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The man with his family "rich" selling counterfeit drugs involving over ten million 10 people jailed

2018-11-08 16:43 Procuratorate daily TF011

Selling fake pills made money, he did not forget to pull the family, father, brother, sister-in-law, two cousin together "to get rich". To the incident, several defendants for selling weight-loss drugs sold in the country, involving over ten million yuan -

Wang Jinhui


The suspect by selling diet pills

By WeChat, Taobao, QQ group wantonly selling fake pills containing sibutramine ingredients, the formation of "good thin million official team" fixed WeChat group management platform. Less than two years, Liu Kun developed his own father, brother, sister-in-law, two cousin 5 family members, agents at different levels of more than 2000 people, involving more than 1000 yuan, the victim throughout the country.

In September 21, 2018, by the Shandong province Qingdao city Chengyang District procuratorate prosecution of Liu Kun, Wang Peng and other 10 people producing and selling poisonous and harmful food case verdicts. Principal Liu Kun was sentenced to twelve years imprisonment, fined 12 million yuan; Wang Peng was sentenced to eleven years imprisonment, fined 3 million 50 thousand yuan; the other 8 defendants were sentenced to ranging from one year and six months to eight years in prison and fined the. After the first trial, several defendants appeal. At present, the case in the second instance.

False weight-loss drug case cracked

At the beginning of August 2016, Qingdao city Chengyang District food and drug administration received more than the masses, said headaches and nausea and constipation and other symptoms appear their weight-loss drugs purchased from micro shop after. The food and Drug Administration Bureau has arranged for staff to buy the weight-loss drug for testing, found to contain prohibited ingredients sibutramine, food and Drug Administration clues handed over to the Chengyang Public Security Bureau of food and drug and environmental crime investigation brigade.

The food and drug ring brigade received clues, quickly launched an investigation and found that Chengyang area have many false weight-loss drug sales in the WeChat containing sibutramine ingredients. The suspect micro signal and mobile phone numbers for online analysis and offline analysis Mopai, eventually locked the gang sales in Xifu Street led by Liu Kun fake pills. By comparison of Liu Kun bank account funds flowing water, check out Liu Kun Zhang Qianru of Dalian and Liaoning on the line for the Qingdao District of Jimo city Wang Peng.

3 month 2017 years in 21, lock all the whereabouts of the suspect and the address, the public security organs unified action to implement the net. Multiple police has Liu Kun, Xing Yingying, Liu Lei, Liu Hongshuang, Liu Juncheng, Liu Daquan arrested, and seized a large number of Yi ancient herbal thin fat burning capsules, so thin full belly fat burning capsules, skinny fat burning slimming capsules and other ancient "three noes" slimming products; false weight-loss drug suppliers, Wang Peng arrested Wang Yongtao couple two people in Jimo area. And live in the Qingdao far Tao Packaging Co. Ltd. also benefit ancient herbal thin fat burning capsules, skinny fat burning slimming capsules, bulk ancient silver capsule; arrested fake weight-loss drug maker Wang Yanfeng, Huo Changsong two people in Chengyang District of Qingdao crane hall Biotechnology Co. Ltd., the scene seized 3.2 contraband ingredient sibutramine capsules in bulk green add ingredients sibutramine and kg. So far, the case is completely solved.

When the boss himself group

Liu Kun, born in 1994, did not finish junior high school to enter the society. In June 2015, he met a woman named Zhang Qianru in Dalian on the Internet, and each plus the WeChat. Liu Kun saw Zhang Qianru sales weight-loss drug from WeChat, which makes him inspired an idea of earning money, "diet pills this thing not feasible, also vigorously to money fast." So, Liu Kun Zhang Qianru, let her for his delivery, began to lose weight this medicine sales named Yi Shou ancient herbal fat burning capsules in WeChat's own.

