Refurbishments were sold as new mobile phones, and six people were sentenced.

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  Online shopping for mobile phones is nothing new now. However, some lawless elements have exploited the loophole of the platform and sold them as brand-new genuine mobile phones with refurbished machines, which seriously violated the legitimate rights and interests of consumers. Recently, Yizheng Municipal People's Procuratorate prosecuted a case involving counterfeit registered trademarks of refurbished mobile phones and the sale of counterfeit registered trademarks, and all six defendants were punished.

  In March 2022, Mr. Pan, a citizen of Yizheng, bought an Apple mobile phone online. At that time, the online shop introduced this mobile phone as "Apple 12Promax original genuine mobile phone", because the price was not much different from the physical store. Mr. Pan thought it was more reliable, so he decided to place an order. After the arrival of the goods, Mr. Pan was relieved to see that the packaging of the mobile phone was intact.

  However, it didn't take long for Mr. Pan to find the problem. According to common sense, the battery life of the new mobile phone should be better, but the mobile phone purchased by Mr. Pan consumes very fast power, and it frequently appears stuck during use, and the touch screen often fails. After a period of time, the mobile phone can't even be turned on normally. Mr. Pan realized that he might have bought a fake, so he went to the public security organ to report the case.

  It is no accident that the mobile phone purchased by Mr. Pan was identified as a refurbished machine. According to the clue of Mr. Pan's online shopping, soon, the public security organs will wipe out a gang that manufactures and sells refurbished mobile phones.

  According to the investigation, from January 2020 to August 2022, two people, such as Wang, bought a large number of second-hand refurbished Apple mobile phones with back covers, screens and batteries from three people, such as Zhang, and after secondary packaging, they sold them as "genuine and brand-new Apple mobile phones" through Taobao shop at normal prices. The mobile phone packaging boxes, charging heads and data lines used in the secondary packaging were all counterfeit Apple trademarks. Peng has long sold Wang a mobile phone back cover with a counterfeit Apple trademark. By the time of the incident, Wang and others had sold about 20,000 refurbished Apple mobile phones, with a total sales amount of more than 74 million yuan and illegal profits totaling more than 3 million yuan.

  The case was transferred to Yizheng City Procuratorate for public prosecution. After examination, the procuratorate held that five people, including Wang, refurbished the second-hand Apple mobile phone and sold it without the permission of the registered trademark owner to obtain illegal profits, or knew that the refurbished second-hand Apple mobile phone was still purchased and sold with a brand-new mobile phone after secondary packaging, which belonged to the use of the same trademark as its registered trademark in the same commodity and constituted the crime of counterfeiting a registered trademark; Peng knows that it is the act of counterfeiting the back cover of Apple's mobile phone and still selling it, which constitutes the crime of selling goods with counterfeit registered trademarks.

  Recently, Yizheng City Court made a judgment and sentenced six people to fixed-term imprisonment ranging from five years and three months to one year and six months, some of which were suspended and fined.

  The prosecutor in charge of the case reminded the general public that when shopping online, especially when buying digital products, they must buy and ask for formal invoices through formal channels, and at the same time pay attention to the evidence retention of relevant vouchers, and take up legal weapons in time when their rights and interests are infringed.