"This wine price is really cheap. "This wine price is really cheap..
"Mouthfeel is suitable had slipped to leave an opening, pretty good. Pretty good..
"Come brother, cheer! Cheer!!
The friend that likes high wine knows red star a strong spirit usu. made from sorghum certainly, this well-known liquor trademark because mouthfeel sweet alcohol, the value is relative civilian and be welcomed extensively. This not, 3 bright pair of husband and wife made buy in and sell at a profit " red star a strong spirit usu. made from sorghum " idea.
On April 4, first instance of 3 yuan of courts adjudges complete province publicly first commodity criminal that sell sham registered trade mark are accessary and civil commonweal contentious case.
Reviewing of details of a case
Since 2014, cao of the accused person is such-and-such for obtain expedience, exploit working advantage for many times, carry through railroad, highway content sheds the liquor of a strong spirit usu. made from sorghum that waits for channel to buy registered trade mark of sham Beijing red star, in the sale between the firewood in its home, sale amount amounts to three hundred and seventeen thousand five hundred yuan, gain profit illegally sixty-eight thousand seven hundred yuan.
Some regards Luo Mou of the accused person as Cao of the accused person such-and-such husband, below the case that ties sham liquor in the liquor that knows perfectly well Cao such-and-such sale, still help Cao Mou some undertakes deliver goods is reached pay wine money to wait for the job.
Forensic cognizance
The court thinks via cognizance, cao of the accused person some behavior already formed such-and-such, Luo Mou the commodity blame that sells sham registered trade mark. After person of two the accused is brought to justice, admit one's guilt contrition attitude is true, exit total illegal income actively, be in of the court chair below, sue a person to reach intercessory agreement with commonweal lawsuit, pay compensatory fund RMB 317509 yuan, agree to issue apologetic announcement on city class the press.
Considering this case person of two the accused commits a crime expression of clue, contrition and selling sham liquor is alcohol content only did not amount to national level product, did not cause undesirable consequence to society and consumer, the community that sentences blame imprisonment punishment to live to place to its does not have great and bad influence and do not send jeopardize a society again, the court sentences Cao Mou some set term of imprisonment 3 years lawfully, probation 4 years, punish golden RMB 70 thousand yuan; Sentence Luo Mou lawfully some arrest battle 6 months, probation 10 months, punish golden RMB 70 thousand yuan; Prohibit 2 people in probation food production, sale and relevant activity undertake inside test period.
Law link
" criminal law of People's Republic of China "
The 214th
The sale knows perfectly well the commodity that is sham registered trade mark, sale amount number is larger, be in 3 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment; Sale amount amount is huge, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
" procuratorate of top people court, top people encroachs case of intellectual property criminal about dealing with specific application law the explanation of a certain number of problems " the 2nd
The sale knows perfectly well the commodity that is sham registered trade mark, sale amount is in of 50 thousand yuan of above, belong to what criminal law sets the 214th times " number is larger " , ought to sentence 3 years of the following set term of imprisonments in order to sell the commodity blame of sham registered trade mark or arrest battle, be in gold of only perhaps punishment.
Sale amount is in of fifty thousand and twenty yuan of above, belong to what criminal law sets the 214th times " amount is huge " , ought to sentence 3 years of above in order to sell the commodity blame of sham registered trade mark 7 years the following set term of imprisonment, punish gold.
