Men Earn 90 Thousand Of Their Fake Shoes In Exchange For 5 Years' Penalty And 800 Thousand Fine.

Huang P, a Hunan native, has been operating in the wholesale and retail business of counterfeit Nike, a href= "http:// www.91se91.com/news/index_x.asp" > Adidas "/a" and "http://" brand shoes in the "a http://" www.91se91.com/news/index_p.asp "> Dongguan href= /a" Wanjiang district "for many years, but the business is getting bigger and bigger.

Recently, the reporter learned from the first people's Court of Dongguan that Huang was guilty of selling goods with counterfeit registered trademarks and was sentenced to five years' imprisonment and a penalty of 800 thousand yuan.

Later, Huang made an appeal on the grounds of excessive sentencing. After hearing the case, the court of second instance ruled against the appeal and upheld the original judgment.

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< p > < strong > Case: more than 30 thousand pairs of fake shoes were found in the rental housing < /strong > /p >

< p > since 2008, the defendant Huang Mou CAI has started selling counterfeit New Balance, Nike, Adidas, Jordan, Puma, Converse and other registered sports shoes in shop 20, yuanwujie street, Wanjiang district.

At the end of 2011, Huang Mou rented the warehouse on the two storehouse of a uncompleted residential building next to 1 Lane of Huang Chang street, Wanjiang District, where the above fake a href= "http:// www.91se91.com/news/index_x.asp" > sports shoes < /a > was stored for sale. 1

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< p > police officers found 12670 pairs of sneakers of fake Nike brand (about 11111710 yuan) in the store and warehouse of Huang Mou's wealth, 7130 pairs of fake Adidas brand sneakers (about 5731800 yuan), counterfeit New Balance brand sneakers 16560 pairs (about 10250640 yuan), and captured Huang's wealth.

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< p > < strong > defender: the amount of sales value is too high to be determined at the selling price. The value is less than /strong > /p >

< p > the defendant, Huang Mou, pleaded guilty to the accusation made by the public prosecutor.

Huang Mou financial defender thinks that the amount of sales value of counterfeit brand sports shoes is too high to be prosecute. The actual sales price of the defendant varies from a few dozen to 100 yuan for each pair of shoes, but the appraisal price is between 700 yuan and 1000 yuan. The value of the sale of the defendant should be determined according to the actual price of the defendant (the average price of each pair is 100 yuan, the total value is about 3 million yuan), and the infringing goods seized are not successfully sold, which is an attempted crime.

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< p > < strong > prosecution: the completion of "sales" shall be a criminal accomplishment, < /strong > < /p >.

< p > the public prosecution organ believes that the sales amount of indictment is calculated according to the price appraisal issued by the price appraisal center of the Dongguan Price Bureau. According to the relevant laws and regulations, when the price or the selling price of the counterfeit registered trademark can not be identified, the price authentication center of the Dongguan Price Bureau as a statutory authority authorized to approve the price can check the market price of the stolen goods, so the case should be calculated according to the price appraisal made by the Dongguan Price Bureau's price authentication center to calculate the sales amount of the defendant Huang Moucai.

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< p > in addition, the defendant has sold five years of counterfeit registered trademark goods and has already had a considerable scale in the locality. The counterfeit sports shoes seized by the public security organs at the scene have more than 3.6 thousands of pairs, showing that the number of wholesale and retail sales is large. Therefore, the defendant's "sales" behavior has been completed, and his crime has been successful. At that time, the crime has been accomplished.

The defendant's claim that the stolen property has not yet entered the market and has not caused serious social harm, so the defense of the attempted crime can not be established.

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< p > Huang Moucai, the defendant, has constituted the crime of selling counterfeit registered trademarks, and shall be punished according to law.

According to the defendant's criminal plot and criminal repentance, the court sentenced the defendant Huang Mou financial crimes to sell counterfeit registered trademarks and sentenced him to five years' imprisonment and a penalty of 800 thousand yuan.

The case was upheld by the second instance.

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