is not legitimate and reasonable .After the trial

[hweufh1225]

Incounterfeiting a registered trademark of the false wine category in criminal case, the amount of crime and how to calculate ?According to the actual price calculation is fake ?Or in accordance with the imitation wine really market prices ?The two methods of calculating results can differ by more than a dozen times .
Yesterday, involving 10 defendantsmaking and selling false dimple case in the Chaoyang Court trial .The trial lasted until noon near 1a total ofmore than 3 hours ,louboutin pas cher,in the case of sentencing play an important role in the determination of the crime quantity ,polo ralph lauren pas cher,both sides debate .
The trial of 10 defendants are not recognized 1900000 yesterday,Zhu ,Han Mou 10 defendantson suspicion of the crime of counterfeiting registered trademarks in the Chaoyang Court trial .Prosecutors accuse ,the second half of 2010 to 2011of May,men Zhu in Chaoyang District Township Yang Village Shugang rented counterfeiting activities dens, purchased from outside magma wine liquid and fake Chivas ,black ,a fun trip that is coming up,Jack Daniels and other brands of wine are registered trademarks ,hire people filling the fake wine .
In 2010 November,Zhu Mou with Beijing man Han cooperation ,in Tongzhou to build dens ,filling the fake wine .The prosecution accused ,police from Zhu ,Han business recovered have filled more than 1 bottles of fakewine total value of more than 190 ,belong to circumstances are particularly serious .
But Zhu et al have been sold fake unable to verify ,not included .On the court, while the 10 defendants pleaded guiltyto the charges ,but more than 190 of the amount was not recognized .
What is the proof that these false wine value about 1900000? From the beginning till now I have never seen so much money ,let me take so much guilt ,jordan,I have a problem .The first defendant Zhu in after he was caught reading the relevant law ,hermes,will focus on one of the fake values :procuratorate is in accordance with the imitation wine really values ,but judicial interpretation should be according to the actual sales price calculation .
Zhu said he sold liquor sales a total of less than 200000 yuan .The amount of two identified ten times reporter through the disparity to understand, in this case ,the Chaoyang District Price Certification Center has made two copies of the disparity of the alleged property price appraisal conclusion book .
It is also about the value of understanding both sides very close origin .Initially a appraisal conclusion book in May last year prosecutors to arrest before the decision ,the appraisal conclusion that ,the police from Zhu ,polo ralph lauren,Han were operating seized tens of thousands of bottles of fake wine worth a total of more than 13 yuan .
In March of this year, Chaoyang District prices and certification center according to the prosecution ,seized more than 1 bottles of fakewine again was an identification .A new appraisal conclusion will be involved in the case of false wine value increased to more than 190 .
The same 1 thousandbottles of fake wine ,two price appraisal conclusion is ten times .According to the relevant judicial interpretations ,the former belongs to serious ,should be in 3 years of fixed-term imprisonmentsentencing ,burberry outlet,the latter has been if the circumstances are especially serious ,sentencing in the range of 3 to 7 years.
According to the introduction,ralph lauren, before a conclusion is completely based on Zhu confession account of false wine is sold at a calculated,mercurial vapor, after a is according to be fake wine really the middle price of the market actually calculated ,calculated on the basis of price is more close to the true wine wholesale prices .
The prosecution will eventually be more than 190 yuan as the volume of illegal business ,but was almost all the defendants and their counsel against .Prosecutors and lawyers :how to price according to Zhu et al confessions ,false wine cost an average of only ten yuan per bottle .
Zhu business mainly two dealers ,not directly to consumers .Understand according to the reporter ,a 700 ml bottle of Chivas 18 years,Zhu external price of only 20 yuan ,but with the specifications of the true wine even wholesale price of nearly 400 yuan a bottle;700 ml ofRemy Martin XO Zhu Mou sells for 40 yuan a bottle,but the true wine market wholesale price is as high as 920 yuan .
Zhu pointed out that in 2004 ,the Supreme People ,louboutin,the Supreme People in handling criminal cases of infringing intellectual property issues of concrete law application in the interpretation of clearly defined ,the value of the sold infringing products ,according to the actual sales price calculation .
Unsold infringing product value, in accordance with the price of the infringing products or have found the average actual sales price calculation .Unable to find out the actual sales price ,to be calculated at the average market price of the infringing products .
To find out the price of wine ,why should the use of true wine market price ?Zhu thinks ,in liquor price issue Zhu confession is always stable, so it should be based on the original price appraisal conclusion that the case of illegal sales of more than 13 yuan.
But that the prosecutor ,the actual sales price at present only Zhu unilateral statement ,without any sales documents or testimony to verify the buyer .Zhu himself admits ,transactions are paid in cash ,without a receipt .
The prosecution argued that, in this case ,louboutin,the amount of crime should be according to the middle price of the market to calculate .Yesterday the court most of the time ,both sides have always stuck at the amount of crime cognizance .
The court did not make judgement day .The fake fake LV differentiated public prosecution organ in accordance with the wine really the middle price of the market that making and selling fake crime amount and another reason .
registered trademark ,Zhang Jianfei committed the offence in the state of being drunk,false wine and false LV there is a difference between .The public prosecutor thinks ,in buy a fake LV package of this kind of tort of goods, consumers generally buy fake ,or from a kidney stone.,is to pursue cheap .
But these false wine after scalping, ultimately to bar ,nightclub ,KTV and other consumer sites ,consumer is in accordance with the real wine price to the consumer ,so the false wine case crime amount shall be identified ,with the LV package is different .
But lawyers say ,air jordan,this kind of understanding of plausible ,is not legitimate and reasonable .After the trial, prosecutor Fu Xiaomei expresses when accepting a reporter to interview ,in case of false wine case that has been more controversial ,also have the court according to the middle price of the market that the situation .
But the identification of price is only a reference ,louboutin pas cher,the court will eventually according to the specific circumstances of the case carries out the comprehensive judgment ,but not completely in accordance with the appraisal conclusion .