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A Case about Selling Commodities Bearing Counterfeited Registered Trademarks (case of selling commodities carrying the passed off registered trademark)
被告人郑承来、崔成权销售假冒注册商标的商品案
【法宝引证码】

A Case about Selling Commodities Bearing Counterfeited Registered Trademarks (case of selling commodities carrying the passed off registered trademark)
(case of selling commodities carrying the passed off registered trademark)
被告人郑承来、崔成权销售假冒注册商标的商品案

A Case about Selling Commodities Bearing Counterfeited Registered Trademarks
Defendants: Zong Seng Lae and Cui Chengquan

 

被告人郑承来、崔成权销售假冒注册商标的商品案

BASIC FACTS 
In July 2007, Zong Seng Lae (of South-Korean nationality) authorized Cui Chengquan, who conducted transportation agency services, to transport 90,000 tablets of counterfeited medicines bearing the registered trademarks of “Viagra” of Pfizer (US) and “Cialis” of Eli Lilly and Company (US) to South Korea for sale. Knowing that Zong Seng Lae sold commodities bearing counterfeited registered trademarks, Cui Chengquan still assisted him in transporting the commodities and, in the name of cargo owner, commissioned logistics companies to handle clearance through customs for these commodities as women's knitted underwears. On July 13, 2007, the aforesaid cargoes were seized by Qingdao Dagang Customs of the People's Republic of China for false declaration of cargo names. Upon inspection, the prices for each “Viagra” and “Cialis” tablet were 107 yuan and 123.75 yuan respectively. 

2007年7月,被告人郑承来(韩国籍)将9万粒假冒美国辉瑞公司注册商标的药品“万艾可”、美国礼来公司注册商标的药品“希爱力”委托从事运输中介服务的被告人崔成权运到韩国销售。崔成权明知郑承来销售的系假冒注册商标的商品,仍帮助运输,并以货主名义将药品委托物流公司以女式针织内衣的名义通关。2007年7月13日,上述货物在通关时因涉嫌伪报品名被中华人民共和国青岛大港海关查扣。经鉴定,每粒“万艾可”、“希爱力”药片的价格分别为人民币107元、123.75元。

JUDGMENT 

The Intermediate People's Court of Qingdao City held that Zong Seng Lae and Cui Chengquan committed the crime of selling commodities bearing counterfeited registered trademarks. Zong Seng Lae was a principal. Considering that his criminal act was unaccomplished, Zong Seng Lae actively paid fines through his relatives during the trial period, and he showed a good attitude in confession, he was eligible for a mitigated punishment according to law. So, Zong Seng Lae was sentenced to a fixed-term imprisonment of two years and a fine of 500,000 yuan, and he should be deported. Considering that Cui Chengquan was an accessory and his criminal act was unaccomplished, he was eligible for a mitigated punishment according to law. So, Cui Chengquan was sentenced to a fixed-term imprisonment of one year and eight months and a fine of 200,000 yuan for the crime of selling commodities bearing counterfeited registered trademarks. After this judgment was announced, neither Zong Seng Lae nor Cui Chengquan appealed and thus this judgment had taken legal effect.

 青岛市中级人民法院认定被告人郑承来、崔成权均构成销售假冒注册商标的商品罪,郑承来系主犯,但鉴于其系犯罪未遂,且在审理期间,通过亲属主动交纳罚金,认罪态度较好,依法对其减轻处罚,判处郑承来有期徒刑二年,罚金50万元,并驱逐出境;被告人崔成权系从犯,且系犯罪未遂,依法对其减轻处罚,以销售假冒注册商标的商品罪判处崔成权有期徒刑一年零八个月,并处罚金20万元。宣判后,各被告人均未提起上诉,该判决已发生法律效力。
 
 

     
     
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