The Judgement Of "Price Sweater" Was Abolishing &Nbsp, And The Crime Of "Unnecessary" Could Not Be Hurt.

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Selling fake sweaters "hitting the muzzle"

The fuming market is located on the cooperative road beside the old railway station in Chenzhou, Hunan.

Last December 15th, Li Qing and his wife Li Hongying were arrested together on the two floor of the Fumin market. Then Li Hongying had a nightmare year after he was released on bail and was forced to borrow money from the creditors.

Li Hongying said that she and Li Qing were both in Guiyang County of Hunan province. They sold women's bags in the rich market at the very beginning.

Lawyer 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.

"Even if you can't afford ten lives,"

The case was prosecuted by the people's Procuratorate of Erdos city. It was found by the court that in mid August 2010, Li Qingcong and Huang Luying, the boss of the sweater wholesale market in Pu Yuan Town, Zhejiang Province, ordered a batch of "blouses", and Li Zhifu paid part of the deposit.

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".

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.

Li Qing was convicted of "counterfeiting registered trademarks" in the first instance.

Nan Xindan, a defense lawyer, believes that this is a "qualitative mistake in the case". Li Qing should be designated as "selling goods with counterfeit registered trademarks".

"I believe that the sale of counterfeit registered trademarks and the sale and use of forged registered trademarks are independent acts, and there is no intention of joint crime."

In the defense speech, Nan Xin Dan said that in the whole chain, the production, purchase, sale and sewing of the trademarks were completed in Zhejiang. Li Qing's purpose was only to sell, and there was no common illegal income with the Zhejiang side.

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.

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

The court withdrew the first instance decision.

Li Qing said that most of the counterfeit Ordos sold to online shoppers, and he sold 130 yuan or 140 yuan each item at the highest price of seventy or eighty yuan each.

When shoppers find that they are fooled, most of them will complain to Taobao, and they will also be posted on the Internet.

It is the buyer's complaint on the Internet that has aroused the attention of Erdos, which will go to Chenzhou to investigate the case.

On the evening of December 27th, the reporter learned from Li Qing's wife Li Hongying that the high court of Inner Mongolia had rescinded the first instance judgment of the Erdos Intermediate Court on Li Qing's case, for the reason was "unclear facts and insufficient evidence" and sent it back for retrial.

After the disclosure of illegal business amount became the most doubtful 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 selling 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 piece sells for more than 150 yuan, making a total profit of around 10 thousand 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."

Lawyer Wang Fukui thinks 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.