Chinanews.com, April 2. According to news from the Supreme Law website, on April 2, the Supreme People's Court issued a second batch of eight typical cases of punishing crimes for preventing and controlling the epidemic. The cases released this time focus on criminal cases involving epidemic prevention materials during the epidemic, including crimes such as illegal business operations, sales of fake and shoddy products, sales of counterfeit registered trademarks, scams, and fraud.
Since the occurrence of the new crown pneumonia epidemic, protective equipment is indispensable for both prevention and control of the epidemic and the orderly resumption of work and production. Protective supplies such as masks and melt-blown cloth, the core material of masks, have become a scarce supply of epidemic prevention materials for some time, and some criminals have tried their best to do so. Some take advantage of the hoarding and drive up prices; some manufacture and sell fake and shoddy products and make huge profits; some falsify sales of masks, meltblown cloths to defraud property, and even deceive medical workers who help the frontline of Hubei's epidemic prevention; some impersonate health care workers to Mask production enterprises are deceiving and deceiving, interfering with and affecting the normal production activities of enterprises in urgently needed supplies to prevent and control the epidemic situation. These criminal acts not only disrupted the epidemic prevention order, medical order, and market order during the epidemic prevention and control period, but also disrupted and affected the orderly progress of resuming work and production in various places. Based on the overall situation of epidemic prevention and control, the people's courts have given full play to their criminal trial functions and severely punished these criminals in accordance with the law in order to make a difference.
People's court punishes typical cases of preventing and controlling crimes according to law (second batch)
Case 1: Illegal business case of Shanghai Industrial and Trading Co., Ltd. and Xie Moumou
-Raising mask prices for huge profits during the epidemic
Brief merits
The defendant Xie Moumou is the legal representative and actual operator of a defendant Shanghai Industrial and Trade Co., Ltd. At the beginning of January 2020, the company purchased a batch of disposable nonwoven masks (specification: 50 pcs / box) at a price of 5.125 yuan per box, and sold it at the company's online store for 7 yuan per box. From January 23 to 29, Xie Moumou increased the sales price of the above masks to 21 yuan per box to 198 yuan per box, and sold more than 1,900 boxes, with a sales amount of more than 170,000 yuan, and illegal gains of 16 More than ten thousand yuan.
Referee result
The Songjiang District People's Court of Shanghai found that the defendant Shanghai Industrial and Trade Co., Ltd. and the defendant Xie Moumou violated the relevant national market management and price management regulations during the prevention and control of the new crown pneumonia epidemic, driving up the price of masks and making huge profits, Disturbing the market order, the circumstances are serious, and their actions constitute the crime of illegal business, which should be severely punished according to law. The defendant unit and Xie Moumou had confessions and all refunded the victims' economic losses. Accordingly, on March 23, 2020, the defendant Shanghai Pudong Industrial and Trade Co., Ltd. was sentenced to a fine of RMB 200,000; the defendant Xie Moumou was sentenced to eight months in prison and a fine of RMB 180,000. yuan.
Referee summary
During the epidemic prevention and control period, violations of relevant state market operations, price management, and other hoarding behaviors, driving up the price of masks and other protective supplies that are urgently needed for epidemic prevention and control have obvious social harm, not only seriously disrupting market order, but also creating or exacerbating Panic demand disrupts social order and severely affects epidemic prevention and control and resumption of production. If such acts are serious, they shall be convicted and punished for the crime of illegal operation. It should be noted that although it exceeds the relevant price management regulations, the scope is small, the illegal gains are not large, and it has no significant impact on the prevention and control of the epidemic. It should not be included in the scope of criminal punishment. Administrative punishment can be imposed by relevant departments. Specifically in this case, during the epidemic prevention and control period, the defendant unit and the defendant used the tight "business opportunities" of masks to set prices on the ground with a maximum price increase of 28 times. The amount of illegal income was large and seriously disrupted market order. They should be convicted and punished for illegal business operations. .
