A man in Hunan drove 9090 fake cigarettes, and the court sentenced!

Smoking is harmful to health,

Fake cigarettes are hurt and sad,

Strictly prohibit the state of the country

Production and sale of fake cigarettes.

But many people don't know,

Participate in transportation fake cigarettes

Also subject to law!

Look at the case today.

Basic case

On September 14, 2021, after discussed with the defendant Liu, Lai (sentenced), in the case of a fake and inferior cigarette, was contacted by Lai. Somewhere in the city, park the truck at the designated place, and return to the place after being transported to cigarettes.

Later, Liu was driving to transport cigarettes to Harbin, Heilongjiang. When the vehicle was driving to the sixth dang service area of ​​Xiangyin County, Xuguang Highway, it was seized by the Quanqiang Tobacco Bureau Inspection Team of Xiangyin County. 6840 cigarettes, 2,150 cigarettes of yellow crane tower (soft blue), and 100 cigarettes (hard canyon tenderness) cigarettes, totaling 9090.

After being identified, the seized cigarettes were counterfeit registered trademarks and fake and shoddy cigarettes. The value of the value was 16.13 million yuan.

Judgment result

The People's Court of Xiangyin County believes that the defendant Liu destroyed the order of the socialist market economy, knowing that it is an unqualified pseudo -inferior tobacco product pretending to be a qualified product sales, and still provides transportation behavior. With less than 10,000 yuan, it has constituted the crime of selling fake and shoddy products.

Comprehensive defendant Liu's criminal circumstances, guilty attitude and regret performance, the court sentenced the defendant Liu to three years and six months in prison, and fined 81,000 yuan.

Tobacco products belong to the national monopoly specialty and specialized products. They have not obtained a tobacco monopoly license. Those who illegally produce, transport, and buy tobacco products all constitute a crime. In this case, the defendant knew that it was counterfeit and shoddy cigarettes. In order to obtain benefits, he still carried out transportation behavior. The behavior disrupted the order of the tobacco market and infringed the legitimate rights and interests of consumers.

Therefore, remind you that the drivers should be cautious. Once the goods they know are prohibited products (such as fake cigarettes, drugs, etc.), the transporter has the obligation to report to the police and report to the public security organs in order to effectively avoid their criminal legal risks.

Law link

Article 140 of the Criminal Law of the People's Republic of China

[Crime of production and sales of fake and shoddy products] Producers and sellers are doped and adulterated in the products, and they are charged with falsely, and they are used to charge or impersonally pretend to be qualified products with unqualified products. The sales amount is more than 50,000 yuan or more For less than two years in prison or detention, and the amount of sales of more than 50 % or less than 50 % or less;

If the sales amount is less than 200,000 yuan or more, it is imprisoned for more than two years and seven years, and the sales amount is more than 50 % of the fine;

If the sales amount is more than 500,000 yuan or more, it is less than 2 million yuan.

If the sales amount is more than two million yuan, it is sentenced to fifteen years in prison or life imprisonment, and the sales amount is more than 50 % of the amount of more than 50 % of the fine or confiscated property.

- END -