According to the judgment obtained by the reporter of Beiqing-Jingtoutou on 26th, the Intermediate People's Court of Huai 'an City, Jiangsu Province recently made a second-instance judgment on a company that used Liu Hongbin's endorsement advertisement to sell counterfeit drugs, and found Zhang Mokun guilty of selling counterfeit drugs, sentenced him to 3 years' imprisonment, suspended for 5 years, fined him RMB 3 million, and prohibited him from engaging in drug sales and related activities during the probation period. Magic doctor Liu Hongbin was sentenced to 20 14 for selling Sun Simiao's secret recipe. An old lady with silver hair appeared in many drug advertisements broadcast by TV media. This woman who calls herself "Liu Hongbin (Bin)" has multiple identities in the advertisement, ranging from the ancestral Miao doctor to the fifth generation Mongolian doctor, and is also a diabetes expert from time to time. Liu Hongbin is a member of the Rheumatology Branch of the Chinese Medical Association in a TV advertisement promoting "The Prescription of Drug King for Wind Pain". A TV advertisement obtained by a Beijing headline reporter shows that in the advertisement, Liu Hongbin called "Yaowangfengtongfang" a secret recipe handed down by Sun Simiao, a drug king in the Tang Dynasty, which was once used to treat the rheumatism of Emperor Taizong and Li Shimin, and it was also a secret recipe handed down from her family. In the advertisement, Liu Hongbin claimed that "Yaowangfengtong Prescription" has the characteristics of "administering medicine to bone" and "treating rheumatic osteopathy", and issued a hotline for purchasing medicine. Unfortunately, according to the criminal judgment recently published by the Intermediate People's Court of Huai 'an City, Jiangsu Province, the so-called "Yaowangfengtong Prescription" is not a medicine, but it will be sold as a medicine by both advertisements and hotline staff. Accordingly, recently, the court made a second-instance judgment on Zhang Mokun, the boss of the company that sold these counterfeit drugs. According to the judgment issued by the drug court, in July 20 1 1, Zhang Mokun actually invested to set up Beijing Hua yueda Science and Trade Co., Ltd. (hereinafter referred to as Huayueda Company) in Fengtai District, Beijing to engage in TV shopping business activities. On 20 14, Zhang Mokun contacted a company in Yueyang, Hunan Province and a company in Dafang County, Guizhou Province to buy advertising videos, texts, product qualification materials and other samples. Later, knowing that the above two products were non-drugs, Zhang Mokun publicized the product in the form of "Yaowang Health Club" and other health programs on several TV stations, calling it "Yaowang Fengshi Tongfang" and promoting "Yaowang Fengshi Tongfang" as the ancestral secret recipe of Yaowang Sun Simiao, a member of the Rheumatology Branch of the Chinese Medical Association. In this program, the company released a hotline for patients to dial to buy. After promoting the above products on TV media, Zhang Mokun hired employees to distribute the phone calls from patients to the heads and group leaders of all districts of Huayida Company. According to the content and text of the advertising video, the telephone operator of the company promoted "Yaowangfengtong Prescription" to patients in the name of "health consultant" and "health consultant". In the telephone promotion, they also called these two products medicines. However, after investigation by the US Food and Drug Administration in Huai 'an, it was determined that Yaowangfengtong Prescription was treated as fake medicine. After the advertisement with sales close to 2 million yuan made "patients" appear, the relevant departments investigated that Huayida Company sold "Yaowangfengtongfang" for 65,438 yuan+0,954,687 yuan. A "manager" of the company said in his testimony that pharmaceutical manufacturers will send advertisements, speeches and other materials to the company first, and then read the materials to colleagues and organize employee training. "It's usually to watch the commercials first, and then send the text to everyone. When employees answer the phone, they are in full compliance with the requirements of the speech. First of all, they call themselves lecturers and health consultants. And then ask about their illness. After introducing the product, it has a good effect on treating rheumatism. " The "manager" said that the advertisement would promote the product as an ancient prescription for treating rheumatic osteopathy. Some experts explained the knowledge of rheumatic osteopathy and then publicized that the product could treat rheumatic osteopathy. Some patients came forward to say that the product was effective. Staff publicity is also consistent with advertisements and speeches, with the aim of increasing credibility and increasing sales. If the customer agrees to buy, it will be delivered by the courier company and delivered to the cashier. The boss behind the scenes was sentenced to probation and fined 3 million. The court of first instance held that the defendant Beijing Hua yueda Science and Trade Co., Ltd. sold counterfeit drugs and had other particularly serious circumstances. Defendant Zhang Mokun, as the directly responsible supervisor of Defendant Beijing Hua yueda Science and Trade Co., Ltd., all his actions have constituted the crime of selling counterfeit drugs, which is a joint crime. Defendant Zhang Mokun played a major role in the joint crime of * * *, and was the principal offender, so he should be punished according to all the crimes he participated in. The court of first instance convicted Beijing Hua yueda Science and Trade Co., Ltd. of selling counterfeit drugs and fined RMB 6,543,800,000. Defendant Zhang Mokun was convicted of selling counterfeit drugs, sentenced to 3 years in prison, suspended for 5 years, and fined RMB 3 million. Later, the procuratorate protested, and the court of first instance sentenced Zhang to three years in prison and suspended for five years for the crime of selling counterfeit drugs, but did not declare an injunction at the same time, which was an error in applicable law.