The husband and wife produced fake pesticides and packaged them into an "international well-known enterprise" in order to broaden their sales

Source: China Youth Daily declared in the company profile column that Qingdao DuPont is a national designated pesticide manufacturer, specializing in the research and development of agrochemicals, with self-support import and export rights, annual sales revenue of more than 2.
7 billion yuan, and technology through multiple authoritative certifications, etc.
Under these false auras, renting a house as a factory building, mixing the raw materials purchased from the agricultural material market in proportion, and filling them by hand into exquisite packaging, has become the big-name pesticide promoted on the company's website
.
The fake pesticides produced in this way were sold across the country through the Internet and WeChat, with 2,000 sales records, and the amount involved was nearly 8 million yuan
.
Prosecuted by the Procuratorate of Chengyang District, Qingdao City, Shandong Province, on February 8, the court sentenced the defendants Zhang Moumeng, Huo Mouyong, and Wang Mouen to 15 years’ imprisonment and fined 1 million yuan for the crimes of producing and selling counterfeit and inferior products.
It ranges from RMB to 3 million
.
The three defendants refused to accept the judgment of the first instance and filed an appeal
.
Currently, the case is under trial in the second instance
.
Why did the company ship from Zhengzhou in Qingdao? In 2018, Mr.
Qi, who runs an agricultural material station in Shandong, saw an advertisement in a magazine called Qingdao DuPont Chemical Group Co.
, Ltd.
(hereinafter referred to as "Qingdao DuPont") promoting pesticides, Mr.
Qi I checked the company on the Internet and found that the company’s information displayed on the website is complete and looks very formal
.
So, Mr.
Qi contacted the staff of this company based on the phone number left on the website.
The one who answered the call was a woman who called herself Su Man.
Later, Mr.
Qi added the other party’s WeChat and told the other party that he wanted to buy some abamectin.
And carbendazim
.
After that, Mr.
Qi credited more than 6,000 yuan into an account provided by Su Man whose payee was Chen Mo.
The bank where the account was opened is in Qingdao
.
Meanwhile, due to logistics problems, Mr.
Qi contacted Su Man, who gave Mr.
Qi a WeChat account from a manager named "Chen Yu"
.
After tossing around, Mr.
Qi finally received the pesticide he ordered
.
However, the careful Mr.
Qi found some abnormal information on the express note: the delivery address is Zhengzhou City, Henan Province
.
Qingdao DuPont is located in Chengyang District, Qingdao.
Why are the goods shipped from Zhengzhou? So, Mr.
Qi contacted Chen Yu and prepared to ask what happened, but Chen Yu did not respond. .
The attitude of the seller made Mr.
Qi doubt the "life experience" of this batch of pesticides
.
After some thinking, Mr.
Qi decided to go to the company's location to find out
.
According to the address indicated on the company’s website, Mr.
Qi came to Qingdao Chengyang District Industrial Park, but he did not find Qingdao DuPont here, so Mr.
Qi called the Qingdao Chengyang District Government’s hotline to reflect the matter, and Part of the pesticide purchased was provided to the Comprehensive Administrative Law Enforcement Bureau of Chengyang District, Qingdao City
.
After investigation, Qingdao DuPont had no registration information.
The 40% carbendazim suspension produced by Qingdao DuPont submitted by Mr.
Qi was found to be unqualified after inspection
.
The registration numbers of the above-mentioned pesticides are those produced by other pesticide production enterprises that have not obtained the pesticide registration certificate
.
According to the relevant regulations of the Pesticide Management Regulations, the pesticides purchased by Mr.
Qi are fake pesticides
.
The clue was quickly handed over to the public security organs
.
After preliminary investigation and judgment, the public security organs discovered that Zhang Moumeng, Huo Mouyong and Wang Mouen living in Huiji District, Zhengzhou City, Henan Province were suspected of committing major crimes
.
On May 29, 2019, the three were arrested and brought to justice
.
Public security officers seized 12 kinds of fake pesticides in production, 7 tons of chemical raw liquid for processing, and product packaging from Wang's humble production site
.
So far, a fake pesticide den with a sales period of five years and a nationwide sales area has been destroyed
.
Claiming that the company is a national designated pesticide manufacturer Zhang Moumeng and Huo Mouyong are a couple.
