Whether selling goods A constitutes a crime depends on the sales volume.

According to Article 39 of the "Product Quality Law", sellers are not allowed to adulterate or adulterate products, they are not allowed to pass off fake products as genuine or inferior products, and they are not allowed to pass off substandard products as qualified products.

Article 50 Anyone who adulterates or adulterates products, passes off fake ones as genuine, passes off substandard products as good ones, or passes off unqualified products as qualified products shall be ordered to stop production and sales, and the illegally produced and sold products shall be confiscated. products, and shall be fined not less than 50% but not more than three times the value of the products illegally produced or sold; if there are any illegal gains, the illegal gains shall also be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal prosecution shall be pursued in accordance with the law. responsibility.

According to the provisions of Article 214 of the "Criminal Law": Anyone who knowingly sells goods that are counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; If the amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Trendy people who like to buy luxury goods in micro circles should be wary of "acquaintances" with their friends. Chen, a native of Ruian, took advantage of the trust his WeChat friends had in him. From the beginning, he started to purchase genuine products, and later gradually adulterated them, selling brand-name bags, clothes, and shoes, mixing and matching genuine and fake ones. Recently, Chen was sentenced to six months in prison, suspended for one year, for selling goods with counterfeit registered trademarks.

The three victims bought 9 suspected fakes from Chen. After they were sent for inspection, only one was found to be genuine.

Old friends recommend counter appraisals to build trust

Mr. Ruian Wu is a successful man with a successful career and high income. He is also a luxury goods lover and often buys some famous brands. Bags, big-name clothes, limited edition trendy shoes. In March 2018, he met Chen, a micro-business purchasing agent, through his childhood. Chen is also from Ruian. He works as a manager in a private company. He owns a house and a car. He belongs to the typical white-collar class. Purchasing on behalf of others is just a side job for fun. At the beginning, Mr. Wu only waited and watched in the WeChat purchasing group established by Chen and did not take action. But soon after, Mr. Wu became a little excited. Because, in order to dispel customers' concerns, Chen promised that all products after placing an order can be authenticated by the counter, and he will compensate ten for any fake ones. As a result, the first transaction between the two happened "happily" and they made a counter appraisal.

In the following year, Mr. Wu purchased LV, GUCCI, Adidas and other brand-name bags, clothes, shoes, etc. from Chen more than 20 times. Each transaction amount ranged from several thousand to tens of thousands, and the cumulative Spend more than 200,000 yuan. During this period, in addition to Mr. Wu's own request, Chen also took the initiative to accompany Mr. Wu to the counter to inspect the goods many times, which made Mr. Wu feel "at ease" with him. In addition, the two often met and drank tea, and their relationship was As we became more intimate, we gradually lost the "precaution" we had at the beginning, and many of the products we picked up later were not used for counter appraisals.

While shopping, the counter sister discovered that the "LV" bag was "A" goods

Until the beginning of 2019, when Mr. Wu was shopping at a counter in Hangzhou, a sharp-eyed salesperson pointed out that his satchel felt "weird" "Weird" is probably not genuine. Sure enough, after verification, it is really a "super A" product. Feeling bad, Mr. Wu went home and took all the purchased products he had purchased for “appraisal”. The results showed that among the more than 20 items, five were A-grade products worth about 30,000 yuan.

After having “irrefutable evidence”, Mr. Wu approached Chen and asked for an explanation. However, Chen seemed very calm and said that he had also been deceived by his "shangjia" and said that he would give Mr. Wu a satisfactory explanation. Seeing that Chen had a plan and a sincere attitude, Mr. Wu agreed to wait for news from him first.

However, as time passed, Chen said that he had lost contact with his previous home, and that he had called the police and was waiting for the results of the police investigation. He also said that because of this incident, his wife wanted to divorce him, and he hoped that Mr. Wu would let him go for the sake of his friends... In the end, he simply stopped replying to WeChat and turned off his phone.

Suffering the consequences, Chen was sentenced to six months in prison

The angry Mr. Wu chose to call the police. Chen knew that he could not escape legal responsibility, so he quickly surrendered and truthfully confessed the crime of selling counterfeit goods.

He said that "regular customers" like Mr. Wu, because they trust each other, began to try to find some "A" goods online to mix and sell to make some "quick money". Even if they were discovered, they could justify themselves, which encouraged His luck. He also confessed that he has always been "cautious" and did not dare to "fake" people with whom he had ordinary relationships, so he "made acquaintances" with a few regular customers, and the sales amount totaled 65,400 yuan.

Chen knowingly sold goods with counterfeit registered trademarks and sold a large amount of money, his behavior has violated criminal law and constitutes the crime of selling goods with counterfeit registered trademarks. In view of the fact that the defendant Chen surrendered, confessed and accepted punishment, mediated compensation for the victim's economic losses and obtained understanding, the court sentenced the defendant Chen to six months in prison, suspended for one year, and fined RMB 35,000.