Selling Fake Clothes In Exchange For A 21 Million 510 Thousand Ticket &Nbsp; Hunan Farmers Have Appealed.

The "sky tolls" case in Pingdingshan, Henan, has just been concluded this month.

Such a "sky ticket", in addition to let Li Qing's wife Li Hongying sigh, "ten lives can not afford to lose", but also caused controversy among the public: what is the basis for the court to impose a sky high fine? Should it be a crime of counterfeiting registered trademarks or selling counterfeit registered trademarks? Is Ordos police entitled to cross province to arrest Li Qing? At present, Li Qing has appealed to the the Inner Mongolia Autonomous Region Higher People's court.

With all the doubts, the reporters launched an investigation in their Hunan, Chenzhou and other places.

Li Qing's defender, Nan Xindan, a defense lawyer at Hunan good road law firm, said that some of the vendors who were arrested were only fined tens of thousands of yuan, and some were sentenced to probation. Li Qing seemed to be a "super bad egg".

But the influence that he caused quickly spread, and drew a "frightened bird".

Sluice down

The shopkeeper became a "frightened bird".

Li Qing's captured market is located on the road beside the old train station in Chenzhou. The staircases and passages of old buildings scattered around the plastic bags.

The market is made up of 10 square meters of small shops. This is the famous clothing wholesale market in Chenzhou.

A staff member of a large logistics company on the two floor said that about 40% of the clothes in and out of the market were sweaters, and there were two brands.

Li Qing's shop is on the two floor, and the market is hung with red banners to crack down on fake and shoddy products. Although shopkeepers operate as usual, customers are scarce.

Li Qing's shop door is closed, and about four or five clothes are hung on walls or on models.

Most of the shopkeepers in the neighborhood are cautious about their situation, and they call it "do not know or know".

On the opposite side of Li Qing's shop, selling a sweater with the brand name "Eryuan Xiang" is easy to remind people of the two famous sweater brands, Ordos and Heng Yuan Xiang, and the price tag of several sweaters in the shop is 2180 yuan.

Through inquiries, reporters found that the supply of the brand exporters are Zhejiang Pu Yuan, incidentally, Li Qingjin's fake also came from Zhejiang Pu Yuan.

The shopkeeper obviously did not want to explain more, claiming that he had to get out of the shop and close the shutter door.

Later, the reporter took out a camera to shoot Li Qing's shop.

In a short time, dozens of shops on the two floor shut down and shut down, and in a short time most of the shops were closed.

There are shopkeepers claiming to be customers to ask reporters: "what are you doing? Why are you here?"

It is reported that since last December 15th's arrest, local business departments often come to inspect.

Shopkeepers mainly do cheap wholesale and online shopping business, and feel very anxious.

Couple arrested

The same prison is still in debt.

Li Qing and his wife Li Hongying were arrested. She was arrested with her husband on the two floor of the fuming market. Later, due to pregnancy and bail pending trial, and the debt of creditors, Li Hongying spent a nightmare year.

In December 21st, Li Hongying received an interview. She flashed words and even said she did not remember when to get married. She forgot about some key time and figures.

Li Hongying said that she and Li Qing were both people in Guiyang County of Hunan province. Li Qing used to sell old shoes in the town to make a living. Two people had only two grades in primary school.

The shops in the rich people's market were pferred from the original owners several years ago. At the very beginning, they sold mainly women's bags and fashions. The rent was thousands of dollars a year, which helped to revitalize the business, and the couple borrowed tens of thousands of yuan from their relatives and friends.

In general, Li Qing saw other people selling sweaters, and then went to Zhejiang to see the only one.

In August last year, the couple began to operate fake cardigan businesses such as Ordos and Heng Yuan Xiang until they were arrested.

Li Hongying said that she spent most of her time caring for her 13 year old daughter. He knew nothing about the true, false, quantity, and source of his sweater. "After he came back from Zhejiang, he called directly from the upstream."

Li Hongying described that at 4 p.m. in December 15th last year, a policewoman with a Hunan accent came to the store with two tall plainclothes policemen. The woman was a local policeman in Chenzhou. She showed her credentials, said he was in charge of law enforcement, and two policemen came from Inner Mongolia.

After checking the goods, Li Hongying was caught. Li Qing was in the toilet at the time. He was also arrested after coming back. The police buckled the goods, and the two were detained in the Dongsheng District detention center of Ordos City.

Nan Xin Dan said that the inspectors were inspectors of the Ordos Cashmere Group, and the two people were also caught in the "muzzle". Last November 19th, the Ministry of public security held a teleconference to mobilize the national public security organs to launch a special action against the infringement of intellectual property rights and the manufacture and sale of counterfeit and inferior commodities. The Inner Mongolia public security was a hit this time.

Since then, the life of Li's husband and wife has changed radically.

Nan Xin Dan said that the upstream owner Huang Luying and Huang Qiuying came to the house, but the goods had been seized by the police. The local court in Chenzhou had frozen the houses of Li's family for sale.

Because Huang Luying and Huang Qiuying sold two people without "OEM shirts", and the court did not pursue their legal responsibilities.

Hard to return

40 million penalty 20 million

The case was prosecuted by the people's Procuratorate of Ordos City. It was found by public security organs that in mid August 2010, Li Qing ordered a batch of "blouses" from Huang Luying and Huang Qiuying, the boss of the sweater wholesale market in Pu Yuan Town, Zhejiang province. After paying part of the deposit, Li paid the goods for sale and then repaid them.

