A man in Cangzhou, Hebei, made a profit of 2,000 yuan from selling counterfeit medical masks and was fined 200,000 yuan. After refusing to accept the prosecution

“A fine of 178,000 yuan for selling a few masks is too heavy!” Hebei In Cangzhou City, based on a report, the Municipal Supervision Bureau discovered that a labor insurance store was selling counterfeit 3M masks and made a profit of 1,630 yuan, so it fined it 178,000 yuan. The labor insurance store was dissatisfied and filed a lawsuit with the court, requesting to revoke the administrative penalty. The court ruled as follows.

Boss Wang spent 2,000 yuan to buy 400 3M masks at a labor insurance store to be used by his employees. Unexpectedly, after opening the package, he found that the masks he purchased were different from the ones he bought before. He suspected that the masks he bought were fake. Report it to the Market Supervision Administration.

After receiving the report, the Market Supervision and Administration Bureau conducted an appraisal of the masks purchased by Boss Wang. The appraisal results showed that the purchased masks were all fake and shoddy products. After investigation, the labor insurance store sold a total of 2,700 yuan of fake masks and made a profit of 1,630 yuan. Subsequently, the Market Supervision and Administration Bureau decided to fine the labor insurance store 178,000 yuan and order it to stop the infringement.

The labor insurance store thought the punishment was too severe, so they filed a lawsuit with the court and requested to revoke the punishment for the following reasons:

First, they subjectively did not realize that the masks they sold were infringement of registration. Products with exclusive trademark rights should not be punished in accordance with the provisions of the Trademark Law;

Secondly, their business volume is only 2,700 yuan, but they are fined 178,000 yuan. The fine is 48 times the business volume, which is too Serious;

Third, Article 27 of the "Administrative Punishment Law" stipulates that if the illegal behavior is minor and corrected in a timely manner without causing harmful consequences, administrative punishment will not be imposed. Although they are selling infringing products, they can be used normally and have not caused particularly serious consequences.

Second, during the epidemic, labor insurance stores sold fake masks, which caused great hidden dangers to epidemic prevention and control, so they should be severely punished.

In this case, the labor insurance store sold infringing products and could not provide normal purchase source procedures, indicating that they should have known that there was a problem with this batch of products, and made a profit of 1,630 yuan and a fine of 17,800 yuan. There was no maximum penalty. This has been considered The plot of the case.

After trial, the court held that the facts of the labor insurance store selling infringing counterfeit masks were clear and the evidence was conclusive, so it should be punished. However, there are also the following lenient punishment circumstances:

First, the labor insurance store This illegal act was committed for the first time, and during the investigation by the Market Supervision Administration, he was able to actively cooperate and proactively refund the buyer's price for the mask, without causing serious harmful consequences.

Second, labor insurance stores are individual industrial and commercial households with limited business scale and business quota. From the perspective of current policies to support and protect the development of private enterprises, it is not appropriate to impose high fines on them. How to judge

Specifically in this case, the high fine imposed by the Market Supervision Administration on the labor insurance store is obviously too heavy, but the fine in the low range is not enough to punish, taking into account the facts, nature, and circumstances of the illegal behavior of the labor insurance store and harmful consequences, it is more reasonable and appropriate to impose a fine in the medium range. In summary, the court revoked the administrative penalty imposed by the Market Supervision Administration and changed the fine to 80,000 yuan.