With the increase in daily contact with Zhang Qianru Liu Kun, Zhang Qianru gathered a lot of claiming the team "is divided into 8 different levels of the agent level, take the goods price and sales range reflects the level and difference, after Liu Kun joined from the lowest level of the start. Because the sales volume and the goods quantity is the only way to improve the level, therefore, Liu Kun continued to sell the drug by WeChat, Taobao, QQ group, the development of a lot of customers, the increase in income will drive Liu Kun. To 2015 years 12 months, the number of Liu Kun to Zhang Qianru getting goods from the initial time hundreds of dollars to hundreds of thousands of dollars at a time. Due to outstanding performance, he became the drug of the provincial agents.

In the sales process, many customers ask Liu Kun weight loss drug eligibility, Liu Kun also asked Zhang Qianru, Zhang always talk ambiguously. So, Liu Kun's own Internet search and found that these pills added sibutramine and other countries banned substances. These disable components to stimulate people's nerves, people thirst, anorexia, dizziness, constipation, causes the body to produce sense of exhaustion, so as to achieve the purpose of weight loss. Slimming products should be effective, you must add this kind of substance, the "self study", Liu Kun know it.

In May 2016, Liu Kun from Zhang Qianru took about 2000000 yuan, more than 20 thousand boxes of goods after the exit from Zhang Qianru's "great team". Through the network to find a WeChat named "Juan Zi" from Henan so thin full belly fat burning capsules slimming agents, and disposable from "Juan Zi" took 640 thousand yuan, a total of 5000 boxes of slimming products. Liu Kun began contemplating his team boss.

When the boss must first have the products, more people, Liu Kun thought of the Jimo District of Qingdao city Wang Peng. Wang Peng is Liu Kun before the development of offline agents, is an insider, familiar with the rules, understand the process. Liu Kun with the idea of Wang Peng said, the two hit it off, Wang Peng's husband Wang Yongtao is also pleased to join.

After that, Liu Kun will build their own team as a "good thin million official team" in the name of their own national general agent. Three people before the diet drug packaging sales imitation, design their own weight-loss products, named "skinny fat burning formula slimming capsule". Good packaging design, Wang Peng couple found Chengyang District Wang Yanfeng, Huo Changsong, through their management of Qingdao crane hall Biotechnology Co. Ltd. add sibutramine ingredients for its production, and contact Qingdao Jinghong Printing Packing Factory drug packing box and sticker, while the national general agent Liu Kun in his team's throne continue to expand the publicity of new products, the development of offline agents. This new product, cost tens of dollars a box, through layers of agents increase, to the hands of customers becomes 688 yuan, 888 yuan or 1288 yuan a box.

With their loved ones together "to get rich"

Get rich quick after Liu Kun did not forget their loved ones. The second half of 2016, Liu Kun has put his parents back home in Henan, brother sister-in-law and two cousin called over, ready to bring everyone together to get rich. These people, in addition to Liu Kun's mother because the children did not participate in the manufacture and sale of fake pills, the other 5 were involved in criminal activity.

Liu Hongshuang, born in 1964, Liu Kun's father. According to the account of the incident, he and his wife have been in Henan farming, Michi Yoshitomo, diligent, honest is the minimum standard of life. The accident, all the effort and try to pay before all vanish like soap bubbles. Liu Hongshuang said, Liu Kun 2013 followed the villagers came to Chengyang District in painting work, work hard to earn money less. 2015 12 listen to Liu Kun started to micro shop, 6 2016, Liu Kun to give him a call, said business is too busy, let her come to help cook, he came to Liu Kun rental office. At that time saw Liu Kun business medicine shop business is booming, Liu Kun was busy, Liu Hongshuang will help fold weight loss medicine packing box, packing with the instructions etc.. In August, Liu Kun and his sister-in-law Xing Yingying, mother of Lee also called micro shop business. Liu Hongshuang Liu Kun's brother Liu Lei in Guangdong to work to earn less, the Liu Lei also called micro shop business, so a five reunion in Qingdao.

For a long time, Liu Hongshuang found that Liu Kunjin's weight-loss drugs are shot, bare bottles, but also their own trademark stickers, no registration, no appraisal report, no food production license number, is a pure "three noes" products. At this time, Liu Hongshuang inadvertently and listen to Liu Kun say there is a customer complaint this slimming products, he advised Liu Kun, but Liu Kun is a very vexed, Liu Hongshuang also didn't say. "I think is to help children to earn some money." Liu Hongshuang confessed. Liu Kun's cousin Liu Juncheng and Liu who also directed Liu Kun "career" on the upgrade momentum, defected to Liu Kun's, Liu Kun became a member of the national 2000 agents in more than.

