Cement, as an important basic raw material for the development of China's construction industry, its considerable profits make some people forget righteousness at the sight of profit, adulterate and sell fake products wantonly, which seriously damages the interests of the people. Recently, the Shuangliu Court of Chengdu, Sichuan, tried a crime of producing and selling fake and inferior products according to law, and sentenced the defendant Wang Moumou to nine years'imprisonment and a fine of RMB 1 million. In February
2018, Cao Mou-mou, Cui Mou-mou (both sentenced) and others, after premeditation, purchased P.042.5R bulk cement and stone powder as raw materials, and mixed the cement and stone powder in a bucket according to a fixed proportion. Then the mixed cement is filled into a counterfeit cement bag of a well-known brand for sale. Among them, Wang Mou-mou is Cao Mou-mou's fixed sales home. Wang hired a driver to lead others to fill, load, unload and deliver goods to the next home in Cao's cement plant according to the above proportion.
After investigation, from the end of February 2018 to the incident, Wang arranged others to produce and sell a total of 5074 tons of counterfeit new and old packaging of a well-known brand of cement in the above way, with a sales amount of 1,869,316 yuan. In July of
the same year, the police of the public security organs seized 91 tons of P.C32.5R cement of a well-known brand and 1600 P.C32.5R cement bags (empty bags) of a well-known brand in a factory building of Cao Mou. The cement seized on site was judged to be unqualified. After
hearing
the case, the Shuangliu Court held that Wang Mou-mou, together with others, mixed stone powder into bulk cement and sold it by counterfeiting a well-known brand of cement, which constituted the crime of producing and selling fake and inferior products, and was a joint crime, and should be investigated for criminal responsibility according to law.
Wang Mou-mou hired others to produce and transport counterfeit well-known brand cement for him, which played a major role in the joint crime and was the principal offender.
Wang Mou-mou and others committed not only the crime of producing and selling fake and inferior products, but also the crime of counterfeiting registered trademarks and selling commodities with counterfeit registered trademarks, which should be punished as a felony according to law, and convicted and sentenced for the crime of producing and selling fake and inferior products.
Accordingly, the Shuangliu Court sentenced the defendant Wang Moumou to nine years'imprisonment and a fine of RMB 1 million for the crime of producing and selling fake and inferior products. After the
sentence was pronounced, Wang Moumou refused to accept the appeal, and the Chengdu Intermediate Court ruled to reject the appeal and uphold the original judgment. The judgment has now taken legal effect.
The judge said that
trademark is the external symbol of enterprise reputation and product quality, registered trademark and famous brand trademark have great attraction for consumers, and cement is one of the most important building materials at present. The profit brought by its wide applicability and huge usage makes criminals play a small abacus of counterfeiting "well-known brand" cement. This kind of counterfeiting behavior not only has a negative impact on the "well-known brand" products, which is not conducive to the development of the industry, but also affects the quality of construction and causes potential safety hazards. The cement involved in
this case is identified as substandard products according to law, so the acts of the defendant Wang Mou-mou and others constitute not only the crime of producing and selling fake and inferior products, but also the crime of selling counterfeit registered trademarks, which should be convicted and punished according to the crime of producing and selling fake and inferior products. The court will give full play to its judicial function and severely punish such criminal acts that infringe intellectual property rights and disrupt the order of the market economy.
Warm Reminder: Consumers should keep their eyes open when purchasing cement and other related products. Please go to regular stores, official websites and brand stores to purchase. They must not be greedy for cheap. In addition to recognizing registered trademarks, they should also recognize the production license number and manufacturer of cement and other related products. Beware of buying counterfeit products. If you encounter fake goods, you must leave good evidence and report to the relevant departments at the first time.
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