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People v. Wang, Cai, and A Trading Company —Two defendants convicted of the crime of production and sale of fake and inferior products were punished severely for storing 12 tons of “zombie beef” in warehouse for sale (production and sale of counterfeit and inferior products)
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王某、蔡某、某贸易有限公司生产、销售伪劣产品纠纷案——１２吨“僵尸牛肉”仓库待售 两被告人构成生产、销售伪劣产品罪被严惩
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【法宝引证码】
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- Legal document：
Ruling
- Judgment date：
06-29-2016
- Procedural status：
Trial at Second Instance
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| People v. Wang, Cai, and A Trading Company (production and sale of counterfeit and inferior products) —Two defendants convicted of the crime of production and sale of fake and inferior products were punished severely for storing 12 tons of “zombie beef” in warehouse for sale | | 王某、蔡某、某贸易有限公司生产、销售伪劣产品纠纷案——１２吨“僵尸牛肉”仓库待售 两被告人构成生产、销售伪劣产品罪被严惩 |
| Recently, a criminal case concerning production and sale of “zombie beef” was concluded by Shanghai No. 1 Intermediate People's Court. In this case, a trading company and its persons in charge surnamed Wang and Cai sold expired beef by altering the product labels for seeking huge profits. Finally, the trading company was imposed a fine of RMB 500,000 Yuan, Wang and Cai were sentenced to imprisonment of five years and two years respectively. | | 日前，上海市第一中级人民法院审结了一起生产销售“僵尸牛肉”的刑事犯罪案件。该案系某贸易有限公司及其公司直接负责人员王某、蔡某为获取巨额利润，将已过期的牛肉生产标示经过篡改后，以次充好进行销售。最终，该贸易有限公司被判处罚金人民币五十万元，王某和蔡某分别被处五年、二年不等的有期徒刑。 |
| [Case Review] | | 【案情回放】 |
| The trading company was jointly founded by Wang, Cai and Guo, with production and sale of chilled fresh meat, frozen meat and meat products as its main business. Guo is the legal representative. Wang and Cai, the general manager and the vice general manager respectively, are responsible for the daily operation and production and sale related matters of the company. Since 2012, the company began to sell the overstocked expired frozen beef at the counters set up in supermarkets by changing the label that bears the production date and place. | | 王某、蔡某及郭某共同出资设立了以生产销售冷鲜冷冻肉及肉制品为主营业务的某贸易有限公司。郭某为法定代表人，王某和蔡某分别任总经理和副总经理，公司的日常管理、生产销售均由两人分工负责。2012年开始，该公司将经营过程中囤积的过期冷冻牛肉篡改生产日期及产地标签后，通过该公司在超市设立的专柜进行销售，还有一些掺杂在牛肉礼盒中通过某网站进行销售牟利。 |
| On July 22, 2014, investigators from Shanghai Municipal Public Security Bureau and law-enforcement officers from Shanghai Municipal Food and Drug Administration checked the expired frozen beef stored in the warehouse of the company, and seized 12,447 kilograms of expired frozen beef which values RMB 682,000 Yuan. Knowing the crime was found, Wang and Cai escaped. On august 1, 2014, Wang was arrested by the police. Hearing that Wang was arrested, Cai knew that he would not be able to escape the net of justice, surrendered himself to the police, and confessed the relevant criminal facts truthfully. | | 2014年7月22日，上海市公安局侦查人员会同上海市食品药品监督管理局执法人员对该公司仓库内的过期冷冻牛肉予以查扣，共查获过期冷冻牛肉12447公斤，价值68.2万余元。事发后，王某、蔡某闻风逃匿。2014年8月1日，王某被公安机关抓获归案。蔡某听闻王某被抓的消息后，自知难逃法网，向公安机关主动投案，并如实交代了相关犯罪事实。 |
| On April. 30, 2015, the court of first instance held after the trial that Wang, Cai and the company constituted the crime of production and sale of fake and inferior products as Wang and Cai, as the persons in charge of the company, sold expired beef by altering the product labels, with seized expired beef valuing more than RMB 680,000 Yuan. Thus the court imposed the company a fine of RMB 500,000 Yuan, sentenced Wang to five years in prison and a fine of RMB 100,000 Yuan, and sentenced Cai to two years in prison and a fine of RMB 30,000 Yuan all for the crime of production and sale of fake and inferior products. The seized expired beef was confiscated according to law. | | 2015年4月30日，一审法院审理后认为，王某和蔡某身为涉案公司直接负责人员，在主管公司的生产、销售过程中，将已过保质期牛肉的生产标示经过篡改后，以次充好进行销售，其中被查获待销售的牛肉货值金额达68万余元，王某、蔡某及该公司的行为均已构成生产、销售伪劣产品罪。遂对该公司以生产、销伪劣产品罪，判处罚金人民币五十万元；对王某以生产、销售伪劣产品罪，判处有期徒刑五年，并处罚金人民币十万元；对蔡某以生产、销售伪劣产品罪，判处有期徒刑二年，并处罚金人民币三万元。扣押的过期牛肉被依法没收。 |
| ．．．．．． | | ．．．．．． |
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