1. Whoever sells more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount. If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount;
2. Whoever sells more than 500,000 yuan but less than 2 million yuan shall be sentenced to fixed-term imprisonment of more than seven years and fined more than 50% but less than two times the sales amount.
Constitutive elements of the crime of selling fake and inferior products;
1, the subject of crime is individuals and units, which are producers and sellers of products. Producers are producers of products, including processors of products, and sellers are distributors of products in batches or single products, including direct sellers of products;
2. Subjectively, it is intentional and generally has the purpose of illegal profit. The actor's intention is to deliberately manufacture fake and inferior products in the production field. There are two situations in the field of sales: first, deliberate doping and adulteration in the products sold; Second, knowing that it is a fake and shoddy product and selling it;
3. The object of infringement is the national management system for the quality of ordinary products. Including the national product quality, industrial and commercial administration system and the legitimate rights and interests of consumers;
Objectively speaking, producers and sellers produce and sell fake and inferior products in violation of national laws and regulations on product quality management.
Legal basis: Article 49 of People's Republic of China (PRC) Product Quality Law.
Production and sale of products that do not meet the national standards and industry standards for protecting human health and personal and property safety shall be ordered to stop production and sale, and the illegally produced and sold products (including sold and unsold products, the same below) shall be confiscated, and a fine of less than three times the value of the goods shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50
Doping, adulteration, passing the fake as the real, shoddy, or passing the unqualified products as qualified products, shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.