeit and shoddy products refer to those products that contain one or more unreal factors that can lead to misunderstanding by the general public.

2. Counterfeit and inferior goods can be divided into two types: counterfeit goods and inferior goods. Counterfeit goods are fake and shoddy material products, excluding spiritual products. Its characteristics are: it has unrealistic factors and social harm.

Legal Basis

Article 140 of the "Criminal Law"

Producers and sellers adulterate or adulterate products and pass off fake products as genuine products. Anyone who 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 twice as much as 50% of the sales amount. A fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed, and a fine of not less than 50% but not more than two times of the sales amount shall be imposed; if the sales amount is not 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; If the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than twice the sales amount; A fine of not less than 50% but not more than twice the amount or confiscation of property may be imposed.