The major "three strikes" case, xiashan district Hon Hai Plastic Products Factory's counterfeit registered trademark case, ushered in the first-instance judgment yesterday. The People's Court of xiashan district sentenced four employees who knew and participated in counterfeiting to three to four years' imprisonment and fined them 1 to 20,000 yuan for the crime of counterfeiting registered trademarks. The main suspect in this case, the fake boss Chen Mou, is still being hunted online.
court decision
Four defendants were sentenced to three to four years in prison.
The People's Court of xiashan district held that the defendants Cao Mou, Chen Mou Mou, Deng Mou and Xian Mou ignored national laws and produced mobile phone accessories with the registered trademark of "Nokia" at a price of 42,037,949 yuan without the permission of the registered trademark owner Nokia (China) Investment Co., Ltd., which constituted the crime of counterfeiting registered trademarks, and the circumstances were particularly serious. Defendant Cao was employed by others to be responsible for the daily management, production and delivery of the factory for others, and directly participated in the crime of counterfeiting registered trademarks. However, he is in a subordinate position in the whole crime of counterfeiting registered trademarks, and only accepts the task of producing some mobile phone accessories with counterfeit registered trademarks in the factory. Defendants Chen X and Deng Mou were employed by others and directly participated in the production of goods with counterfeit registered trademarks of others, but they were only responsible for part of the work and participated for a short time. The defendant Xian was directly involved in sales but not in production. All four defendants played a minor role in the same crime and were accomplices, so they should be given a lighter punishment. According to the Criminal Law, four defendants were sentenced to three to four years' imprisonment and fined 1 to 20,000 yuan.
Case playback
More than 900,000 mobile phone accessories were seized on site.
In late March this year, the Lingang Police Station of Xiashan Public Security Bureau, according to the informant's report, after careful investigation, grasped the relevant evidence that xiashan district Hon Hai Plastic Products Factory produced counterfeit Nokia mobile phone accessories. On April/KOOC-0/4, the police of this institute arrested the suspects Cao, Deng and Chen X who were in production/KOOC-0/6. More than 900,000 mobile phone accessories marked "Nokia" were seized at the scene, with an estimated value of 6.5438+0.2 million yuan. The finished products of these fake accessories are actually marked with the English words "Made in Finland" and "Made in Hungary".
According to the investigation, since 2009, Cao, the production director of the "black factory", has organized Deng, Chen X and others to counterfeit Nokia registered trademarks to produce mobile phone accessories at the instigation of his boss. There are about 3.3 million sets of counterfeit Nokia mobile phone accessories registered in the account book, and the initial estimate is about 40 million yuan.
At present, the bank accounts of the boss and his wife, Cao, and four properties under their names have been frozen by the police, and the fugitives have been chased online.
legal interpretation
Knowing that counterfeiting is illegal, it is illegal to work.
During the trial, all four defendants argued that they were only migrant workers, and their monthly salary was only one or two thousand yuan. There was no illegal business operation and it did not constitute a crime of counterfeiting registered trademarks. According to the relevant person in charge of xiashan district People's Court, it was found through trial that all four defendants knew and participated in illegal production, which constituted the constitutive elements of the crime. (Source: Zhanjiang Daily)