A Man In Haining Was Severely Punished For Selling Counterfeit Registered Trademark Goods

Fake famous brand products are despised by people. Zhang, who opened a shop in Haining to sell handbags, bought 66 handbags and 4 belts with fake registered trademarks of "HERMES" and "CHANEL" from Guangzhou, which cost 12000 yuan in total.

How much trouble can it cause to bring 66 fake bags and 4 fake belts back to the store? In the eyes of ordinary people, they were at most investigated and punished by the industrial and commercial department, and fined. Zhang was also holding this idea at the beginning. Unexpectedly, these fake goods came to Haining and sent him to the court before they helped him earn any money.

Yesterday, the reporter learned from the Haining Court that Zhang was sentenced to two years and six months of imprisonment, three years of probation and 600000 yuan in the first instance of the court for the crime of selling counterfeit registered trademarks. At the moment of hearing the verdict, Zhang, a tall man, bent down in the court with a cry of "Alas".

Fake nameplates are kept in secret warehouses

Zhang has opened a shop in Haining for many years. At the end of last year, in order to make more profits, Zhang had the courage to buy 66 purses and 4 belts with fake "HERMES" and "CHANEL" trademarks from Guangzhou, which cost 12000 yuan in total.

After Zhang came to Haining with fake brand-name products, he always felt insecure. He dared not put these things in the store, but found a secret warehouse with an area of only more than 2 square meters. "If someone asks if there is a high imitation brand bag, I will take them there to see." Zhang thought at the beginning.

However, after the fake bags and belts arrived at the secret warehouse, they did not welcome a customer, but first led the industrial and commercial personnel to the door.

In March this year, in a routine inspection, Haining Industry and Commerce Department seized all the fake goods of Zhang. After identification by relevant parties, the lowest value of these counterfeit brand bags involved was 20000 yuan, the highest was more than 100000 yuan, and the total value of the counterfeit goods purchased by Zhang was more than 3.55 million yuan.

The court sentenced and fined

The counterfeit goods purchased for 12000 yuan are worth more than 3.55 million yuan! This number will eventually send Zhang to court.

"Since I started my business, customers often come to me to ask if there are some high imitation famous brand bags. It is the customers who want to buy this kind of bags. I just entered this kind of bags because of this demand." In the court, Zhang Mou said with great regret that the average purchase price of this batch of bags was more than 300 yuan per bag, but before one of them was sold, it was on the market.

The court held that Zhang should be prosecuted for his criminal responsibility for the crime of selling goods with counterfeit registered trademarks because he knew that the amount of goods he sold was huge. Considering that the commodity was seized before it was sold, which was an attempt to commit a crime, and Zhang truthfully confessed his crime after the crime, Zhang was finally sentenced to two years and six months of imprisonment, three years of probation, and a fine of 600000 yuan. Fake famous brand products were confiscated and destroyed.

"I know that famous brand bags are very expensive, but I didn't expect that they would cost more than 3 million yuan. My child is only 13 years old, and I have kept a record of the case; business has been difficult in the past two years, and a fine of 600000 yuan is imposed, alas..." Zhang Mou looked distressed.

The judge said that the fine was determined according to half to one time of the amount involved in the case. Because Zhang had the circumstances of being lighter or mitigated, he was finally fined 600000 yuan.

Penalty for sales exceeding 50000 yuan

The total purchase price of counterfeit brand-name products is only more than 10000 yuan, and Zhang also prepared to sell each bag at hundreds of yuan after purchasing. He hasn't sold one yet. How can he pay such a heavy price?

The judge said that Article 214 of the Criminal Law of China stipulates that anyone who knowingly sells goods that are counterfeit registered trademarks and whose sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount of sales is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

"According to the relevant judicial interpretations in China, the sale of goods that are known to be counterfeit registered trademarks, with a sales amount of more than 50000 yuan, is a 'large amount' as stipulated in the Criminal Law; the sale of goods with a sales amount of more than 250000 yuan is a 'huge amount'." The judge said that Zhang was still selling fake brand bags, subjectively with criminal intent, He was investigated and dealt with by the industry and commerce department before sales, which is an attempt to commit a crime. According to the law, he can be given a lighter or mitigated punishment compared with the accomplished offender.