Recently, Chengdu Shuangliu Court 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.
Case information shows that in February 2018, Cao Mou-mou, Cui Mou-mou (both sentenced) and others, after premeditation, successively purchased P.042. 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.
It has been verified that from the end of February 2018 to the case, Wang arranged others to produce and sell 5074 tons of counterfeit new and old packaging cement of a well-known brand in the above way , with a sales amount of 1869316 yuan. In July of
the same year, the police of the public security organ seized 91 tons of P.C32.5R cement of a well-known brand and 1600 pieces of P.C32 in Cao's factory building.
The act of counterfeiting a well-known brand of cement for sale after mixing stone powder into bulk cement has constituted the crime of producing and selling fake and inferior products, and is a joint crime, which 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.
In recent years, there have been many cases of manufacturing and selling counterfeit cement all over the country, some of which involve more than 100 million yuan, and have flowed into many provinces, such as workshop projects, water conservancy projects, real estate ancillary projects, slope protection projects and so on.
Changsha public security organs cracked the "1.26" series of cases
of manufacturing and selling counterfeit brand cement on April 26, when the "4.26" World Intellectual Property Day was approaching, the Hunan Provincial Public Security Department announced several typical cases of cracking down on crimes of infringing intellectual property rights. From January
2022 to March 2023, the public security organs of Ningxiang, Changsha, cracked a series of cases of counterfeit brand cement, organized several network collection operations, arrested 25 criminal suspect, destroyed 6 production, processing and storage sites of counterfeit cement. 50 tons of counterfeit brand cement and 26000 counterfeit cement packaging bags were seized on the spot, and more than 300000 tons of counterfeit cement were sold, involving a total amount of 1. After investigation, in order to seek illegitimate interests, the criminal suspect mixed non-brand bulk cement with mineral powder in different proportions. After being packaged in counterfeit brand cement bags, the products were sold as authentic products, and the products flowed into Guizhou, Hubei, Jiangxi, Hunan and other places, involving housing construction projects, water conservancy projects, real estate ancillary projects, slope protection projects and other construction projects. On August 8,
2022, Beiguan Branch of Dongtai City, Yancheng City, Jiangsu Province, received a report from the public that a building material shopping mall in Dongtai City was selling counterfeit "Leida" trademark "Shanzhai Cement". Law enforcement officers found 238 bags of cement printed with the words "Leida" on the spot, totaling 11.
Hangzhou destroyed 18 fake sales sites
involving more than 100 million yuan. In January 2022, the West Lake Public Security Bureau of Hangzhou, Zhejiang, launched a centralized network collection operation, destroying 18 manufacturing and selling sites and 2 packaging warehouses. 880000 cement packaging materials with counterfeit registered trademarks were seized, 22 cement tanks were sealed up, and criminal compulsory measures have been taken against 63 criminal suspect. At present, it has been verified that 300000 tons of counterfeit brand cement have been sold, involving more than 100 million yuan. In January
2022, the Hunan government announced that in 2021, the Zhuzhou Municipal Market Supervision Bureau and the public security organs jointly investigated and dealt with the case of a company producing and selling counterfeit well-known brand cement, involving more than 20 million yuan. 22 people were detained. A major case of counterfeit cement was cracked, 15 tons of counterfeit brand cement and 550000 packages of counterfeit cement were seized, and 14 counterfeit dens were destroyed.
Counterfeit cement is very
harmful. Cement is known as the food of the construction industry, which is crucial to ensure the quality and safety of construction projects. Counterfeiting not only has a negative impact on "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. In addition, due to the low quality and low cost of counterfeit cement , it can often seize the market by virtue of price advantage, thus seriously disrupting the regional market situation.
According to the company, Most of the fake cement manufacturers also sell inferior cement through malicious low-price behavior, disrupting the local market order, and even directly replace P.O42 with low-standard cement.
How to distinguish between real and fake cement? Most of the fake cement will not have a production batch number, or use expired packaging.
2. Check the appearance and packaging
of cement. According to the national standard, the packaging label of cement should include the variety, grade, manufacturer and factory number of cement. If it is incomplete, it is not a qualified product. In addition, observe the binding line of the packaging bag. Normally, the sealing edge of the seal is round and closed. If it is two single paper edges, then the packaging is likely to have been opened.
3. Weigh the
cement. Cement is divided into bags and bulk. The net weight of each bag of cement is 50 kg, and shall not be less than 98% of the marked weight. Several bags can be randomly selected from the cement and weighed to see if they meet the standard.
4. Observe the color
of cement. The color of cement is dark gray, dark green or yellow or white. Such cement usually has low strength and many impurities. The normal color of cement is generally off-white, too dark or different shades of color may be adulterated cement.
5. The hand feeling
of kneading cement is to twist cement powder with fingers. If there are more coarse sand powder, coarse hard particles, or damp caking, then the cement is likely to be fake cement. If there is a little feeling of fine, sand and powder, it indicates that this is a genuine cement with normal fineness.
Of course, the most important thing is to buy cement from big brands and big manufacturers through regular channels.
浙公网安备33010802003254号