Case 2: Liu Moumou and Wang Mou selling fake and shoddy products
——Selling fake and inferior masks with fake registered trademarks
Brief merits
The defendant Liu was a salesperson of a Henan Pharmaceutical Co., Ltd. and the defendant Wang was the general manager of a Henan Real Estate Brokerage Co., Ltd. On January 20, 2020, due to the needs of the new crown pneumonia epidemic prevention and control work, a district people's government in Suqian City, Jiangsu Province (hereinafter referred to as the district government) purchased disposable medical masks from a shareholder of a pharmaceutical chain company in Suqian. On January 24, Mr. Nian contacted Mr. Liu to find supply. Liu Moumou learned from Wang that a small family workshop in Huaxian County, Henan Province (the suspect was dealt with in another case and is still under investigation) produced counterfeit "Piao An" brand disposable medical masks. The two discussed that Wang Mou was responsible for providing the supply The profits from the sales of masks are divided between the two parties. On January 25th, Liu Moumou bought 300,000 counterfeit "Piao An" masks in boxes of 300,000, and 216,000 counterfeit "Hua Kang" brand masks in boxes of 216,000, a total of 54 boxes of 516,000, one-time use Medical masks were sold to Nianxiu for 249,000 yuan. In XX, he transported 30 boxes of the above-mentioned "Piao An" disposable medical masks to a logistics park warehouse designated by the district government. On January 26, the staff of the district government found that the production date of the mask certificate was February 6, 2020 and the quality of the mask was poor, so it was sealed. On the same day, Yuan, the legal representative of a chain pharmaceutical company, sold the above-mentioned 24 boxes of "Hua Kang" brand disposable medical masks to the people's government of a town in Suqian and the management committee of an industrial park in Suqian. Later, Yuan learned that there was a problem with the quality of the above-mentioned "Piao'an" masks, and then contacted the relevant unit to recover the unused masks and refunded the full amount of masks collected. On February 1, Mr. Nian reported to the public security organ. It was identified that the "Piao An" and "Hua Kang" masks involved in the case were counterfeit registered trademarks; the bacterial filtration efficiency of the "Piao An" masks involved in the case was 40.1% to 44.15%. The bacterial filtration efficiency is 50.3% to 53.3%, which does not meet the bacterial filtration efficiency requirements (≥95%) of the disposable medical masks marked by the product, and the strength of the two types of masks does not meet the quality standards. Qualified products.
Referee result
The People's Court of Suyu District, Suqian City, Jiangsu Province heard that the defendants Liu Moumou and Wang Mou sold fake and inferior masks with counterfeit registered trademarks during the prevention and control of the new crown pneumonia epidemic. The sales amount reached 249,000 yuan, all of which constituted the sale of fake and shoddy products. crime. Liu Moumou and Wang Mou are the main criminals in joint crimes. Liu Moumou has a greater role than Wang Moumou. Liu Moumou and Wang Mou truthfully confessed their criminal facts, pleaded guilty and pleaded guilty, and all refunded the victims' economic losses. Accordingly, on February 28, 2020, the defendant Liu Moumou was sentenced to two years and nine months' imprisonment for the crime of selling fake and shoddy products, and was fined 160,000 yuan; the defendant Wang Mou was sentenced to two years and six years in prison. And fined RMB 140,000.
Referee summary
According to Article 10 of the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Production and Sale of Fake and Inferior Goods, the implementation of crimes of production and sale of inferior goods constitutes infringement of intellectual property rights, illegal operations, and other Anyone who commits a crime shall be convicted and punished in accordance with the heavier punishment provisions. Defendants selling masks that counterfeit registered trademarks, such as masks that are unqualified products, shall be convicted and punished in accordance with the heavier punishment provisions in the case of both the crime of selling counterfeit registered trademarks and the sale of counterfeit and inferior products. In this case, the sales amount reached 249,000 yuan. If convicted on the sale of counterfeit registered trademarks, and because the sales amount is more than 50,000 yuan but less than 250,000 yuan, he should be sentenced to imprisonment or detention of less than three years according to law, and be punished concurrently or separately. Sentences within the range; if convicted of selling fake and shoddy products, because the sales amount is more than 200,000 yuan but less than 500,000 yuan, the prison term should be two years to seven years according to law, and the sales amount should be more than 50% and less than twice. Sentencing within the scope of the fine. Comparing the two crimes, the penalties for the later crimes are heavier than the previous crimes. The people's court convicted and punished the crime of selling counterfeit and inferior products, which complies with the judicial interpretation of the "choose one felony" in such cases.
