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knowing that the "branded" mooncakes were fake, he bought a large number of them with his brother-in-law. after his brother-in-law was arrested, the man fled for more than two years and was finally caught

2024-09-15

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the man knew that the "branded" mooncakes were fake, but he bought a large number of them with his brother-in-law and sold them on the internet. after his brother-in-law was arrested, the man was finally caught after more than two years of hiding.

on september 15, the paper reporter learned from the people's procuratorate of jing'an district, shanghai (hereinafter referred to as "jing'an district procuratorate") that after the prosecution was filed by the procuratorate, the intellectual property criminal case of selling counterfeit mooncakes of a well-known brand was sentenced on september 13. the people's court of jing'an district, shanghai sentenced sun moumou to one year in prison and a fine of rmb 70,000 for the crime of selling goods with counterfeit registered trademarks.

according to the jing'an district procuratorate, during the peak mooncake sales season on the eve of the mid-autumn festival in 2021, sun moumou, in order to obtain illegal profits, colluded with his brother-in-law huang moumou (who has been sentenced) to contact sources of counterfeit mooncakes from well-known brands such as "maxim's" and "guangzhou restaurant" and purchased them at low prices, and sold them on e-commerce platforms at prices ranging from 70 to 110 yuan per box.

in order to evade the platform's supervision on the sale of counterfeit goods, they specially purchased anti-counterfeiting codes and packaging boxes to package the counterfeit mooncakes, making it impossible for ordinary people to distinguish the authenticity of the goods with the naked eye.

to evade investigation, sun also registered an online store on an online shopping platform to attract customers online. after customers expressed their intention to buy through the e-commerce platform, they would guide consumers to add their wechat and process orders, payments and shipments through wechat to avoid leaving traces on the platform. after the upstream source of goods was investigated, they began to destroy sales records and used codes such as "liu 5", "liu xin 3" and "shuang huang 18" to refer to different specifications of counterfeit goods.

on september 14, 2021, the jing'an branch of the shanghai public security bureau destroyed the counterfeit den, huang was arrested on the spot, and sun fled after hearing the "rumor". the public security organs seized mooncakes, packaging boxes, packaging bags and other items marked with the registered trademarks of "maxim" and "guangzhou restaurant" from sun's warehouse. after identification, they were all counterfeit registered trademarks, with a value of 1,841 yuan.

after accepting the case, the jing'an district procuratorate, in the case of a large amount of evidence being destroyed, actively performed its duties, restored the transaction model and transaction habits of the case in detail, and accurately selected the sales data involved in the case from the complex data, and finally determined that the sales amount of the case was more than 150,000 yuan. the case was effectively concluded and huang received the punishment he deserved.

after that, the procuratorate repeatedly advised sun, who was on the run, through the public security organs and sun's family, urging him to surrender as soon as possible and seek lenient treatment. however, sun not only refused, but also destroyed the evidence.

in april 2024, sun was arrested by the public security organs. after being arrested, sun confessed his crimes truthfully, voluntarily pleaded guilty and accepted punishment, and returned part of the illegal gains. after the prosecution was filed by the procuratorate, the court made the above judgment.