Text of the document Party information Public prosecution agency Shenzhou People’s Procuratorate. The defendant Gao Xiaoqing, formerly known as Gao Ya, is a female, born on **, **, ****, Han nationality, from Dongguang County, Cangzhou City, Hebei Province, with a college education, a farmer, and lives in Dongguang County, Cangzhou City. On January 17, 2017, he was criminally detained by the Shenzhou Municipal Public Security Bureau on suspicion of committing the crime of counterfeiting registered trademarks. On February 22 of the same year, he was released on bail pending trial. On March 4, 2018, he was released on bail by the Shenzhou Municipal People’s Procuratorate. On August 3 of the same year, he was released on bail pending trial. The court decided to release him on bail pending trial. Trial Process: The Shenzhou Municipal People’s Procuratorate accused the defendant Gao Xiaoqing of committing the crime of counterfeiting registered trademarks in Shenzhen Prosecution Criminal Indictment [2018] No. 312, and filed a public prosecution with this court on August 1, 2018. This court formed a collegial panel in accordance with the law and heard the case in public. The Shenzhou Municipal People's Procuratorate assigned prosecutor Zhang Shaohua to appear in court to support the prosecution, and the defendant Gao Xiaoqing attended the court to participate in the proceedings. The trial is now concluded. The Shenzhou Municipal People’s Procuratorate accused: From April to December 2016, Guo (who has been sentenced) and others counterfeited the well-known trademark "Jinluo" and produced, produced and sold various types of counterfeit Jinluo brand edible oil*** There are more than 24,000 cases in total, and the amount involved is more than 3 million yuan. In April 2016, the defendant Gao Xiaoqing applied for a job at Cangzhou Yirui Trading Co., Ltd. founded by Guo. During this period, he knew that Guo and others were counterfeiting the well-known trademark "Jinluo" and producing, producing and selling various edible products under the counterfeit Jinluo brand. oil, still producing false test reports for Jinluo brand edible oil. Regarding the above charges, the prosecutor read and presented relevant evidence materials in court. The public prosecution agency believed that defendant Gao Xiaoqing's behavior violated the provisions of Article 213 of the "Criminal Law of the People's Republic of China" and constituted the crime of counterfeiting registered trademarks. Defendant's point of view The defendant Gao Xiaoqing had no objection to the criminal facts and charges charged in the indictment of the Shenzhou People's Procuratorate, and expressed his voluntary plea in court. Facts of the case After trial, it was found that Guo was an agent for the "Jinluo" registered trademark products of Linyi Xincheng Jinluo Meat Products Group Co., Ltd. (hereinafter referred to as Jinluo Company). On July 16, 2013, Jinluo Company authorized Linyi Shansong Biological Products Co., Ltd. to use the "Jinluo" registered trademark on its edible oil series products. At the end of 2013, Guo established "Cangzhou Yirui Trading Co., Ltd." as a sole proprietorship and set up a transfer station in Shenzhou City. From April to December 2016, the defendant Guo commissioned Li from Cangxian County, Hebei Province to produce packaging materials such as packaging boxes, thermoplastic films, and hangtags printed with the "Jinluo" registered trademark, which he purchased from Cangzhou Pyramid Grease Co., Ltd. The company purchased edible oil in bare barrels and, together with Zhang 1, Du and others, organized personnel at the Shenzhou transfer station to package the purchased oil in bare barrels and sell it as "Golden Gong" edible oil. There are more than 24,000 pieces of various types of edible oil under the "Gong" brand, and the amount involved is more than 3 million yuan. In April 2016, the defendant Gao Xiaoqing applied to work at Cangzhou Yirui Trading Co., Ltd. founded by Guo. The defendant Gao Xiaoqing was assigned by Guo to prepare a false inspection report for Jinluo brand edible oil. The defendant Gao Xiaoqing had no objection to the above facts during the trial, and the co-defendants Guo, Zhang 1, Du, and Zhang 2 testified, and the witness Zhao testified, and a copy of the business license and trademark of Linyi Shansong Biological Products Co., Ltd. Registration certificate, trademark authorization letter, Linyi Shansong Biological Products Co., Ltd. statement and appraisal certificate, forged Linyi Product Quality Supervision and Inspection Institute inspection report, forged Linyi Shansong Biological Products Co., Ltd. power of attorney, trademark authorization agreement, Hebei Three copies of the inspection reports of Meichuang Testing Technology Co., Ltd. and other evidence have been confirmed, which is enough to confirm. The Court’s Viewpoint: This court believes that the defendant Gao Xiaoqing knew that Guo and others were counterfeiting the well-known trademark “Jinluo” and producing, producing and selling various types of counterfeit Jinluo brand edible oil, but still produced false inspection reports for Jinluo brand edible oil. Assisted Guo and others to violate the country's trademark management regulations and use the same trademark as the registered trademark on the same product without the permission of the registered trademark owner. The circumstances are particularly serious. His behavior has constituted the crime of counterfeiting a registered trademark and should be punished. Shenzhou Municipal People's Procuratorate found guilty of the charges.

The defendant Gao Xiaoqing played a secondary and auxiliary role in the same crime and was an accessory. He should be given a lighter or reduced punishment in accordance with the law. If he truthfully confesses his crime after being brought to justice, he can be given a lighter punishment in accordance with the law. Taking into account the circumstances of the crime and the circumstances of the sentencing, the punishment will be mitigated. The defendant Gao Xiaoqing's crime was relatively minor, he did show remorse, and there was no risk of committing another crime. The suspended sentence was declared to have no major adverse impact on the community where he lived, and he complied with the conditions for probation. To sum up, in order to protect the state's trademark management system and the trademark owner's exclusive right to use registered trademarks from infringement, this court based on the facts of the defendant's crime, the nature and circumstances of the crime and the degree of harm to society, in accordance with the "China Article 213, Article 25, Article 27, Article 67, Paragraph 3, Article 72, Paragraph 1___3 of the Criminal Law of the People's Republic of China According to the provisions of paragraph 1 and Article 52, the verdict is as follows: As a result of the case, the defendant Gao Xiaoqing was guilty of counterfeiting a registered trademark and was sentenced to two years in prison, suspended for two years, and fined RMB 30,000. (The probation period is calculated from the date the judgment is determined; the fine has been paid). If you are dissatisfied with this judgment, you may appeal through this court or directly to the Intermediate People's Court of Hengshui City, Hebei Province within ten days from the second day of receipt of the judgment. If the appeal is made in writing, one original and two copies of the appeal shall be submitted. Chief Judge Li Bingyin People’s Assessor Liu Xiaohu People’s Assessor Yang Yanhua November 1, 2018