In addition, disposable medical masks, such as medical masks, belong to the second class of medical devices. The sale of substandard medical masks, which is serious enough to seriously endanger human health, may also constitute the crime of selling substandard medical equipment. The identification of "endangering human health", in addition to the protection of the medical masks involved in the case, does not meet the standards, but also combined with the comprehensive use of the medical masks involved in the use of the place, the crowd and other judgments. If the medical masks that do not meet the standards are mainly sold to medical institutions and used by medical personnel, they can usually be regarded as "enough to seriously endanger human health"; if the medical masks that do not meet the standards are sold to non-high epidemic areas for daily use by the public, It is generally difficult to meet the requirements of "enough to seriously endanger human health". In practice, there is no definite and sufficient evidence for the medical masks involved in the case to prove that "sufficiently endangers human health." There are obstacles or disputes in the application of the crime of producing and selling medical equipment that does not meet the standards, but the sales amount is more than 50,000 yuan, or the value is 15 Those who have more than 10,000 yuan can be convicted and punished in accordance with the criminal law and relevant judicial interpretations in accordance with the crime of producing and selling fake and inferior products; if they constitute other crimes such as the sale of counterfeit registered trademarks or illegal business, they can also be punished by relevant crimes. Specific to this case, although the disposable medical masks involved in the case do not meet the standard protection function, they are not sold to medical institutions and used by medical personnel, and there is no firm and sufficient evidence to prove that "sufficiently endangers human health", so it does not constitute sales inconsistency. Standard medical equipment crime.
Case 3: Wang Moumou and Chen Mou selling fake and shoddy products
——Sell "three-none" masks with severe filtration efficiency that does not meet national standards to pharmacies
Brief merits
The defendant Wang Moumou (female) was a temporary hired person of a pharmaceutical company in Harbin City, Heilongjiang Province, and had a husband-wife relationship with the defendant Chen Mou. From January 28 to 31, 2020, Wang Moumou and Chen Momou purchased the "three-no" masks without the manufacturer's name, site and product quality inspection certificate at a price of 5 yuan each. In the case of unqualified product quality, the masks were sold to pharmacies and other places at the price of 10 yuan each in the name of "KN95" masks, and a total of 9,800 masks were sold, with a payment of 98,000 yuan. After the incident, the masks were all detained by the public security organs. It was identified that the particle filtration efficiency of the masks involved in the case was only 6.7%, which did not meet the particle filtration efficiency requirements (≥95%) stipulated by the national standard of "KN95" masks, which was an unqualified product.
Referee result
The People's Court of Nangang District, Harbin City, Heilongjiang Province, after trial, found that during the prevention and control of the new crown pneumonia epidemic, defendants Wang Moumou and Chen Mou sold fake and inferior masks whose particle filtration efficiency was seriously inconsistent with national standards. All of them constitute the crime of selling fake and shoddy products and should be severely punished according to law. Wang Moumou and Chen Mou truthfully confessed their criminal facts and pleaded guilty. Accordingly, on February 25, 2020, the defendants Wang Moumou and Chen Mou were sentenced to one year and two months in prison for the crime of selling fake and shoddy products and fined 100,000 yuan.
Referee summary
After the defendant purchased the "three-none" mask, it sold it under the name of "KN95" mask, and the product description provided also stated that the product was "KN95" valveless, "self-priming filter anti-particulate respirator", so In this case, the mask standards used by the defendant during the quality inspection of the case were evaluated, and the national standard GB2626-2006 (self-priming filter-type respirator for respiratory protective equipment) was identified. The social harm of this case lies not only in that the main quality indicators of the masks involved in the case are seriously inconsistent with national standards, but also that the defendant sold inferior masks to pharmacies. Under normal circumstances, people are more likely to trust products purchased from pharmacies, so selling counterfeit products to pharmacies is also more socially harmful. Such acts of selling counterfeit and shoddy products to pharmacies should be severely punished in accordance with the law in order to protect the lives and health of the people.
