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Farmers Sell Fake Brand-Name Woolen Sweaters Fined For Sky High Price

2011/12/16 9:44:00 23

Li Qing, a farmer in Guiyang County of Hunan Province, was guilty of counterfeiting registration.

trademark

The crime was sentenced to 5 years' imprisonment and a fine of 21 million 510 thousand yuan by the intermediate people's Court of Inner Mongolia Erdos.

It originated from the counterfeit "Ordos" and "Heng Yuan Xiang" brand which he came in from August last year.

Cardigan

。

The matter was later passed on to the Internet, and the price of the matter was disputed.

The price tag of Li Qingjin's fake wool sweater is 968, 1680, and 2180 yuan.

This is also the basis for the court's judgement of astronomical price.

His record in Taobao shows that the court's final tag price is 10 times the actual selling price of these garments.

The sale of counterfeit goods is interprovincial arrest.

Recently, netizens "Li Gen" disclosed the case in blog.

In August 2010, Li Qing, a farmer in Guiyang County of Hunan Province, started with his relatives and friends.

clothing

Business. He rented a shop in the Fumin market of Chenzhou to run cardigan.

"Li Gang" said that in December 15th of that year, the Inner Mongolia Erdos Public Security Bureau Economic Investigation Detachment sent people to the store to capture Li Qing and others, and seized all the clothing and sales Computers in the shop, on the ground that it was "suspected of selling counterfeit trademark goods".

Later, Li Qing was sentenced to 5 years' imprisonment and a fine of 21 million 510 thousand yuan for being guilty of counterfeiting registered trademarks.

After the ruling came out, the fine of the sky price caused controversy.

Xiao Jun, Li Qing's brother-in-law, told reporters that since August last year, Li Qing has made up a sum of money to rent shops for sweater business.

In the meantime, through purchase channels, Li Qing ordered a batch of woolen sweaters in a small workshop in Tongxiang, Zhejiang province.

According to Xiao Jun's statement, there are many fake sweaters affixed to the local market, which are labeled "Ordos" and "Heng Yuan Xiang" and so on. There is a complete set of procedures for the purchase of goods in Tongxiang, Zhejiang.

Li Qing has only been there once. The woolen sweater is produced in a small workshop such as Huang Luying and Huang Qiuying, and then the sewing trademark owner buys the trademark sewing from Zhou Jin Zhu, and finally takes the logistics to Chen Zhou Railway Station. Li Qing is responsible for making money for these people.

4 months later, the Ordos police caught up with Li Qing and others in cooperation with the local police.

The case took place in Chenzhou. For the reason of interprovincial arrest, the reporter called the Erdos Public Security Bureau Economic Investigation Detachment yesterday, and the telephone was not connected.

The Ordos intermediate people's court believes that the police are based on a notice issued by the Ministry of public security's Economic Investigation Bureau.

According to the notice issued in February 21, 2010, under the precondition that the public security organs of the main crime area do not disagree, the Erdos Public Security Bureau Economic Investigation Detachment shall investigate in accordance with the law the crime of "Ordos" trademark suspected of counterfeiting the Ordos group.

The court fined at the price tag.

The fact is that the Ordos central hospital has identified the fake "Ordos" woolen sweater with a price tag of 2180 yuan and a total of 4351 pieces of counterfeit Ordos sweaters at the price of $4351 each. The counterfeit "Ordos" sweater is 17403 pieces each with a tag price of 4433 yuan, with a price tag of 968 yuan for each counterfeit "Heng Yuan Xiang" knitted sweater, a total price of 26187, and the tag price of the tag is 43013364 yuan.

The price tag of the about 43000000 was identified as "illegal business amount" by the court.

In the end, Li Qing was sentenced to 5 years' imprisonment and a fine of 21 million 510 thousand yuan.

Li Qing, the defense attorney of Inner Mongolia Xinguang law firm, said that the price of the tag was ten times higher than the average selling price of the market, according to Wang Fukui.

It submitted Li Qing's sales CD-ROM to the court. The price of Erdos sweater sold by Li Qing was 100 yuan, 120 yuan and 150 yuan respectively, and the average selling price of Li Qing on the Internet was 147.54 yuan.

Wang Fukui's defense opinion was not adopted by the Erdos intermediate people's court.

The court held that the actual sales amount of infringing goods could not be identified, so the "tag price" was applicable.

Sky fines also involve qualitative cases.

Wang Fukui said, "all the counterfeiting procedures have been completed in Tongxiang", and Li Qing is only selling. Therefore, it should not be convicted of counterfeiting registered trademarks, but should be convicted according to the crime of selling counterfeit trademarks.

Moreover, because some goods are not sold, there is a case of "attempted crime" and should be given a lighter punishment.

Wang Fukui said, from the current situation, Li Qingzhi sold more than 400 pieces in 4 months, with a total sales volume of only 6 yuan, earning 10 thousand yuan, and being punished by 21 million 510 thousand yuan is not appropriate.

At present, the case has been appealed to the Inner Mongolia high court.