[Case Playback].
Wan, Liao and others are salesmen of a liquor brand, and the liquor manufacturer engages in prize-winning activities in order to increase the sales of liquor, so Wan, Liao and others conspire to manufacture counterfeit prize-winning bottle caps in order to seek illegal benefits. After investigation, Wan and others contacted a mold factory in other places and asked the mold factory to produce more than 10,000 counterfeit wine bottle caps. Hou Wan and others defrauded the local tobacco and alcohol firm of counterfeit bottle caps to obtain bonuses, and illegally made a total of more than 30,000 yuan. After trial, the court found that the acts of Wan, Liao, and others constituted the crime of fraud, and the court sentenced the defendants to five months of criminal detention to one year and nine months imprisonment and a fine.
[Lawyer on Law].
According to article 266 of the Criminal Law, "Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions. ”
In this case, Wan, Liao and others, as salesmen of a certain brand of liquor, contacted a foreign mold factory to manufacture counterfeit winning bottle caps after learning that the liquor manufacturer was making brand **, and deceived the distributors to redeem the prize by mixing the real and fake, so they made illegal profits totaling more than 30,000 yuan, so the behavior of Wan and others was for the purpose of illegal possession, counterfeiting the winning bottle caps to defraud others of their property, and the amount was relatively large, all of which constituted the crime of fraud, and the court then based on the specific facts and circumstances of the crimes of the defendants, as well as their expressions of remorseand made the above judgment in accordance with the law.
[Lawyer reminds].
The first activity of "opening the lid and rewarding" can often promote the sales of products, but this kind of marketing means also brings opportunities for criminals to take advantage of, do not carry out "fake prizes" in order to obtain illegal benefits, otherwise the behavior of defying the law will eventually be punished by law!