Case 4: A case in which a certain Beijing Pharmacy Co., Ltd. and Zheng Moumou sold counterfeit registered trademarks
——Pharmacies selling masks with counterfeit registered trademarks for illegal gains
Brief merits
The defendant, Zheng Moumou, is the legal representative and general manager of a defendant's Beijing Pharmacy Co., Ltd. From the end of January to the beginning of February 2020, Zheng Moumou knew that the 10,000 "3M" brand 9001 masks purchased by him and the 50,000 "Piaoan" brand disposable medical masks purchased by his subordinates had no qualification certificate and passed the inspection. Materials such as certificates and warehouse vouchers, and company employees and consumers report that there are problems with the quality of the masks, and they still instruct the defendant units to sell in multiple stores in Beijing, with a sales amount of more than 160,000 yuan, and the sales proceeds belong to a large pharmacy in Beijing Limited company. The above masks were identified as counterfeit registered trademarks.
Referee result
The Haidian District People's Court of Beijing held that the defendant's Beijing Pharmacy Co., Ltd. and the defendant Zheng Moumou sold outbreaks of counterfeit registered trademarks for illegal gains. The sales amount was large, and their actions constituted the sale of counterfeit registrations. Commodity crime with trademark. The defendant and Zheng Moumou pleaded guilty, but considering that the case occurred in a critical period of severe national epidemic prevention and control situation, they should be severely punished according to law. Accordingly, on March 26, 2020, the defendant unit was sentenced to a fine of RMB 150,000 for the crime of selling counterfeit registered trademarks. The defendant Zheng Moumou was sentenced to two years in prison and fined RMB. One hundred thousand yuan.
Referee summary
In this case, the sales amount was more than 160,000 yuan. Even if the masks involved in the case were identified as unqualified products, if the conviction was made for the sale of counterfeit registered trademarks, the sales amount was more than 50,000 yuan but less than 250,000 yuan, and the prison term should be less than three years. Either detained and sentenced within the scope of a single fine; if convicted of the sale of counterfeit and inferior products, the sales amount is more than 50,000 yuan but less than 200,000 yuan. Penalties are imposed within the range of 50% to 2% of the sales amount. According to the principle of "choose one felony punishment", the conviction and punishment shall be convicted of the sale of goods that counterfeit registered trademarks.
Case 5 Ji Moumou Scam
——Spoofing as a staff member of the Provincial Health and Health Committee to a mask manufacturer
Brief merits
On February 15, 2020, the defendant Ji Moumou (unemployed) made a profit to obtain a large number of masks for sale, forged the seal and official document of the Zhejiang Health Committee, posing as a staff member of the Zhejiang Health Committee, and went to Jiaxing, Zhejiang under the name of investigation. Clean Air Technology Co., Ltd., a city mask manufacturer. In the meantime, Ji Moumou learned that all the "KN95" standard masks produced by the company were scheduled to be purchased. After learning that the company still has an old and abandoned production line that can produce simple masks, he asked to restart the production line to produce simple masks. And promised to be responsible for coordinating the production license, the government will directly purchase the batch of masks. The company began to deploy human and material resources to organize trial production of simple masks. On February 18, in order to further gain the trust of the person in charge of the company, Ji Moumou contacted a reporter from Jiaxing TV Station to interview the company. The reporter was suspected of his identity and the incident occurred. As of February 19, a clean air technology Co., Ltd. produced more than 5,000 simple mask semi-finished products, resulting in economic losses of more than 7,000 yuan, the company's normal order to produce urgently needed materials for epidemic prevention and control was affected.
