Guiding Case No. 87: People v. Guo Mingsheng, Guo Mingfeng and Sun Shubiao (Case of counterfeiting a registered trademark)
- Guiding Case No. 87: People v. Guo Mingsheng, Guo Mingfeng and Sun Shubiao
- (Issued on March 6, 2017 as deliberated and adopted by the Judicial Committee of the Supreme People's Court)
- （最高人民法院审判委员会讨论通过 2017年3月6日发布）
- Keywords: criminal; crime of counterfeiting a registered trademark; amount of illegal business operations; online sale; brushing credibility
- 关键词 刑事/假冒注册商标罪/非法经营数额/网络销售/刷信誉
- In the crime of counterfeiting a registered trademark, the amount of illegal business operations and the amount of illegal gains shall be identified by taking into full account of such evidence as confessions of defendants, testimony of witnesses, statements of victims, electronic data of online sale, records and bank accounts of defendants, delivery notes, computer system records of express companies, and accounts kept by defendants. Where a defendant contends that there is untrue dealing for brushing credibility in the records of online retailing, but there is no evidence to prove the contention, such contention may not be admitted.
- The public prosecution organ charged that: From the end of November 2013 to June 2014, for the purpose of seeking illegal profits, without the licensing of Samsung (China) Investment Co., Ltd. and in collusion with defendants Sun Shubiao and Guo Mingfeng, defendant Guo Mingsheng purchased counterfeit bare SΛMSUNG mobile phones and accessories by wholesale from other persons, assembled them, publicized them as “genuine ones” by using his online store “SΛMSUNG Digital Counter” on Taobao, and sold them at a price significantly lower than the market price. They sold a total of over 20,000 counterfeit SΛMSUNG mobile phones, with the sales amount of over CNY20 million and the illegal profits of over CNY2 million, and they should be subject to criminal liability for the crime of counterfeiting a registered trademark. In the joint crime, Guo Mingsheng played a leading role and was the principal offender; and Guo Mingfeng and Sun Shubiao played an assistant role and were accessory offenders and they should be given lighter punishments.
- Defendants Guo Mingsheng, Sun Shubiao, Guo Mingfeng and