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High court overrules verdict in fake sweater case
By Wang Qingchu |
December 28, 2011, Wednesday
|
Online Edition
Online Edition
THE Inner Mongolia Higher People's Court overturned the ruling of a lower court to fine a man 21.51 million yuan (US$3.4 million) for selling counterfeit wool sweaters and ordered a retrial.
Li Qing was earlier sentenced to five years in prison and a fine of 21.51 million yuan for selling knock-offs of well-known wool brands. He earned only about 10,000 yuan in the illegal business.
The higher court demanded the Intermediate People's Court of Ordos, a famous wool producer in Inner Mongolia Autonomous Region, to retry the defendant as its previous ruling "lacked clear and convincing evidence," Li's lawyer was quoted by today's Southern Metropolis Daily.
The case gained wide public attention as the fine was deemed excessively high compared with the gains Li made from the illegal business.
The Ordos Intermediate People's Court said Li began selling counterfeit sweaters he bought from Zhejiang Province since August 2010. The goods were sold under the brands of Erdos and Hengyuanxiang, both are famous wool brands in China.
Last December police seized 26,187 sweaters, worth 43 million yuan in marked prices. This amount was considered the total value of Li's counterfeit business and the fine was set accordingly, the court explained.
However, Li's lawyer argued that Li sold only about 400 sweaters at 100-150 yuan each in four months, but the claim was not supported by the court.
Li Qing was earlier sentenced to five years in prison and a fine of 21.51 million yuan for selling knock-offs of well-known wool brands. He earned only about 10,000 yuan in the illegal business.
The higher court demanded the Intermediate People's Court of Ordos, a famous wool producer in Inner Mongolia Autonomous Region, to retry the defendant as its previous ruling "lacked clear and convincing evidence," Li's lawyer was quoted by today's Southern Metropolis Daily.
The case gained wide public attention as the fine was deemed excessively high compared with the gains Li made from the illegal business.
The Ordos Intermediate People's Court said Li began selling counterfeit sweaters he bought from Zhejiang Province since August 2010. The goods were sold under the brands of Erdos and Hengyuanxiang, both are famous wool brands in China.
Last December police seized 26,187 sweaters, worth 43 million yuan in marked prices. This amount was considered the total value of Li's counterfeit business and the fine was set accordingly, the court explained.
However, Li's lawyer argued that Li sold only about 400 sweaters at 100-150 yuan each in four months, but the claim was not supported by the court.
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