Referee result
The People's Court of Pinghu City, Zhejiang Province, found that the defendant was pretending to be a fraudulent deceit to impersonate a staff member of a state organ for illegal gains, and his behavior constituted a crime of deceitful deception and should be punished severely according to law. Mr. Ji was sentenced to fixed-term imprisonment for the crime of intentional injury. Within five years after the execution of the penalty, he should be sentenced to a term of imprisonment of more than fixed-term imprisonment, which is a recidivist and should be severely punished according to law. Count so and so truthfully confess his criminal facts and plead guilty. Accordingly, on March 11, 2020, the defendant was sentenced to 10 months' imprisonment for the crime of deceitful deception.
Referee summary
The defendant obtained the masks illegally, and when the mask production company worked overtime to produce the "KN95" standard masks urgently needed for epidemic prevention, they impersonated the staff of the state organs and tricked the company to regroup the manpower and material resources to restart the production of simple masks on the abandoned production line when the manpower was tight. This not only affects the people's trust in state organs, but also interferes with the normal order of production and operation of enterprises. Such acts should be severely punished according to law.
Case 6 Wang Moumou Fraud
——Scamming aid for medical personnel of Hubei
Brief merits
On February 12, 2020, the defendant Wang Moumou released false information on the sale of medical masks, forehead guns (infrared thermometers) and other epidemic prevention materials in the WeChat group. The victim Xu was a nurse in the ICU ward of a hospital in Nantong City, Jiangsu Province. After receiving the task of assisting Hubei, he prepared to buy a batch of medical masks to bring to Hubei in order to alleviate the pressure of shortage of local epidemic prevention materials. After seeing the sales information released by Wang Moumou, Xu Moumou contacted Wang Moumou to purchase 1500 masks and two thermostats, and informed Wang that he was a medical staff and would soon assist Hubei. The forehead gun is ready to be brought to Hubei for epidemic prevention. Wang Moumou cheated Xu Moumou to pay a deposit of 2500 yuan for the mask, and then paid the full amount of the mask to be shipped on the grounds that he defrauded Xu Moumou of 2900 yuan for the final payment of the mask and 400 yuan for the amount of the temperature gun. . Later Wang Moumou fabricated various reasons for delaying delivery without refund, Xu Moumou reported the case.
Referee result
The Nantong Economic and Technological Development Zone People's Court of Jiangsu Province heard that the defendant, Wang Moumou, had falsified facts to defraud other people's property for the purpose of illegal possession. The amount was large, and his behavior constituted a crime of fraud. Wang Moumou knows that the victim is a medical staff to help Hubei. He bought medical masks and other epidemic prevention materials for the prevention and control of the epidemic situation in Hubei. He still defrauded the victim's property and was deeply subjective and socially harmful. He should be punished severely according to law. Wang Moumou truthfully confessed his criminal facts, pleaded guilty and pleaded guilty. After the case, all the victims were refunded for their economic losses. Accordingly, on March 5, 2020, the defendant Wang Moumou was sentenced to eight months' imprisonment for fraud and a fine of RMB 6,000.
Referee summary
After the outbreak of the new crown pneumonia epidemic, the majority of medical staff rushed to the forefront of the epidemic prevention. They were the backbone of the epidemic. Especially the medical staff who assisted Hubei and participated in the Wuhan and Hubei defense wars made a significant contribution to the prevention and control of the epidemic. Wang Moumou, even knowing that Xu Moumou was about to reach out to medical staff in Hubei, purchased the protective equipment in order to alleviate the pressure on the local protective materials, he still defrauded his money, the nature was bad, and he should be punished severely according to law. The People's Court has always resolutely cracked down on various medical-related crimes such as infringing on the safety of medical personnel's personal property, disrupting the medical order, and creating a good environment for medical staff and patients. Good fashion.
Case 7 Ma Moumou Fraud
——Publishing false mask sales information online, the amount of fraudulent property is particularly huge
Brief merits
From January 28 to February 3, 2020, the defendant Ma Moumou was eager to buy masks during the use of the new crown pneumonia epidemic in Hangzhou, Zhejiang Province. Through online stores and WeChat, he released false information about the supply of masks and sent them from The online download of the manufacturer's business license, production license, inspection report and other materials have cheated Zhang, Mou, and other nine victims in masks totaling more than 930,000 yuan, and all the money was used by Ma. For online gambling. On February 3, Ma Moumou volunteered to the public security organs.