Zhang Moumeng, born in 1990, worked in a pesticide sales company in Henan after graduating from University.
This work experience made her familiar with pesticides.
Basic sales process, and mastered some professional knowledge of pesticides
.
Around 2015, Zhang Moumeng and Huo Mouyong decided to set up their own businesses
.
They found someone to make the website of "Qingdao DuPont Chemical Group Co.
, Ltd.
" and positioned this fictitious company in the Industrial Park of Chengyang District, Qingdao City, Shandong Province. .
In the company profile column, it is declared that Qingdao DuPont is a national designated pesticide manufacturer, specializing in the research and development of agrochemicals, with self-support import and export rights, annual sales revenue of more than 2.
7 billion yuan, and technology through multiple authoritative certifications
.
Under these false auras, Qingdao DuPont was packaged into an internationally renowned enterprise dedicated to the production and research and development of professional pesticides
.
With the dazzling and exquisite packaging, Zhang Moumeng and Huo Mouyong then found Wang Mouen
.
Wang Moen, who is in his early 50s, is an ordinary farmer in the suburbs of Zhengzhou, Henan, and does not have any pesticide production qualifications
.
He rented a house as a factory in a community in Huiji District, Zhengzhou City, and made corresponding "pesticides" according to the "order" of Zhang Moumeng and his wife
.
The process of pharmacy is simple: the raw materials purchased from the agricultural material market are mixed in proportion and filled by hand into the packaging bag provided by Zhang Moumeng and his wife, which becomes the big-name pesticide promoted on the website
.
If the order is large, Wang Mouen will temporarily find someone for filling
.
After the fake pesticides are produced, Wang Mouen will deliver them by express delivery according to the buyer's address, the name and quantity of the pesticide purchased and other information provided by Zhang Moumeng and Huo Mouyong
.
After that, Zhang Moumeng and Wang Mouen settled the logistics costs
.
According to statistics, from 2015 to 2019, Zhang Moumeng and his wife sold fake pesticides made by Wang Mouen to more than 200 cities in all provinces of the country except Hong Kong, Macao and Taiwan, with 2000 sales records
.
The husband and wife played six or seven roles respectively.
In order to make DuPont Qingdao look more formal and not to reveal their true identity, Zhang Moumeng and his wife used false identity information to register multiple mobile phone numbers and WeChat accounts, using the cover of the Internet.
Started a "one person with a thousand faces" life
.
Today they are the salesperson "Su Man", tomorrow they will be "Manager Chen", and the day after tomorrow they may be "DuPont Accounting"
.
In this way, the husband and wife played six or seven roles respectively
.
Huo Mouyong even borrowed the ID card of his classmate Chen Moumou, and went to Qingdao to open four bank accounts for the use of pesticide sales, which convinced buyers of the existence of DuPont Qingdao. .
After the incident, the public security organs went to various parts of the country to look for purchasers of pesticides based on sales records
.
Buyers generally report that although these pesticides are a little cheaper than regular pesticides, they are not effective and fail to achieve the purpose of killing insects and weeds.
They have to be reworked many times after use, which damages crops and compensates for labor
.
In July 2019, the case was transferred to the Qingdao Chengyang District Procuratorate for review and arrest
.
Zhang Moumeng, who confessed normally when he first arrived at the case, went uncharacteristically during the review and apprehension stage.
He withdrew the confession completely, saying that he knew nothing about everything, and was run by his husband Huo Mouyong, and he only occasionally helped Huo Mouyong answer the phone; Huo Mou Although Yong did not revoke his confession, he also "excelled" for his wife, saying that his wife seldom participated and was mainly in business
.
Based on evidence from some buyers’ testimony, transaction records, logistics information, etc.
, the prosecutor determined that Zhang Moumeng’s defense was not credible.
Not only did Zhang Moumeng know the crime, he was also the main perpetrator of the crime.
All three had reached the conditions for arrest.
The arrest of three persons was approved in accordance with the law
.
Years of case handling experience and keen professional sense have made the case prosecutors realize from this "Wife Singing Husband" that they must do solid objective evidence in order to ensure that they will win this "war" in court in the future
.
Examining 19 handwritten ledgers to uncover the fog.
