Taobao anti-counterfeiting: Taobao store owner was sentenced to a fine of 3.5 million yuan for ten years!

　　Taobao has been fighting counterfeiting continuously. In recent years, there have been more and more counterfeit goods, and Alibaba has become increasingly strict in combating counterfeiting. Recently, Taobao store owners sold imported drugs without permission: they were sentenced to 10 years fined 3.5 million! These imported drugs were fake drugs without permission, and they were within the scope of Taobao's anti-counterfeiting.

　　Without obtaining a drug business license and imported drug registration certificate, Wang Yonggang and others opened several Taobao online stores to sell a total of more than 1.9 million yuan of drugs produced overseas. In June 2016, Wang Yonggang and seven others were convicted of producing and selling fake drugs. Wang Yonggang and Wang Hailiang appealed.

　　The Huaian Intermediate People's Court of Jiangsu Province upheld the original verdict in the final trial. Wang Yonggang was sentenced to 10 years in prison and a fine of 3.5 million for the crime of selling fake drugs; Wang Hailiang was sentenced to 4 years in prison and a fine of 500,000. This case is also one of the 10 typical cases of food and drug crimes in 2016 announced by the Jiangsu Provincial Public Security Department a few days ago. Others include the production and sale of counterfeit and inferior health products, sexual health products, "gutter oil", and water injection of buffalo meat.

　　Open a Taobao store to sell imported fake medicines

　　Since 2010, Wang Yonggang and his brother-in-law Lin have established the "Hong Kong Hongfeng Pharmaceutical Purchase Network" to sell drugs produced overseas without obtaining a drug business license and imported drug registration certificate. The drugs were transported to China by Lin, and Wang Yonggang was responsible for the online sale. The drugs sold were uniformly managed by Wang Hailiang in Shenzhen, Guangdong Province, and the storage, reception, and mailing work.

　　In order to increase sales, since the second half of 2013, Wang Yonggang has successively used multiple ID cards to register and open more than ten Taobao online stores, including "Hong Kong Hongfeng Pharmaceutical", "Hong Kong Baibaoyuan Trading Company", and "Hong Kong Good Products and Good Products Store", and hired defendant Zhang and others to be responsible for the management and sales of corresponding Taobao online stores. He purchased overseas-produced drugs such as "Overseas Chinese Industry" opened by the defendant Liu and "Hong Kong Hongwei Purchase Bone Festival Lingling" opened by the defendant Zhou, and other Taobao online stores that have not obtained the registration certificate for imported drugs, and placed the purchased medicine pictures and links in the above-mentioned Taobao online stores for sale.

　　As of the incident, Wang Yonggang sold the above drugs in total more than RMB 1.9 million. It was confirmed by the Food and Drug Administration of Huai'an City, Jiangsu Province that all the above drugs sold by Wang Yonggang should be treated as "fake drugs". After trial, the Qinghe District Court of Huai'an City held that Wang Yonggang, Wang Hailiang and others knew that they were fake drugs that had not been imported by the state, but still sold them. Their actions constituted the crime of selling fake drugs, among which Wang Yonggang and Wang Hailiang were particularly serious.

　　In June 2016, the court made a first-instance judgment, and all seven defendants including Wang Yonggang were guilty of selling fake drugs, of which Wang Yonggang was sentenced to 10 years in prison and a fine of RMB 350; Wang Hailiang was sentenced to 4 years in prison and a fine of RMB 500,000.

　　The second instance upheld the original judgment

　　Wang Yonggang and Wang Hailiang expressed dissatisfaction with the verdict and filed an appeal. Wang Yonggang and his defense lawyer proposed that the drugs involved in the case are real medicines in Hong Kong, but there is no national approval and there is no evidence to prove that the drugs involved in the case have caused harmful consequences to the human body; the sentencing in the first instance was too severe, and the Supreme People's Court requested to submit the sentencing below the statutory sentence; the fine was too severe.

　　Wang Hailiang and his defense lawyer proposed that the amount involved in the case was determined incorrectly and the sentencing in the first instance was severe. The Huaian Intermediate People's Court held that according to the provisions of the "Drug Administration Law of the People's Republic of China", imports of drugs must be reviewed by the drug supervision and administration department of the State Council. If they are confirmed to meet quality standards, are safe and effective, they can only be approved for import and issue an imported drug registration certificate.

　　Drugs that must be approved by law but are produced or imported without approval, or are sold without inspection without inspection shall be treated as fake drugs. As for this case, Wang Yonggang started selling fake drugs in 2010. At the beginning, some of the drugs were purchased from Hong Kong and brought to Shenzhen. After the second half of 2014, Wang Yonggang purchased fake drugs online and then sold them. In this case, the amount of Wang Yonggang sold fake drugs was the sales of fake drugs from October 1, 2014 to the period from the incident, totaling more than 1.9 million yuan.

　　The court said that as for whether it has harmful consequences to the human body, there is currently no evidence to prove it, but it does not affect the characterization of this case. The court held that according to the law, if the sale of counterfeit drugs exceeds 500,000 yuan, which is other particularly serious circumstances, he should be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death penalty, and a fine or confiscation of property.

　　According to Article 12 of the "Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Drug Safety" of the Supreme People's Court and the Supreme People's Procuratorate, "If a crime of producing or selling fake drugs is committed, a fine of more than twice the amount of production and sales shall be generally sentenced to a fine of more than twice the amount of production and sales in accordance with the law. If a joint crime is committed, the fine of the co-offenders shall be more than twice the amount of production and sales."

　　Therefore, Wang Yonggang sold more than 1.9 million yuan in fake medicine, and the circumstances could not be determined. The first instance court sentenced him to 10 years in prison and a fine of RMB 3.5 million, and there was no improper sentencing. In summary, the Huai'an Intermediate People's Court ruled in the final instance to reject the appeal and uphold the original judgment.

　　Taobao anti-counterfeiting, Taobao store owners sold imported drugs without permission: they were sentenced to 10 years fined 3.5 million! These imported drugs were fake drugs without permission, and they were within the scope of Taobao’s anti-counterfeiting. Here, Kaitao reminds merchants to operate in accordance with the rules and honestly.

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