Referee result
The People's Court of Yuhang District, Hangzhou City, Zhejiang Province found that the defendant, Ma Moumou, used the telecommunications network to release false information for the purpose of illegal possession during the prevention and control of an infectious disease epidemic, and used the sales of anti-epidemic materials to defraud other people's property in a special amount. It is huge and its behavior constitutes the crime of fraud and should be severely punished according to law. Ma Moumou took the initiative to submit his case and truthfully confessed his criminal facts. Accordingly, on March 17, 2020, the defendant Ma Moumou was sentenced to imprisonment for 11 years and 6 months for fraud, and was fined 150,000 yuan.
Referee summary
Among the criminal cases that hinder the prevention and control of the epidemic, mask fraud cases account for about 40%, of which telecommunications network fraud cases are the main ones. The defendant in this case took advantage of the people ’s urgent need for masks during the epidemic to commit fraud through the telecommunications network. In just a few days, he obtained 930 thousand yuan from multiple victims, reaching a particularly large amount of fraud. He should be sentenced to more than ten years. imprisonment. The people's court comprehensively considered that it was unable to refund the compensation, but had circumstances such as surrender and made a judgment in accordance with the law.
Case 8: Chen Moumou fraud case
-Falsely claiming that there are fraudulent property purchases through meltblown cloth purchase channels
Brief merits
In late February 2020, the defendant Chen Moumou learned that the victim Lu Moumou was looking for a meltblown cloth purchase channel, and said that he could help inquire. Later, Chen Moumou learned through the network that meltblown cloth is the key raw material for the production of the intermediate filter layer of masks. During the epidemic, the supply of meltblown cloth was in short supply, and the idea of using meltblown cloth to defraud Lu's property. On February 28, Chen Moumou lied to Lu Mou that he could contact a friend to buy 1 ton of meltblown cloth. Lu Moumou was required to pay a deposit of 50,000 yuan and ship within three to four days after paying the deposit. In the afternoon of the same day, Lu Mou deposited a deposit of 20,000 yuan into Chen Moumou's account. Chen Moumou will immediately deposit 20,000 yuan for online gambling and repayment of arrears. To the agreed delivery time, Chen Moumou refused to deliver and refused to refund the deposit on the grounds that his friend was arrested for reselling the meltblown cloth. On March 10, Lu Mou reported to the public security organs.
Referee result
The people's court of Keqiao District, Shaoxing City, Zhejiang Province held that the defendant Chen Moumou defrauded others for the purpose of illegal possession of raw materials for the production of anti-epidemic materials, and the amount was large, which constituted a crime of fraud. Chen Moumou has been sentenced three times for the crime of theft and fraud, with severe punishment as appropriate. Chen Moumou truthfully confessed his criminal facts, pleaded guilty and pleaded guilty, and all reimburse the victims for their economic losses. Accordingly, on March 25, 2020, the defendant Chen Moumou was sentenced to one year in prison for fraud and fined 10,000 yuan.
Referee summary
Masks are the basic materials for epidemic prevention and resumption, and meltblown cloth is the core material of masks. As the filter layer in the middle of a mask, it is called the "heart" of the mask. Recently, the market's demand for meltblown cloth has blown out, and the output of meltblown cloth has become a "bottleneck" for mask expansion. Some criminals took advantage of the opportunity to raise prices and spread "outbreaks of wealth", and some criminals swindled property in the name of selling meltblown cloth. During the epidemic prevention and control period, the people's court will drive up the price of epidemic prevention materials such as meltblown cloth, make huge profits, disrupt the market order, and commit fraud such as fraudulent use of epidemic prevention materials such as meltblown cloth. They will be severely punished in accordance with law to effectively protect the epidemic prevention and control and return to work The overall promotion of the resumption of production.