r47wX4eF0 on "A netizen named "Justice suitors"

r47wX4eF0 — Wed, 18 Nov 2015 07:48:27 +0000

10,000 yuan profit by selling confession, the court ruled that 21.51 million yuan fine. Recently, differences between this group number will be manufactured together counterfeiting registered trademarks, selling fake brand-name cases sweater pulled into the public eye, sparked heated debate. Inner Mongolia Autonomous Region Higher People's Court revoked "Li Qing vendors involved sentenced to 5 years imprisonment,http://libdspace.biwako.shiga-u.ac.jp, and fined 21.51 million yuan," the first-instance judgment, remand. Reporters to understand Ordos City Intermediate People's Court "astronomical penalty" comes from. ■ cases playback Selling profit 10,http://www.renzido.com/bbs/forum.php?mod=viewthread&tid=3430&fromuid=3107,louboutin outlet,http://www.kazenoko-club.com/bbs/yyregi.cgi?mode=admin,000 yuan a fine of 21.51 million yuan August 2010, Li Qing Hunan vendors to acquaintances Zhou Jinzhu purchased 30,000 units registered trademark "Erdos", "Heng Yuan Xiang" and other illicit manufacture. Subsequently,moncler femme, Li Qing has purchased more than 20,000 pieces of "Baipi shirt," and on top nailed trademark, brand name sweater packaged in the shop Chenzhou Fumin mall located primarily through its own sales Taobao. After online shoppers found fooled, they have to Taobao complaints posted on the Internet to denounce. It reported net purchase of home, so police took note of Ordos City, Inner Mongolia Li Qing thousands of miles in Chenzhou City. December 15, 2010, in coordination with local police, Ordos City police in Chenzhou Fumin Li Qing mall shops will be captured. Li Qing-store security personnel detained in 2180 yuan price tag for each piece of fake "Erdos" sweater 4351, 1680 yuan price tag for each piece of fake "Erdos" sweater 17403, 968 yuan price tag for each piece of counterfeiting "Heng Yuan Xiang" sweater 4433. Then, by the Ordos City Intermediate People's Court trial, sentenced to sell to the illicit manufacture of Li Qing Zhou Jinzhu trademarks defendant sentenced to 4 years imprisonment and fined 70,000 yuan; sentenced the defendant Li Qing to 5 years imprisonment, fined RMB 21.51 million yuan. ■ cases affected "Astronomical penalty" triggered heated online debate This seemingly ordinary fraud cases since been labeled "astronomical penalty" label immediately after the hubbub on the network. Some netizens said Li Qing sale of counterfeit brand-name sweater, a violation of the legitimate interests of trademark owners, of course, should be held accountable. But defense lawyer Wang Fukui said Li Qing, Li Qing sale of counterfeit "Erdos" sweater more than the price of 100 yuan,http://dalio2o.com/news/html/?37586.html, four months only sold more than 400 pieces, sales of 600 million yuan, a profit only 10 000 yuan. It seems that Li Qing fined 21.51 million yuan is not appropriate. A netizen named "Justice suitors," said: "Punishment should consider the possibility of the collection of fines, if the punishment can not be implemented, it will damage the credibility of the law." "Fined 21.51 million yuan Li Qing home absolutely can not afford,hogan outlet, which is hundreds of years of foreign criminals sentenced to imprisonment are similar lack of practical significance." Many comments on the network are sympathetic to the small traders. The network is also no lack of support "astronomical fines," the netizen. Some netizens said that only heavy fines to stop fakes rampant flooding. Sina microblogging users' happiness came to follow,http://www.meishizhan.net/forum.php?mod=viewthread&tid=18535, "he said:" The penalty to manufacturing and selling were bankrupt,http://store.shopping.yahoo.co.jp/ebest-dvd/0000000463633.html, is a very powerful way, whether it is clothes, food, medicine and other species, where there will be to heavy selling counterfeit and shoddy penalty, then our consumption and clean environment will be one day earlier. " The case ultimately how judgment and wait retrial results. ■ Reporters survey Court explained, "astronomical penalty" reason How the punishment the court is calculated? Are "astronomical fines" can cause the case "empty judgment"? With these questions, the reporter linked to the Ordos City Intermediate People's Court, understand the "astronomical fines," the reason. ● determine charges Ordos City Court believes that Li Qing organizational aspects of the whole fraud, payments were paid to Baipi shirt factory, sale Bidder, embroidered standard factory, then in their own shop, mainly through Taobao sales. Criminal law,http://ricerca.jp, in the absence of the trademark owner's permission, in the same kind of goods "use" of a trademark identical to its registered trademark, belongs to the "fake" behavior. Related legislation clearly stipulates that the implementation of the crime of counterfeiting registered trademarks and the sale of the counterfeit registered trademark and constitutes a crime, in order to be convicted and punished the crime of counterfeiting registered trademarks. ● amount recognized In the first instance, the lawyer Li Qing Wang Fukui provides general commodity prices and a CD on ebay, the prosecutor's cross-examination can not prove that Li Qing shop price sale is in accordance with this,Piumini moncler outlet, therefore,http://tsmart.id.au/index.php/User:Drg5uW44g3#pointing_the_foot_of_the_ground, Erdos Intermediate People's Court is not evidence that the group Li sales amount and sales volume record shop to clear the operation, does not prove the case facts to be proved, were not accepted. The investigating authorities failed to grasp the evidence against the defendant Li Qing has sold sweater,moncler pas cher, can not identify the actual average selling price, only Li Qing seized infringement sweater storage 26187, in accordance with the law, the illegal business volume only seizure of goods in accordance with the price tag on the calculation, totaling 4301 million yuan. ● penalty OK Supreme People's Court, Supreme People's Procuratorate, "on a number of issues to handle criminal cases of IPR infringement interpretation of the law" (b) Article IV: infringement of intellectual property crime, more than double the amount of the fine is generally more than five times the illegal income or with the illegal business volume more than 50% or less doubled determine the verdict 21.51 million yuan penalty is in accordance with the amount of 43.01 million yuan of illegal business of 50 percent determined. According to Xinhua News Agency Share: welcome to comment I want to comment > Related reports: Appeal Hunan farmers selling fake sweater fined 21.51 million after Hunan farmers and selling ten thousand fined ten million profit sweater Yin Zhengyi Microblogging Recommended | today's hot microblogging (edit: SN056)

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