More than 30000 medical company bosses were sentenced to 7 years in prison for selling fake and shoddy masks

After the outbreak of COVID-19, the "hard to find" is impressive. From January to February 2020, as the legal representative of Beijing Jingmenghuikang Pharmaceutical Co., Ltd. and Beijing Tainingkang Pharmaceutical Co., Ltd., knowing that the purchased masks had irregular purchase channels, missing shipping documents and other formalities, he still sold them in several physical pharmacies in Daxing, Miyun and Shunyi, and sold more than 30000 fake and inferior masks in total, The sales amount is more than 500000 yuan.

On April 7, the Beijing Court Trial Information Network announced the verdict of the case. The defendant, XX, was sentenced to seven years' imprisonment for the crime of selling fake and inferior products.

According to the verdict, the female XX is 50 years old this year. The Daxing Court found in the first instance that the defendant, XX, knowingly purchased masks marked with "3M9001", "3M9001V" and "Piaoan disposable" in the period from January to February 2020, with irregular purchase channels, missing shipping documents and other formalities, borrowed the name of other pharmacies to enter into the pharmacy sales system Several physical pharmacies in Shunyi sold more than 30000 masks, with a total sales amount of more than 500000 yuan. With the return request of some customers, more than 2000 sold masks were recalled.

After identification, the masks mentioned above are all counterfeit registered trademarks and do not meet the product quality requirements, so they are fake and inferior products. After the case, the defendant's family member returned 501135 yuan.

The first trial of Daxing Court found that the defendant XX was guilty of selling fake and inferior products, sentenced him to 7 years' imprisonment and a fine of 550000 yuan. The amount refunded by the defendant shall be incorporated into the execution item according to law.

After the sentence was pronounced in the first instance, Ji filed an appeal on the ground that the sentence was too heavy, and put forward the reasons that when he bought the mask, he thought that the quality was no problem, that he had no intention to commit a crime, that he took the initiative to return compensation, and that he took the initiative to come to the case to explain the situation. The defender of Ji also believed that the court of first instance did not have any evidence to prove that Ji was "knowingly" a fake and inferior product, and that Ji did not have a subjective intention to commit a crime.

The court of second instance held that the appellant, XX, as the legal representative and business principal of the two pharmaceutical companies mentioned above, bought fake registered trademarks and unqualified masks in person and arranged for the employees of the two companies mentioned above to sell them, with a sales amount of more than 500000 yuan. His behavior constituted the crime of selling fake and inferior products and the crime of selling counterfeit registered trademarks, According to the law, the person in charge who is directly responsible for the crime of selling fake and substandard products should be convicted of a felony and punished.

According to the provisions of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on Punishing the Illegal Crime of Obstructing the Prevention and Control of the COVID-19 Epidemic Situation in accordance with the law, the sale of counterfeit and shoddy epidemic prevention materials during the prevention and control of COVID-19 should be severely punished.

With regard to the reason and opinion of Ji and his defender that "Ji does not have the subjective intention to commit a crime", the court of second instance held that the testimony of the witness in the case, the screenshots of WeChat chat records and other evidence proved that Ji's contact with the purchase of the masks involved in the case was irregular, and the lack of formalities such as the delivery order showed that he clearly knew that the masks involved in the case were fake and inferior products, Have criminal intent to sell fake and inferior products.

In the end, the court ruled in the final instance to reject the appeal and uphold the original judgment.