In the market, some famous wines are widely sought after, even "one bottle is hard to find". Among them, "business opportunities" are targeted by some criminals, and they take risks to produce and sell counterfeit famous wines. Recently, Huainan Datong District Procuratorate handled a criminal case involving the sale of "fake Moutai".
Huainan citizen Wang is in urgent need of wine for some reason. After introduction, he got to know Ding and Zhang and bought 25 bottles of "Moutai" from them. Ding promised that if it is fake wine, it can be compensated. After buying the wine, Wang contacted a wine expert in Beijing for identification. It was found that the bottles of this batch of "Maotai liquor" had pinholes and the hops were wrong. Wang then found Ding and Zhang and asked them to refund the full amount. In the meantime, he found that Ding and Zhang still had many unsold fake wines, so he immediately called the police.
Where did Ding and Zhang's fake wine come from? The procuratorial organ found that Ding's fake wine was purchased from Zhang; Zhang bought fake wine when he bought old wine, and then sold it to Ding and others. During the period of review and prosecution, the prosecutor handling the case first confirms the facts of the case, and clarifies the criminal acts and the criminal offences; The second is to fix the key evidence of the case, clear up the upstream and downstream relationship and sales amount of counterfeit liquor sales, and identify the counterfeit liquor that was not produced by Guizhou Maotai Liquor Co., Ltd. Finally, we connected the evidence and criminal facts, urged Mr. Ding and Mr. Zhang to return the stolen goods and compensate, severely cracked down on such criminal acts of selling fake alcohol, and ensured the legal environment for market sales.
In this case, the act of selling fake goods as substandard goods will not only cause damage to the public's health, but also destroy the market order and consumption environment of trademark management and honest operation, and damage the social and public interests. The behaviors of Ding, Zhang and others violated the interests of the regular Maotai liquor production enterprises at the same time. The Procuratorate of Datong District brought a public prosecution to the court of Datong District according to law for the defendants Ding and Zhang were suspected of selling commodities with counterfeit registered trademarks. Zhang and Ding both voluntarily pleaded guilty and confessed to punishment, truthfully stated the facts of their crimes and voluntarily returned the stolen goods. After trial, the court found that Zhang was guilty of selling commodities with counterfeit registered trademarks according to law, and sentenced him to three years' imprisonment, four years' probation, and a fine of 100000 yuan; Ding (with criminal record) was found guilty of selling commodities with counterfeit registered trademarks, and was sentenced to three years and nine months of imprisonment, and a fine of 50000 yuan.