Chinese name: Li Qing
Nationality: Chinese
Date of birth: December 31, 1953: Chinese
Birthplace: Guiyang County
Birthplace: Guiyang County: Guiyang County
Date of birth: 1978
Occupation:
Brief introduction
Li Qing’s hometown is Zengyuan Village, Ouyanghai Town, Guiyang County. When he was 16 years old, he ended his four-year life as a farmer and went to work in the city. In the following 16 years, he fell in love, got married, did business, went abroad, and finally settled in urban Chenzhou. He has been doing business in Majiaping and Fumin Market in Chenzhou.
Distributing fake and shoddy goods
In August 2010, Li Qing, a farmer in Guiyang County, Hunan Province, started a clothing business with the help of relatives and friends, and rented a clothing store in Chenzhou Fumin Market A shop selling woolen sweaters. During this period, Li Qing ordered a batch of woolen sweaters from a small workshop in Tongxiang City, Zhejiang Province, including counterfeit "Ordos" and "Hengyuanxiang" brand woolen sweaters.
Production Chain
Since June 2010, Li Qing has successively purchased from Huang Luying and Huang Qiuying in Tongxiang City so-called products without any trademark produced by small workshops in Jiangsu, Zhejiang and other places. "Sweater gray fabric", the price of each piece is between 25 yuan and 75 yuan, and a total of about 26,000 pieces were purchased. He purchased about 26,000 pieces. These "blank shirts" were not sent directly back to Chenzhou. Li Ming found Zhou Jinzhu, who was three years older than him, and asked him to make these "white shirts" into famous brands.
Zhou Jinzhu did not make trademarks himself. He contacted an Anhui man named "A Zhong" to purchase various trademarks. In the hands of "A Zhong", a set of "Ordos" trademarks costs 4.5 yuan, and "Hengyuanxiang" and "Montejiao" trademarks cost 3.5 yuan each. "Zhou Jinzhu" handed over the trademark to Li Qing, and each set increased the price accordingly. "Ordos" was 5 yuan per set, "Hengyuanxiang" was 3.8 yuan to 4 yuan per set, and "Mengtejiao" was fixed at 4 yuan per set. "Montagut" is fixed at 4 yuan per set. Zhou Jinzhu contacted a person named Lu Jinfei to sew the trademark logo on Li Qing's "white shirt" for 1.5 yuan per set. After completing all production links, the counterfeit "Ordos" woolen sweaters were shipped from Zhejiang to Chenzhou.
Arrested and sentenced
On December 15, 2010, Ordos police arrested Li Qing and others with the cooperation of local police. This case occurred in Chenzhou and was an inter-provincial arrest.
The Ordos Intermediate Court found that the police relied on a notice from the Economic Investigation Bureau of the Ministry of Public Security. A notice issued on February 21, 2010 stated that the Ordos City Public Security Bureau Economic Investigation Detachment would investigate and deal with the Ordos Group's suspected crime of counterfeiting and registering the "Ordos" trademark on the premise that the public security authorities at the place of the main crime had no objections.
The Ordos Intermediate Court found out after trial that the police seized 4,351 counterfeit "Ordos" woolen sweaters in Li Qing's store, each priced at 2,180 yuan; 1,740 counterfeit "Ordos" woolen sweaters, each priced at 2,180 yuan. The price per piece is 1,680 yuan. There were 17,403 pieces of "Ordos" woolen sweaters, and 4,433 pieces of counterfeit "Hengyuanxiang" woolen sweaters, with a price of 968 yuan per piece, totaling 26,187 pieces, with a price of 4,301,364 yuan. The price of more than 43 million yuan was determined by the court to be an "illegal business amount." In the end, Li Qing was sentenced to five years in prison and fined 21.51 million yuan.
Appeal
Regarding this verdict, Li Qing’s defender, Wang Fukui, a lawyer at Inner Mongolia Xinguang Law Firm, said, The price of this tag was ten times the average market price. He submitted Li Qing's sales CD to the court. The CD recorded that the prices of the Ordos sweaters sold by Li Qing were 100 yuan, 120 yuan and 150 yuan respectively. Li Qing posted online. The average sales price was 147.54 yuan. Wang Fukui’s defense was not accepted by the Ordos Intermediate Court.
The court held that the actual sales amount of the infringing goods could not be determined, so the "tag price" was applicable.
Wang Fugui said, "All counterfeiting procedures were completed in Tongxiang." Li Qing only sold goods, so he should not be convicted and sentenced for the crime of counterfeiting registered trademarks, but should be charged with selling counterfeit registered trademarks. Conviction and sentencing of commodity crimes. In addition, because some of the goods were not sold, it constituted an "attempted crime" and should be given a lighter punishment. Wang Fukui said that judging from the current situation, Li Qing has only sold more than 400 pieces in the past four months, with total sales of only 60,000 yuan and a profit of about 10,000 yuan. It is not appropriate to be fined 215,100 yuan. Currently, the case has been appealed to the Inner Mongolia High Court.
The original verdict was revoked
In mid-December 2011, one year after Li Qing was brought to justice, the case took the "sky-high price of fines" as the breakthrough point, which attracted public attention and gave him an unfair reputation. Less sympathy. On the evening of December 27, 2011, Li Qing's wife Li Hongying stated that the Inner Mongolia High Court had revoked the first-instance judgment of the Ordos Intermediate People's Court on Li Qing's case on the grounds of "unclear facts and insufficient evidence" and remanded the case for retrial.
The original verdict was upheld
After the first-instance verdict in 2011, the defendant Li Qing was dissatisfied and appealed to the Inner Mongolia Higher People's Court. The Inner Mongolia Higher People's Court ruled that "the facts were unclear and the evidence was insufficient." For this reason, the case was sent back to the Ordos Intermediate Court for retrial in December 2011.
At noon on May 18, 2012, defendant Li Qing’s defense lawyer Wang Fukui received the retrial judgment from the Ordos Intermediate Court. Compared with last year's controversial verdict, this verdict has undergone tremendous changes: Li Qing's crime has not changed. It is still the crime of counterfeiting registered trademarks. The sentence was reduced from five years to four and a half years, and the fine was reduced from 21.51 million yuan to 1.991859 yuan. Ten thousand yuan. Even so, Li Qing still cannot accept such a judgment. First, he is still unable to pay the 1.99 million yuan; second, there are still differences on the key issues of the case.