Fake Cosmetics: 770,000 RMB Profit = 2,000,000 RMB Punishment + 9 Years in Prison!

According to the official post of the Hunan High Court, in the second half of 2016, Yang opened a cosmetics store on Taobao.?During the Spring Festival in 2017, Yang organized her sisters to jointly operate the online store in partnership, and the profits were distributed according to 40%, 22%, 22%, and 16% of the shares. The division of labor was clear.

Since then, Yang has purchased Filorga's "FILORGA" series products, "Demabel" series products, Ceruru.b products, and Bb Laboratories (hereinafter referred to as "Bb lab") products at low prices. Among them, from June 2018 to During August 2019, Yang bought 14,487 Filorga series products at an average unit price of 75 yuan; and a total of 15,957 bottles of Bb lab resurrection grass mask at an average unit price of 60 yuan. No Chinese label on the products, they were counterfeit and shoddy products.

It is reported that Yang and others sold more than 2.37 million yuan of goods with counterfeit registered trademarks, the value of the unsold goods was more than 250,000 yuan, and the illegal profit was more than 700,000 yuan.

In the end, the Court held that Yang committed the crime of selling goods with counterfeit registered trademarks and was sentenced to 5 years in prison and a punishment of 1 million RMB; for the crime of selling poisonous and harmful food (knowing the fakes and selling fake weight-loss drugs), she was sentenced to 5 years and 2 months in prison and a punishment of 1 million RMB, after the merger, it was decided to implement a fixed-term imprisonment of 9 years and a punishment of 2 million RMB; the other defendants in the same case were sentenced to 2.5 years to 3 years of fixed-term imprisonment with a punishment money; The defendant's illegal income of more than 770 thousand RMB was confiscated.

Yang and others refused to accept the judgment and filed an appeal.?The Court rejected the appeal and upheld the original judgment.

The media in the industry combed through the cases of being sentenced for selling counterfeit cosmetics in the past year and found that from the identity of the persons involved, from live broadcast platform anchors to online store operators, to individual industrial and commercial households and even street stall operators, as long as they are suspected of selling counterfeit cosmetics will be punished accordingly.?At the same time, the judiciary has become more and more strict in its judgments on the behavior of knowing and selling counterfeit goods, and everyone in the counterfeit sales chain will be punished.

Online channels, online stores, and live broadcast rooms are obviously the hardest hit areas for "selling fakes".?In the past year, there have been many cases of selling counterfeit international brand-name cosmetics in live broadcast rooms, which have been announced as "typical" by courts at all levels across the country.?For example, in July this year, the Court of Huangpu District, Guangzhou City announced a judgment case in which anchor Zhou purchased counterfeit cosmetics such as Chanel, SK-II, and Givenchy from a certain platform, and sold them via live streaming on another platform.?

In the end, the anchor and three customer service staff were convicted of selling goods with counterfeit registered trademarks, and were sentenced to 8 months to 3 years and 4 months in prison, and punishment ranging from 8,000 yuan to 100,000 yuan.

In February of this year, the People's Procuratorate of the First District of Zhongshan City, Guangdong Province also disclosed a case. The indictment showed that the principal culprit, Nie Shuai, together with Wang Moubo, Wang Mou, Zhang Mou, and Liang Moufei, sold counterfeit goods on the live broadcast platform. Cosmetics such as "Estee Lauder", "La Mer" and "L'Oreal" with registered trademarks sold millions of yuan in total. They were charged with selling counterfeit registered trademarks and were prosecuted for criminal responsibility.

Not only online.?In April this year, there were media reports that the legal person and shareholders of a commercial company in Suzhou were issued a prohibition order by the People's Court of Changshu City, Jiangsu Province for selling counterfeit cosmetics. This is also the first intellectual property criminal case issued by the court.

In fact, no matter to enterprise or to individual, it is not new to be punished for selling counterfeit cosmetics.?However, it is not difficult to find from the above-mentioned judgment cases that even though the means of counterfeiting are varied and the number of participants in the counterfeiting link is large, with the increasingly strict supervision and management of the cosmetics industry, coupled with the heavy blow of law enforcement agencies on the sale of counterfeit products, and consumers are becoming more and more able to identify real and fake products, and such criminals will have nowhere to hide.

International brand owners can ease worrying about being?counterfeited. If you are still worry about it, welcome to our group and express your anxiety freely, and we will help you figure out the solution:?https://www.dhirubhai.net/groups/14148660/