1. The penalty for selling fake shoes is:
(1) Order to stop production and sales, confiscate the products illegally produced and sold, and impose a fine of more than 50% and less than three times the value of the products illegally produced and sold; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked;
(2) If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined.
2. Legal basis: Article 50 of People's Republic of China (PRC) Product Quality Law.
Doping, adulteration, passing the fake as the real, shoddy, or passing the unqualified products as qualified products, shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 2 15 of the Criminal Code of People's Republic of China (PRC).
Crime of illegally manufacturing or selling illegally manufactured registered trademark marks: Whoever forges or sells another person's registered trademark marks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
2. What are the constitutive elements of the crime of illegally manufacturing and selling illegally manufactured registered trademarks?
1, object element. The object of the crime of illegally manufacturing and selling illegally manufactured registered trademarks is the national trademark management system and the exclusive right of others to register trademarks. The object of the crime of illegally manufacturing and selling illegally manufactured registered trademark marks is the registered trademark marks of others. The so-called trademark logo refers to the material carrier with trademark pattern, trademark registration mark, the words "registered trademark", registered trademark mark, approved registered name, etc. , such as trademark paper, trademark paper, trademark tape, etc.
2. objective factors. The crime of illegally manufacturing and selling illegally manufactured registered trademark marks is objectively manifested as the act of forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized trademarks in violation of trademark management regulations, and the circumstances are serious;
3. Main elements. The subject of the crime of illegally manufacturing and selling illegally manufactured registered trademark marks is enterprises, institutions or individuals, and the units can be legal persons or non-legal persons; Individuals include both individual industrial and commercial households with business licenses and other individuals without business licenses;
4. Subjective factors. The crime of illegally manufacturing and selling the illegally manufactured registered trademark logo can only be intentional subjectively, that is, knowingly forging the registered trademark logo of others, intentionally overproducing in violation of the entrustment contract for printing the registered trademark logo, or knowingly forging or manufacturing the registered trademark logo of others and selling it. Negligence cannot constitute the crime of illegally manufacturing or selling illegally manufactured registered trademarks.