In September 2019, the case was transferred to the Chengyang District Procuratorate for review and prosecution
.
The investigating agency supplemented relevant evidence in accordance with the supplementary investigation outline, found more buyers, retrieved bank account records, and sorted 19 handwritten account books into electronic versions by sales area
.
According to the total amount calculated after the account books were sorted, the amount of crime transferred by the investigative agency for review and prosecution was more than 8 million yuan, but the amount of crime committed by Zhang Moumeng and Wang Mouen was not distinguished
.
The suspect did not have a formal account book.
The production and sales records of Zhang Moumeng and his wife were 19 handwritten account books seized on the spot by the investigative agency
.
These 19 account books are classified by time and the name of "sales person".
For example, "2015 Su Man" is the situation of sales as "Su Man" in 2015
.
The densely packed accounts record each buyer's personal information, purchase items, sales amount and other key information.
It seems to be a clear and simple running account, but when you look closely, it is also mixed with special recording methods that only the recorder understands.
And the law, each symbol, each color represents a different meaning, the meaning of which even Huo Mouyong does not understand, only the recorder Zhang Moumeng knows
.
These 19 sales records are the key evidence in this case, and the investigative agency also superimposed the amounts recorded in these sales records and found a crime amount of more than 8 million yuan
.
The prosecutor handling the case believes that this method of calculation has two problems in its proving power: First, how to prove to the court the records in these 19 books of accounts, except for the small number of buyers that have been found through testimony, transfer records, etc.
Is each of the rest of the accounts a real sale? According to the preliminary statistics of the investigating agency, there are 2,000 accounts recorded in 19 account books, involving nearly 1,000 buyers, scattered in various provinces across the country, and it is indeed difficult to find all buyers
.
The second is how to determine the amount of Wang Moen's crime? According to the law, the crime of producing and selling counterfeit and inferior products with a sales value of more than 2 million yuan shall be sentenced to 15 years in prison or life imprisonment, and a fine of more than 50% but not more than two times the sales amount or confiscation of property
.
Therefore, the detailed calculation of the amount of crime committed by each suspect directly affects their final sentencing
.
The prosecutor handling the case decided to start with the relevance of accounts and bank transfers.
As long as the buyer’s name, amount, and time of purchase recorded in the accounts can be consistent with the bank records, a complete chain of evidence can be formed and the sales amount of the three can be determined.

.
However, this seemingly simple step requires a lot of work and careful thinking
.
There are 7 known bank accounts involved in the case.
Zhang Moumeng and his wife started producing and selling fake pesticides in 2015, and it took nearly five years to the time of the case.
The transaction flow in this case is not only large, but also complicated in time.
It is not easy to clarify the relationship between handwritten account books, bank records, and buyers
.
The prosecutor handling the case decided to reorganize all the information in the 19 handwritten account books
.
Starting from the first account book, the prosecutors sorted out the important information in the sales records verbatim on the Excel sheet, and continuously improved the statistical items in the Excel sheet
.
In the end, it was checked with the turnover information of the four accounts under the name of "Chen Moumou" obtained and extracted by the investigative agency from 2015 to 2019.
There were 1,185 sales records that completely matched the bank turnover, totaling more than 7,717,500 yuan
.
The amount of Zhang Moumeng and Huo Mouyong's crimes has been found out, how should Wang Mouen's crime amount be determined? When he first came to the case, Zhang Moumeng explained his "accounting symbol": "Not every order is billed to Wang Mounen separately, but the order amount will be collected at intervals and then paid together.
The time and amount of payment will be drawn and written offline
.
" By summarizing and sorting these specially marked accounts, the amount settled by Zhang Moumeng to Wang Mouen in the account book at the same time and the account between the two By comparison, it is finally concluded that from 2015 to 2019, 71 records of Zhang Moumeng's transfers to Wang Mouen are consistent with those recorded in the ledger, totaling more than 3.
332 million yuan (including more than 7.
7175 yuan)
.
The prosecutor handling the case accurately distinguished and calculated the amount of crime committed by Zhang Moumeng and Wang Mouen.
All three of them should be sentenced to fifteen years in prison.
However, the court distinguished the three of them when imposing fines, reflecting the guilt.
The principle of criminal adaptation
.