A few days ago, the People's Court of Guixi City, Jiangxi Province, sentenced the defendant Wu to one year and nine months' imprisonment and a fine of 50000 yuan in the first instance of an illegal business case; The defendant Ye was sentenced to fixed-term imprisonment of two years and one month, with a fine of 50000 yuan; The defendant Zhang was sentenced to 10 months' imprisonment, suspended for one year and fined 20000 yuan. The illegal income returned by the three defendants shall be confiscated and turned over to the State Treasury. The counterfeit and substandard cigarettes that have been impounded shall be dealt with by the seizure authority according to law. The Guixi Court found out through trial that in 2019, the defendant Wu met Fang (another case). In May 2021, after learning that Fang produced and sold fake cigarettes, the defendant Wu and the defendant Ye agreed to jointly sell fake cigarettes. They agreed that the defendant Wu would be responsible for purchasing fake cigarettes from Fang, and the defendant Ye would be responsible for receiving and selling them. The profits would be shared equally. From June 2021 to January 2022, the defendant Wu transferred 166,388.88 yuan to Fang for the purchase of counterfeit cigarettes. After receiving the counterfeit cigarettes, the defendant Ye sold them to several supermarkets in Guixi City. From November to December 2021, the defendant, Mr. Zhang, learned that the defendant, Mr. Ye, sold counterfeit cigarettes, and bought and sold counterfeit cigarettes from the defendant, Mr. Ye and Mr. Fang, many times, with a total sales amount of 63600 yuan. On January 4, 2022, Guixi Tobacco Monopoly Bureau seized 178 cigarettes of various brands from the defendant Ye, with a purchase value of 27620 yuan; 197 cigarettes of various brands were seized at a certain place of the defendant Zhang, with a purchase value of 26080 yuan. After identification, the counterfeit cigarettes seized from the defendant Ye and the defendant Zhang are counterfeit registered trademarks and counterfeit cigarettes. On January 5, 2022, the defendants Wu, Ye and Zhang were arrested by the public security organs. After arriving at the case, the three defendants truthfully stated the facts of the crime. During the trial of the case, the family members of the defendant Wu and Ye returned 14000 yuan and the defendant Zhang returned 8000 yuan. After the trial, the Guixi Court held that the defendants Wu, Ye and Zhang violated the national laws and regulations on tobacco monopoly and illegally operated tobacco monopoly products without a tobacco monopoly retail license. The circumstances were serious, and their acts constituted crimes of illegal operation. Among them, the operating amount of the defendants Wu and Ye was 194,008.88 yuan, and the operating amount of the defendant Zhang was 89,680 yuan. 3 The defendants, after arriving at the case, truthfully confessed their crimes, may be given a lighter punishment accding to law. The defendant, Mr. Zhang, voluntarily pleaded guilty and pleaded guilty to punishment, which can be dealt with leniently according to law. The defendant, Ye, has been criminally punished for intentional crimes, and may be given a heavier punishment as appropriate. The court made the above judgment in accordance with the law after making a comprehensive judgment on the three defendants' criminal facts, attitude of confession and return of stolen goods. After the judgment of the first instance was pronounced, the defendants Wu and Ye appealed. The second instance of Yingtan Intermediate People's Court ruled to reject the appeal and uphold the original judgment. (Liu Xinshe)
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
