The result of Gao Xiaoqing's case

Party information

Public Prosecution Organ Shenzhou People's Procuratorate.

Defendant Gao Xiaoqing, formerly known as Gao Ya, female, born on, Han nationality, born in Dongguang County, Cangzhou City, Hebei Province, with a college education and a farmer, lives in Dongguang County, Cangzhou City. 20 17 1 17 was criminally detained by the public security bureau of shenzhou city on suspicion of counterfeiting registered trademarks, and was released on bail pending trial on February 22 of the same year, and released on bail pending trial by the people's procuratorate of shenzhou city on March 4, 20 18, and was released on bail pending trial on August 3 of the same year upon the decision of our hospital.

Trial process

The People's Procuratorate of Shenzhou City prosecuted the defendant Gao Xiaoqing for the crime of counterfeiting a registered trademark. Shen Jian prosecuted [20 18]3 12, and filed a public prosecution with our hospital on 20 18. Our court formed a collegial panel according to law and heard the case in public. The People's Procuratorate of Shenzhou City appointed the procurator Zhang Shaohua to appear in court to support the public prosecution, and the defendant Gao Xiaoqing appeared in court to participate in the lawsuit. The trial is now over.

Request situation

The People's Procuratorate of Shenzhou City alleged that from April 20 16 to February 20 16, Guo Mou (sentenced) and others faked the well-known trademark "Luojin" and produced, produced and sold more than 24,000 pieces of counterfeit Luojin brand edible oil, involving more than 3 million yuan. 2065438+In April 2006, the defendant Gao Xiaoqing was employed by Cangzhou Trading Co., Ltd. operated by Guo. During this period, he knew that Guo and others were counterfeiting well-known trademarks, producing, making and selling all kinds of counterfeit brand edible oils, and still making false inspection reports on brand edible oils. For the above allegations, the prosecutor read out and presented relevant evidence materials in court. The public prosecution agency believes that the defendant Gao Xiaoqing's behavior violated the provisions of Article 213 of the Criminal Law of People's Republic of China (PRC) and constituted the crime of counterfeiting registered trademarks.

Defendant's point of view

Defendant Gao Xiaoqing had no objection to the criminal facts and charges alleged in the indictment of Shenzhou People's Procuratorate, and voluntarily pleaded guilty in court.

Case facts

It was found through trial that Guo was the registered trademark product agent of Linyi Xincheng Meat Products Group Co., Ltd. (hereinafter referred to as the company). On July 20 16 13, Luojin Company authorized Linyi Songshan Biological Products Co., Ltd. to use the registered trademark "Luojin" on its edible oil series products. At the end of 20 13, Guo established "Cangzhou Trading Co., Ltd." and set up a transit station in Shenzhou City. From April, 20 16 to February, 20 16, the defendant Guo entrusted Li, a native of Cangxian County, Hebei Province, to make packaging materials with the registered trademark "",thermoplastic film, tag and so on, and purchased naked barrels of edible oil from Cangzhou Pyramid Grease Co., Ltd., and together with Zhang 1, Du Mou and others, organized personnel to package the purchased naked barrels of edible oil and pretended to be.

Defendant Gao Xiaoqing had no objection to the above facts during the trial, and had the confessions of accomplices Guo, Zhang 1, Du and Zhang 2, the testimony of witness Zhao, the copy of business license, trademark registration certificate and trademark use authorization of Linyi Biological Products Co., Ltd., the statement and appraisal of Linyi Biological Products Co., Ltd., the forged inspection report of Linyi Product Quality Supervision and Inspection Institute and the forged power of attorney of Linyi Biological Products Co., Ltd.

Court view

In our court's opinion, the defendant Gao Xiaoqing, knowing that Guo and others were counterfeiting well-known trademarks, produced, manufactured and sold various counterfeit brand edible oils, still issued false inspection reports for them, and assisted Guo and others to use the same trademark on the same commodity without the permission of the registered trademark owner. If the circumstances are particularly serious, his behavior has constituted the crime of counterfeiting registered trademarks and should be punished. Shenzhou City People's Procuratorate accused and found guilty. The defendant Gao Xiaoqing played a secondary and auxiliary role in the joint crime, and was an accessory, so he should be given a lighter or mitigated punishment according to law; After being brought to justice, he can truthfully confess his crimes and be given a lighter punishment according to law. Considering the circumstances of the crime and the circumstances of sentencing comprehensively, the punishment should be mitigated. The defendant Gao Xiaoqing's crime was minor, and he did show repentance, and there was no danger of recidivism. The announcement of probation has no significant adverse effects on the community where he lives and meets the conditions for probation. To sum up, in order to protect the national trademark management system and the trademark owner's exclusive right to use a registered trademark from infringement, according to the defendant's criminal facts, criminal nature, circumstances and the degree of harm to society, and in accordance with the provisions of Articles 213, 25, 27, paragraph 3 of Article 67, paragraph 1, paragraph 3 of Article 72 and Article 52 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:

Case results

Defendant Gao Xiaoqing was convicted of counterfeiting a registered trademark, sentenced to two years' imprisonment, suspended for two years, and fined RMB30,000.

(The probation period of probation is calculated from the date when the judgment is determined; The fine has been paid.

If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Hengshui City, Hebei Province through our hospital or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.

Li Bingyin, presiding judge

People's Juror Liu Xiaohu

People's juror Yang Yanhua

November 1, 1818