"Do you have any objection to the allegations that you are suspected of producing and selling fake and inferior products?
"No."
"Neither do I."
On the morning of October 20, the criminal division of xuzhou economic and technological development zone court held a public trial of an illegal case involving the production and sale of fake and inferior box-type substations.
Finally, the defendant did not object to the relevant charges of the prosecutor of the procuratorial organ, and expressed his willingness to plead guilty.
Prosecutors believe that although yiyang company has the production qualification of the box change, the equipment it assembles and produces is not produced by the personnel of wanxin company, the process and the material used are not the original factory, and they did not pass the quality test when they left the factory. Therefore, these 7 fake boxes of wanxin should all be unqualified products.
In theory, the core of the box transformer is the transformer, if the transformer is not qualified, the box transformer as a whole is not qualified.
In addition, without authorization from other companies, wei and fan planned to produce box transformer in the name of another company, replace copper transformer with aluminum core transformer, and directly forge nameplate, certificate of conformity and inspection report of other companies.
Knowing that the products they produce are not qualified, they do not go out of the factory for inspection, which disturbs the fair order of the market, has violated the criminal law, and is suspected of the crime of producing and selling fake and inferior products;
Two people should be joint crime, should punish lawfully, give economic punishment at the same time.
In view of the wei mou, fan mou two people have surrendered to the authorities, the court is recommended to consider the circumstances of their lighter or mitigated punishment.
In the final court statement, wei and fan both said they did not object to the prosecution charges and voluntarily pleaded guilty.
The case was not decided in court, the judge announced another day to sentence.
What happened?
Let's take a closer look:
Cooperate with a manufacturer to produce counterfeit equipment
Wei mou is now a private driver in our city, he confessed in the court, in March 2012, he learned that the fengtai county power supply company in anhui province liu ji power supply station is in urgent need of a batch of box substation (box substation for short), he contacted the head of the wei mou.
"The institute said it wanted six box transformers, all of which were pre-installed. It was agreed that the transformer should have copper core."
Wei said that after the discussion, he gave the other side to promote the jiangsu wanxin electric power equipment co., ltd. products.
Both sides reach an agreement, wei mou needs deadline delivery.
When wei to wan xin company to buy this batch of boxes, the company is not available for sale.
Because have electric equipment working experience before, wei some knows the box-type substation of preinstallation type is assembled by transformer, high and low pressure ark and control device a few pieces and become, core component is transformer.
Then a bold idea occurred to him.
"At that time, the wanxin factory could not produce these goods, but I wanted to get the business done."
Don't want to get the deal so yellow, wei then found xuzhou yiyang electrical equipment co., LTD., told the actual operator fan, he has a batch of production business, but must use the name of wanxin company production, product sales also want to hang the company's nameplate, certificate of qualification and a series of production proof.
"Asked if he could do it, he began to hesitate and finally agreed."
Dolphins began said.
Look for a fake dealer to copy another nameplate
Wei mou confesses, after getting the reply of yi Yang company, he buys transformer factory to tongshan new area transformer.
Unexpectedly, the factory has only three copper core transformers, he bought a cheap price of six aluminum core transformers.
Electric equipment should have the nameplate of the manufacturer on, in order to solve this problem, wei some goes to the outside telegraph pole to find the small advertisement that is putting up to make false card, contact false card trafficker, made the nameplate of transformer of 6 wan xin company with 400 yuan price.
In April of that year, the purchased transformer and the forged transformer nameplate of wanxin company were handed over to yiyang company together.
The company then used its own production of boxes and other parts, assembled six different models of boxes.
Wei sold it to the seller at a price of 979,500 yuan before the delivery date.
Later, wei and fan assembled and produced a certain type of box transformer in the same way and sold it to fengtai power supply company liu ji power supply station at the price of 184,000 yuan.
Find someone to copy and pay 460,000 yuan
Xuzhou yiyang electrical equipment co., LTD. Actual operator is fan, the legal person for its sister.
He also regretted his illegal production and sales.
He confessed that wei mou knew his company's employee bi mou, wei mou found him through bi mou, asked him whether he can do box change, do a good job can hang the nameplate of other factory?
Wei had already taken the product drawings and 200,000 yuan deposit.
"I hesitated and said 'yes'."
Fan said, in order to the interests of the enterprise, decided to use the name of wanxin company to produce this batch of boxes wei wanted to change.
At the same time of assembly and production, he arranged people to make nameplates of wanxin company as well as certificates of conformity, quality inspection reports, factory inspection and other certificates, so as to make matching use of these 6 boxes.
After delivery, wei mou pays 200,000 yuan deposit to turn into payment for goods first, paid 260,000 yuan again later, paid 460,000 yuan of payment for goods in all.
Fan said that the batch of box transformer delivery fengtai county power supply company liu ji power supply station, in the use of more than half a year there is a broken.
At the time, he insisted that because the transformer burned out, and the overall equipment is qualified, and the manufacturer has nothing to do.
Then he and wei do the same thing, in the name of wanxin company produced a box of the same model sold to the other side.
In response to the prosecutor questioned, fan said that he did not see the wei mou by the purchase of several transformers quality inspection certificate and other factory procedures, including three transformers are old.
He said that if the transformer is not qualified, then the box transformer products are not qualified.
Substation damage counterfeit products revealed the filling
In September 2015, one of the 7 boxes produced and sold by wei and fan was damaged again.
At that time, the buyer was in a hurry to contact wanxin company, asked to send someone to repair.
Wanxin company was puzzled, said fengtai county power supply company liu ji power supply station this customer.
The other side realized that he had been cheated and reported the case to the city police.
Xuzhou economic and technological development zone branch immediately filed a case for investigation.
September 16 that year, since the feeling of the big wei surrendered, the next day was criminal detention.
< / p > < p > every other day, fan also surrendered to the police, criminal detention (after the transfer of bail pending trial).
After the box transformer involved in the case was sealed up by the police, the national transformer quality supervision and inspection center sampling inspection, three of the six box transformer for unqualified products.
Prosecutor: guilty of producing and selling fake and inferior products
Prosecutors believe that although yiyang company has the production qualification of the box change, the equipment it assembles and produces is not produced by the personnel of wanxin company, the process and the material used are not the original factory, and they did not pass the quality test when they left the factory. Therefore, these 7 fake boxes of wanxin should all be unqualified products.
In theory, the core of the box transformer is the transformer, if the transformer is not qualified, the box transformer as a whole is not qualified.
In addition, without authorization from other companies, wei and fan planned to produce box transformer in the name of another company, replace copper transformer with aluminum core transformer, and directly forge nameplate, certificate of conformity and inspection report of other companies.
Knowing that the products they produce are not qualified, they do not go out of the factory for inspection, which disturbs the fair order of the market, has violated the criminal law, and is suspected of the crime of producing and selling fake and inferior products;
Two people should be joint crime, should punish lawfully, give economic punishment at the same time.
In view of the wei mou, fan mou two people have surrendered to the authorities, the court is recommended to consider the circumstances of their lighter or mitigated punishment.
In the final court statement, wei and fan both said they did not object to the prosecution charges and voluntarily pleaded guilty.
The case was not decided in court, the judge announced another day to sentence.
