1. If the wine is genuine and only imitates other people's trademarks, it is suspected of selling goods with counterfeit registered trademarks;
2, if the wine is fake, it 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.
The sentencing standard for selling fake wine is: whoever constitutes the crime of selling fake and inferior products shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and may also be fined not less than 50% but not more than two times the sales amount. If it does not constitute a crime, the market supervision and management department shall give administrative punishment according to law.
If selling fake wine constitutes a crime, criminal responsibility can be investigated according to the crime of producing and selling fake and inferior products, which is a deliberate crime. If you don't know that it is selling fake wine, it doesn't constitute a criminal offence, so the parties have to prove that they don't know, so they can be exempted from criminal punishment.
legal ground
Criminal law of the people's Republic of China
Article 140 Whoever produces or sells fake and inferior products, adulterates them, passes off fake products as genuine ones, passes off substandard products 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, or shall only, be fined more than 500% but less than 200,000 yuan. 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. Article 214 Crime of Selling Goods with Counterfeit Registered Trademarks Whoever knowingly sells goods with counterfeit registered trademarks, if the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.