Sell sham name wine 8 years more than yuan 940
: of Fujian blame brook? Does suck of right fan of clang of crock write π Tan unbearably?
Yao Wen / caricature
A few days ago, hang out his shingle by the Ministry of Public Security supervise and direct be suspected of cellar of fluid of Maotai of sham flying Apsaras, 5 grain, country 1573, the well-known trademark registered trade mark such as sword Na Chun, Lai Mao one case, sell total amount more than yuan 940, sale abortive amount more than yuan 80, zhou Mou, Liang Mou, Lin Mou is sold with making by forensic first instance respectively the commodity blame of sham registered trade mark, sentence a set term of imprisonment.
Mix the false with the genuine, sell wine of of all kinds holiday
Zhou Mou of 52 years old fastens person of county of Hunan Province Shao Dong, began to run wine water business 2009, in manage, she knew one brewery employer of city of Guizhou Province Ren Huai Xiong Mou, the wine tone that she discovers to Xiong Mou is produced is right, with respect to bud the think of a way that imitates well-known trademark to earn more profit with this. Then, zhou Mou buys the bottle of series bilking cogongrass, box that pack, case to wait, by Xiong Mou be on sale of the brewery fill good wine, reentry after be being packed makes work.
Because the quality of wine is good, mouthfeel can achieve the 80% above of true wine, through the inquiry such as mobile phone software, small letter true bogus also cannot show the nuance such as agency, many consumer believe. After first try is procurable, for seek more profit, zhou Mou begins to sell vault of Na Chun of fluid of flying Apsaras Maotai, 5 grain, sword, country again 1573, the false wine such as well lane.
2010, on a bender that saves the Chengdu City in Sichuan, zhou Mou knew the Liang Mou of county of Fujian Province You Xi. Liang Mou is informed Zhou Mou there is false alcoholic drink of a lot of brands on the hand, mouthfeel is quite good, be discovered not easily, and the psychological price that quote also accords with him, two people took a telephone call with respect to each other.
Since 2011, liang Mou passes the means low such as content shedding to buy fluid of flying Apsaras Maotai, 5 grain to wait for false wine from week somewhere, sell with market price toward the Fujian Province 3 bright, and other places of Zhangzhou, You Xi, sale amount amounts to more than yuan 700, gain profit more than yuan 300.
Since March 2017, lin Mou is in Liang Mou's wife below the circumstance that knows perfectly well its husband to manage the false wine such as fluid of Maotai of sale flying Apsaras, 5 grain, still help one of removing manage sale false wine, sale amount amounts to more than yuan 100.
Liang Mou is in sale process, having what be sold by discovery occasionally is false wine, with respect to the compensatory compounding with true wine and high specified number. Till 2017, public security mechanism receives masses faceless inform against case hair.
On September 23, 2017, zhou Mou is captured in Hunan Province the Changsha City, in its the spot in the storehouse of cellar is had more than bottles 1000 by sequestered false wine. With day, liang Mou, Lin Mou is gone to by subpoena of public security mechanism case. Liang Mou hands in the jotter of charge to an account actively public security mechanism, take public security mechanism to reach the place of 3 place cellar, false wine of distrain of spot of public security office more than bottles 700.
Via checking, since 2009, the false wine total amount that Zhou Mou sells amounts to more than yuan 200, gain profit more than yuan 10.
After put on record of public security mechanism is investigated, think the behavior of guilty suspect Zhou Mou, Liang Mou, Lin Mou already was suspected of selling blame of false and inferior product, move this case send the Fujian Province procuratorate of You Xi county.
Be to sell blame of false and inferior product or the commodity blame that sell sham registered trade mark?
Inquisitor introduction, selling the object that blame of false and inferior product encroachs is the administrative system that the country tastes quality to business, only the product does not accord with product quality standard, ability makes this charge. And whether does liquor of this case experience case accord with a standard, need special appraisal orgnaization appraisal. Subsequently, undertake inquisitor contacted public security office instantly, understand with all possible means jointly, found place of appraisal of judicatory of quality of Fujian southeast product.
Classics appraisal, the precision of Maotai liquor wine that sends warning does not accord with GB/T18356-2007 to ask, index of the others appraisal all accords with a requirement. Liquor differentiates without grade in our country, prove guilty suspect without evidence " shoddy " . Accordingly, guilty suspect Zhou Mou, Liang Mou, Lin Mou disobeys brand government laws and regulations, without license of person of trade mark right, the commodity that knowing perfectly well is sham registered trade mark and give the sale seeks profit, sale amount amount is huge. Basis " criminal law of People's Republic of China " the 214th regulation, this case ought to investigate its criminal duty with selling the commodity blame of sham registered trade mark.
How much is experience record amount?
Because of this record last a period of time 8 years many, zhou Mou sells false wine to concealment relatively, scattered, trade the program is very non-standard, without items of an account, and sale status compares him record of items of an account detailed, what the record buys from week somewhere is not quite all ready, inquisitor checks all week of some bank account, to trading entirely detail makes electronic form, chase a pen to check, turn over check fact, affirm sale amount.
How should sale abortive amount decide? Price attestation center is pressed by tort taste the market really intermediate price, the total value of the liquor of appraisal distrain Zhou Mou, Liang Mou is 431730 yuan respectively, 544775 yuan. And of relevant witness testimony and Zhou Mou for narrate and explaining, zhou Mou, Liang Mou all is had to sell by sequestered liquor sort, according to " two tall " relevant judicatory explanation, the liquor that did not sell should be maintained by the average price of actual sale price, zhou Mou, Liang Mou ought to be calculated to sell abortive by sequestered liquor, sale abortive amount is 272721 yuan respectively, 535611 yuan. Through be being checked carefully, the sale amount of Zhou Mou, Liang Mou, Lin Mou amounts to 227039 yuan respectively, 7160925 yuan, 1117310 yuan, zhou Mou, Liang Mou sells abortive amount to amount to 272721 yuan respectively, 535611 yuan.
Face the evidence of authentic, zhou Mou, Liang Mou, Lin Mou expresses to admit one's guilt on the court take a way. Final, the court adjudicates set term of imprisonment of Zhou Mou, Liang Mou, Lin Mou 3 years respectively 6 months, punish gold set term of imprisonment of 600 thousand yuan of; 5 years, punish gold set term of imprisonment of 2 million yuan of; 2 years, probation 3 years, punish gold 100 thousand yuan.
Inquisitor general law:
Sell the goods of sham registered trade mark, enroach on the special right of registered trade mark, its behavior makes the commodity of sham other registered trade mark flows to the market directly, congener to etc of renown actor product product causes impact, endangered the interest of consumer, supporting the criminal of sham other registered trade mark economically at the same time. In this case, although Zhou Mou, Liang Mou, Lin Mou is done not have produce or make sham trade mark, sell the wine that knowing perfectly well is sham registered trade mark however, reason in order to sell the commodity blame of sham registered trade mark punish.