The Lord Wang Peng and Wang Yongtao hired the couple, Wang Yanfeng and Huo Changsong, a pair of Guangkaimenlu false weight-loss drug procurement, packaging and marketing, a pair of completely off camouflage, preparation and production of massive false weight-loss drugs. This group of people "slimming team" produced by WeChat, Taobao and other sales platform to the victim at.

More than the defendant of first instance jailed

7 months to 2017 years, the public security organs to transfer the case to the Chengyang procuratorate for examination and prosecution. Prosecutors handling the case review of the complete dossier on the case, found two major problems: one is the record of some of the suspects are said to justify weight-loss drug production and sales in the presence of toxic and harmful ingredients not knowing, but do not know the sibutramine chemical substances; two is the suspect WeChat, Alipay account transaction details and the bank funds flow, lack of evidence, affected the identification of the criminal suspects sales amount. The above problem can be solved accurately, the results will have a substantial impact on the case, the prosecutor handling the case timely review and comparison.

First of all, according to the "high" "on the handling of food safety hazards criminal case applicable legal interpretation" of Article 20 paragraph (two) the provisions of the relevant departments of the State Council released the "food may be illegal to add non food substances list", "health food may be illegal to add substances on the list" the material "into" toxic and harmful non food raw materials, after investigation, sibutramine specified in the Ministry of Health announced the "health food may be illegal to add" in the list of substances. Accordingly, sibutramine is poisonous and harmful substances.

Secondly, the standard of proof that "," Shandong province public security organs to handle criminal cases endanger food security forum conference summary "third on the subjective element of the crime of endangering food safety" should be focused on examining the suspect that whether to perform the duties prescribed by laws and regulations, and fulfill their obligations as an important basis to determine whether the "knowingly", combined with the suspect's confession and other evidence, understanding ability, purchase channels and price, sales channels and other subjective and objective factors to determine from the. To not get food quality certification, inspection and quarantine certificate and other relevant certificates in violation of regulations or no origin certificate valid, one does not provide the sales of food sources and can not provide or refuse, should be identified as' knowingly '"provisions, reasonable deduction allowed under the condition of a strict, including" know "or" should know".

Again, for some of the suspects excuse, prosecutors handling the case of many of its known range arraignment, repeated check and diet drug awareness, will purchase channels and suppliers, suppliers can ensure food safety, food quality certification and inspection certificates, participation time, work content and other aspects of fixed evidence. The final confirmation, Wang Yongtao, Xing Yingying, Liu Lei, Liu Hongshuang, Liu Juncheng, Liu six power is not clear about fake ingredient sibutramine in slimming drugs, but the per capita knowing that their products sold for the "three noes" products, production process, transaction form, customers reflect aspects and false weight-loss drugs have obvious and significant anomaly where, contrary to the basic common sense of life, the six comprehensive presumption of subjective existence of "knowing" in according to the law.

The issue of identification of the suspect sales amount. Prosecutors handling the case of starting procedure of criminal investigation, public security organs in a timely manner to Shenzhen, Hangzhou and other places, the transfer to all suspects WeChat, Alipay, bank cards, a total of 41 accounts of hundreds of thousands of transactions or water. According to the suspects confessed on the evidence, the prosecutor handling the case took more than 30 days, after four rounds of screening, confirmed and compared, found that the amount involved in the Alipay Liu Kun only as much as 610 yuan, the amount of rest is also one check out. In January 25, 2018, the procuratorial organs prosecution of the case in accordance with the law, and on the basis of the amount of money involved each suspect sentencingopinions.

In July 24th, the case hearing, the trial from 8:30 in the morning until 6 in the afternoon, the prosecutor of the facts, evidence and applicable laws have responded to the 10 defendants and commissioned 11 defenders. In September 21st, the court sentenced the defendant guilty and sentenced to penalties.




Source: procuratorate daily

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