Chenzhou farmer Li Qing couple of concern. The latest progress of the case after the Erdos Court after a retrial is: Li Qing court ruled guilty of counterfeiting registered trademarks and sentenced to four years and six months.
Despite the penalty has been reduced compared to 9 percent of first instance verdict much, but wife Li Hongying still can not accept the verdict, has filed an appeal again. "We sell a total of more than 400 pieces of sweaters, only earned more than 10,000 yuan,moncler giacca uomo, a fine of 1.99 million yuan but too unreasonable, so much money for several lifetimes are not on." Li Hongying said.
First instance to open a "ticket price"
August 2010,collezione scarpe hogan 2014 nuova collezione hogan uomo, Li Qing couple friends help start making sweaters trading business, they market in Chenzhou Fumin rented a shop, while commodities are sold on ebay. December 15 that year, the Public Security Bureau of Economic Investigation Detachment in Inner Mongolia Erdos enriching the market,scarpe hogan interactive uomo hogan a torino, including Li Qing, including the arrest of a number of dealers and the seizure and sale of used clothing store all computers on the grounds that "suspected of selling counterfeit trademark goods crimes" .
The first instance, the court found Ordos, Li Qing sold counterfeit "Erdos",nike dunk high basket pas chere, "Heng Yuan Xiang" sweater 26,karen millen black lace dress karen millen dresses uk store,187, calculated in accordance with the price tag, these sweaters worth more than 43 million yuan. According to relevant laws, Erdos Intermediate People's Court sentenced Li Qing was counterfeiting registered trademarks and sentenced to five years and fined 21.51 million yuan. And Li Qing said, these sweaters in terms of the store or website sales, prices are more than 100 yuan, operating more than four months to total sales of more than 400 pieces, only 6 million yuan in sales.
Li Qing sell sweater profit 10,piumini moncler inverno 2013,000 yuan was sentenced to five years and fined more than 2000 million news aroused widespread concern, public opinion holds that such a judgment is unfair. Li Qing also appealed. Subsequently Higher People's Court in Inner Mongolia Erdos Intermediate People's Court revoked the verdict on the grounds that "the facts are unclear, insufficient evidence," and remanded.
Retrial fines reduced by more than Jiucheng
At the retrial, the prosecution presented the staff fill material provided by the police investigation, which had "unaccounted key evidence" - recorded mainframe computer sales data. Court finds, Li Qing total fake "Erdos" sweater 21754, fake "Heng Yuan Xiang" sweater 4433,http://www.dropzone.com/cgi-bin/safety/page.cgi,abercrombie contact us abercrombie and fitch for mens, according to the average of the actual sales price of the two brands of 148 yuan and 170 yuan,woolrich parka rosso spaccio woolrich a bologna,http://minecraftforum.co.uk/showthread.php?tid=441468, Li Qing illegal business volume of 3.98 million I yuan. Court in accordance with the Criminal Law 213 and other related laws, ruling Qing Li guilty of counterfeiting registered trademarks and sentenced to four years and six months and fined 199 million yuan.
The parties do not recognize cases of qualitative
See this result, Li Hongying still felt very injustice: "Our family just over 20 square meters of shops,http://subspace.s1.xrea.com/godfield/gf_bbs/gf_bbs.cgi, how to accommodate more than twenty thousand pieces of sweater it had applied for prosecutors and courts her recovery site to see if their own shop can accommodate so? pieces of sweaters, but not accepted.
Only primary cultures Hongying after her husband was arrested, to consult a lawyer and self-knowledge of relevant laws, she said in addition to the number of questions, the case where there are several controversial. "First, criminal law, criminal cases generally consists of a crime or where the defendant's place of residence under the jurisdiction of the People's Court, Erdos court had no jurisdiction to hear my husband's case; Second,moncleroutlet trebaseleghe spaccio moncler, qualitative case, my husband was not involved in counterfeiting registered trademarks, but from there Tongxiang goods,baskets air jordan pas cher air jordan original, sales,hogan karl lagerfeld spaccio hogan civitanova marche, not the court considers the planning, instigation counterfeiting sweater should not be judged the crime of counterfeiting registered trademarks,http://lightsaberfightclub.com/v/activity, but the sale of counterfeit trademark goods sin. "
■ experts say
Illegal 10,000 yuan up to 50,000 yuan penalty
This reporter to ask Professor of Law and Business University, Zhejiang, China Intellectual Property Law Association Zhengwan Qing. He said the reason why there is such a big case of disputes, in addition to the identification number for the fake sweater, the most important reason is the qualitative case. If Li Qing is guilty of the crime of counterfeiting registered trademarks, the Court's decision in this review is not inappropriate; but if Li Qing fact only constitute a "sale of counterfeit trademark goods crimes", according to the law,scarpe hogan estate 2013 hogan outlet toscana,http://126.96.36.199:1888/home.php?mod=space&uid=762, the amount of sales to be at 250,000 yuan above,http://m-style.ouchi.to/bbs/whatsnew/apeboard.cgi?command=read_message&msgnum=80/, the only part of criminal law,http://www.civilrightsunited.org/bbs/forum.php?mod=viewthread&tid=201176, "a huge amount" in order to sell counterfeit registered trademark sentenced to more than three years in prison for seven years. And in the amount of the fine, if defined as "the sale of counterfeit trademark goods crimes", more than double the amount of the fine is generally five times the illegal income, then 199 million yuan in fines apparently too heavy. Its illegal income of 10,000 yuan,http://www.ebay.com/itm/aw-cgi-/160623306404?clk_rvr_id=401952862072, the maximum penalty can only be a 5 million yuan. According to Xinhua News Agency