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:
1. 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 shall also or only be fined not less than 50% but not more than two times the sales amount.
2. If it does not constitute a crime, the market supervision and management department shall give administrative punishment according to law.
To sum up, selling fake wine may involve two kinds of crimes, the first is the crime of counterfeiting registered trademarks, and the second is the crime of selling fake and inferior commodities. Those involved in the crime of counterfeiting registered trademarks shall be sentenced to fixed-term imprisonment of not more than three years. If it is a crime of selling fake and inferior commodities, it will be sentenced to three to seven years in prison.
Legal basis:
Criminal law of the people's Republic of China
Article 140
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, with a sales amount of not less than 50,000 yuan but not more 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.