Li then bought 22 thousand sets of "Ordos" registered trademark labels from Zhou Jin Zhu, 7000 registered trademarks of Heng Yuan Xiang, and 1000 sets of registered trademarks and trademarks of Montagut, and found "small land" with special sewing trademark locally, and the trademark sold by Zhou Jinzhu was bought from a dealer named "Zhong Zhong".

After the incident, Li Qing offered Zhou Jinzhu and others to take the initiative, but "A Zhong" and "Xiao Lu" were still at large.

In December 15th, the public security organs seized 4351 counterfeit Ordos sweaters with a price tag of 2180 yuan, and 17403 Ordos sweaters at a price tag of 1680 yuan, and 4433 yuan of counterfeit "Heng Yuan Xiang" sweaters at a price tag of 968 yuan. The price tag of all sweaters was 43013364 yuan.

This became the basis for the court's final decision.

According to the twelfth provision of the Supreme People's court and the Supreme People's Procuratorate on the interpretation of certain issues concerning the specific application of laws in criminal cases involving infringing intellectual property rights, the amount of illegal business refers to the value of manufacturing, storing, pporting and selling infringing products in the course of infringing intellectual property rights.

The value of the infringing product sold is calculated according to the actual selling price.

The value of the infringing products manufactured, stored, pported and unsold is calculated according to the marked price or the average price of the infringing products and the actual sales.

Where the infringing product is not priced or is unable to find out its actual selling price, it shall be calculated according to the market intermediate price of the infringing product.

The court held that the actual selling price of the infringing product in the case could not be found, so the price of the illegal business was calculated by the tag price.

In September 21st this year, the Erdos intermediate people's court decided that Zhou Jin Zhu had committed a crime of selling a registered trademark logo illegally manufactured, and sentenced him to four years' imprisonment and a fine of 70 thousand yuan. The defendant, Li Qingfan, was guilty of counterfeiting a registered trademark and was sentenced to 5 years' imprisonment and a fine of 21 million 510 thousand yuan.

26187 counterfeit sweaters handed down with the case were confiscated according to law.

Li Hongying said, "about 21000000 yuan, I can not afford to spend ten lives, only appeal."

Wang Fukui, another lawyer, said: "the amount of illegal business stipulated by law is not used by the tag price.

He actually sold for several months, a total of only 60 thousand yuan of goods, the profit is only 10 thousand yuan.

Nan Xin Dan said Li Qing had appealed to the Inner Mongolia Higher People's court.

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Focus one

Is it sold at the tag price?

After the disclosure of the case, the controversy focused on the identification of "illegal operating amount" of Li Qing.

During the trial, Nan Xin Dan provided a CD-ROM and a record of buying and selling on Taobao, which proved that the actual selling price of the sweater was about 130 yuan per piece.

But the prosecutor thinks that this can only prove the selling price of the shop, and can not prove that this is the actual selling price.

Li Hongying also said that they knew nothing about Internet sales.

For the actual sales price, Li Hongying's argument is that the tag price is 1680 yuan per piece for only 50 yuan, the tag price is 2180 yuan, and each item sells for more than 150 yuan.

But Li Qing told Nan Xin Dan that in December 15th last year, the public security had seized two computers and books, which recorded the actual selling price of each sweater, but Nan Xin Dan found that the account books and computers were not handed over to the court. Li Qing also insisted that the list of seizures had not been completed on the spot.

The public prosecutor's response is "unwarranted": "the existing evidence does not prove that the main engine is to allow the public security organs to seize."

Li Qing's defense lawyer Wang Fukui believes that this is the biggest omission of the case: "for the actual sale of 446 woollen sweaters, the average price should be checked one by one to calculate the amount of illegal business.

However, the facts are not clear and the evidence is insufficient.

In order to verify the matter, the reporter asked Hao Yao, Na Risu, the investigative detachment of the Ordos Public Security Bureau, who arrested Li Qing and his wife, but two refused to respond.

Lu Bo, the prosecutor of the Ordos Procuratorate, said she had initially handled the case and asked the public security bureau to explain the evidence of the defendant's computer and account books, but later she took a maternity leave and how it was unclear.

Focus two

Why can we use inter provincial arrest?

Another focus of the case is inter provincial arrest and cross provincial trial.

In August 3rd this year, Wang Fukui submitted a lawyer's opinion to the presiding judge.

The twenty-fourth provision of China's Criminal Procedure Law stipulates: "criminal cases are governed by the people's courts of the criminal places."

The place of crime refers to the place of the crime. Li Qing's crime is in the Northern Lake District of Chenzhou. Ordos is neither a criminal or a place of crime nor the place of the crime.

At the same time, according to the opinions of the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security on issues concerning the application of law in criminal cases involving intellectual property rights infringement, crimes committed against intellectual property rights are investigated by public security organs at the crime sites.

Therefore, the Erdos Public Security Bureau has no power to file investigation.

However, the Ordos court made a tit for tat response in the court's judgment, and the violation of intellectual property crime cases could be investigated by the public security organs on the basis of the result of the actual infringement of the obligee.

The Ordos City, the trademark owner of Inner Mongolia Erdos Cashmere Products Co., Ltd. is the result of the actual violation of the crime.

In February 21, 2010, the Ministry of public security's Economic Investigation Bureau issued a notice on the issue of jurisdiction over the issuance of counterfeit "Ordos" trademark cases. The Ordos Economic Investigation Detachment has the right to criminal investigation, and the people's Procuratorate and the court can exercise procuratorial power and jurisdiction.

Wang Fukui's defense opinions were therefore rejected.