China News Service, March 17 According to the Supreme Court website, the Supreme People's Court has recently released three typical cases of "anti-counterfeiting of agricultural materials".

Case number one

The case of Li Mouwei and Xiang Mouzhong selling fake and inferior seeds

  In the spring of 2017, the defendant Li Mouwei bought peanuts from the southern origin (without any marking on the outer packaging) in Jilin Province. Without the seed label and instructions, and without filing in the agricultural department, the counterfeit " Four red" peanut seeds were sold, of which about 220,000 jin was sold to the defendant Xiang Zhong, and they were sold to Li Mouwen (a separate case) and Xu Moubing, Zhang Mouxiang, Sun Mouwu and others (all have been sentenced in another case) ) A total of about 119,200 catties.

Mr. Xiang knew that the "seeds" purchased from Li Mouwei had no formal identification and lacked important indicators such as "purity, clarity, moisture, and germination rate". For profit, he pretended to be "Shandong Seeds" or "Tongyu Four Grains". Red", part of it was resold to Xu Bing, and the other part was sold to farmers by Yang Mouxiang, Zheng Mouhong, Zhou Mouqiong, Zhang Moubao and others (all sentenced in separate cases). Li Mouwen transferred the purchased fake seeds Sell ​​to pay a certain (a separate case dealt with).

Xiang Mouzhong, Fu Mou, Xu Moubing, Zhang Mouxiang, Sun Mouwu and others sold the fake seeds to a total of 322 farmers in Zhaoyuan County, Heilongjiang Province, Tongyu County, Jilin Province, and Qianguoerluosi Mongolian Autonomous County. The total sales amount is about 2.38 million yuan, and the total planting area is about 1,450 hectares, all of which have reduced production to varying degrees, causing a total economic loss of about 14.48 million yuan.

After identification, the seeds involved in the case were fake seeds.

The courts of the first and second instance sentenced the defendant Li Mouwei to 15 years imprisonment and fined RMB 1.2 million for the crime of selling fake and inferior seeds; the defendant Xiang Mouzhong was sentenced to 10 years imprisonment and a fine of 80 RMB. Ten thousand yuan.

Case two

Production and sales of counterfeit and inferior products by Liu, Zhou, Liu, etc.

  The defendant Liu and the defendant Zhou established "Sichuan Kangwei Animal Pharmaceutical Co., Ltd." (unregistered) in Jinshui District, Zhengzhou City, Henan Province, specializing in the production and sale of fake veterinary drugs.

From the beginning of March 2015 to before the incident, Liu rented two simple warehouses in a food court in Jinshui District, Zhengzhou City, organized the production of fake veterinary drugs, and hired the defendant Liu Moukai as the company manager, who was specifically responsible for the production and sales of fake veterinary drugs; After a certain veterinary drug raw materials were purchased from others, they were handed over to the defendants Yang and Yuan for processing and production, that is, glucose and other raw materials were randomly added to the veterinary drug raw materials to make more than a dozen fake veterinary drugs. , Tilmicosin, Doxycycline Hydrochloride, Colistin" and other veterinary drugs with the trademarks "Sichuan Kangwei" or "Kangwei Muxin" attached to them. Zhou and Liu Moukai are responsible for selling them online or by phone. .

When Zhou was busy in production, he also accused his brother and defendant Zhou Mouxing to help produce or deliver goods.

The defendants Fang Mocheng and Fan Mokai knew that Liu, Zhou and others were producing and selling fake veterinary drugs, and for profit, they still helped them to print fake veterinary drug packaging bags in violation of regulations.

According to audits, from March 1, 2015 to March 7, 2018, the total performance of "Sichuan Kangwei Animal Pharmaceutical Co., Ltd." (bank income and collection of goods by logistics company) was approximately 10.801 million yuan.

After identification, the veterinary drug involved was a fake veterinary drug.

Liu voluntarily surrendered, confessing his crime truthfully, surrendering himself.

The courts of the first and second instance sentenced defendant Liu to 15 years imprisonment and fined RMB 5 million for producing and selling counterfeit and inferior products; and sentenced defendant Zhou to 12 years imprisonment and fined RMB 3 million. Yuan; the defendant Liu Moukai was sentenced to nine years in prison and a fine of 400,000 yuan; the other defendants were also sentenced to corresponding penalties.

Case three

Production and sales of fake and inferior products by Wang Mouchun, Wang Mouhui, Wang Mouyong, Bi Mouhuan, etc.

  From 2014 to September 2018, the defendant Wang Mouchun invested in equipment, raw materials, and recruited workers. They were in abandoned factories near Dushan Village, Liangshan Town, Liangshan County, Liangshan County, a breeding plant in Housi Village, Yangying Town, Liangshan County, and Liangshan, respectively. In a breeding factory in Wulou Village, Heihumiao Town, County, a number of brands of fake pesticides were produced and sold in cooperation with others.

During the period, the defendant Wang Mouhui provided a bank card to help Wang Mouchun settle the fake pesticide payment, and occasionally took the workers to and from get off work.

The defendants Wang Mouyong and Bi Mouhuan were involved in some crimes of illegally producing and selling fake pesticides.

In the crime, Bi Mouhuan leased two factories in Yangying Town and Heihumiao Town, and was responsible for managing workers there, and occasionally transporting goods; Wang Mouyong transported fake pesticides, handled the consignment procedures, and collected the payment; the defendant Bi Mou Cun, Wang Mouling, Yang Mouyun, and Xue Mouxiang helped to produce fake pesticides in two factories in Yangying Town and Heihumiao Town.

After investigation, Wang Mouchun and Wang Mouhui produced and sold fake pesticides for a total of more than 2,189,900 yuan; Wang Mouyong participated in the sale of fake pesticides for a total of 659,400 yuan; Bi Mouhuan, Bi Moucuun, Yang Mouyun, Xue Mouxiang The sales amount of fake pesticides that Wang Mouling participated in the production was more than 350,000 yuan.

Bi Mouhuan, Wang Mouyong and others voluntarily surrendered their crimes and truthfully confessed their crimes.

The courts of the first and second instance sentenced defendant Wang Mouchun to 15 years imprisonment and fined RMB 900,000 for producing and selling counterfeit and inferior products, and sentenced defendant Wang Mouhui to seven years imprisonment and fined RMB 100,000 Yuan; defendant Wang Mouyong was sentenced to four years imprisonment and a fine of 60,000 yuan; defendant Bi Mouhuan was sentenced to two years imprisonment and a fine of 30,000 yuan; the remaining defendants were also sentenced to corresponding penalties.

  The person in charge of the Criminal Division of the Supreme People's Court pointed out that in 2020, through the joint efforts of the whole party and the people of all ethnic groups in the country, my country's fight against poverty has been fully won, and the rural poor under the current standards have all been lifted out of poverty.

At the historical juncture of marching towards the second centenary goal, the people’s courts at all levels must fully realize the importance and urgency of the trial of the "counterfeiting of agricultural materials" case, and continue to maintain a high pressure on the crimes of counterfeiting and selling agricultural materials. In order to consolidate and expand the results of poverty alleviation, comprehensively promote rural revitalization, and accelerate the modernization of agriculture and rural areas, it will provide strong judicial guarantees to actively extend the judicial function to protect the interests of farmers to the greatest extent.