Judgment No. 41/2019/HS-ST dated september 17, 2019 on manufacturing and trading of counterfeit food additives

PEOPLE'S COURT OF DISTRICT T, BAC GIANG PROVINCE

JUDGMENT NO. 41/2019/HS-ST DATED SEPTEMBER 17, 2019 ON MANUFACTURING AND TRADING OF COUNTERFEIT FOOD ADDITIVES

On September 17, 2019, at the head office, the People’s Court of Ha Tinh province hears a first instance trial of criminal case No. 34/20190/TLST-HS dated July 19, 2019 under the Decision to Bring the Case to Trial No. 133/2019/QDXXST-HS dated August 14, 2019 against:

Full name: Nguyen Thi T, born on July 12, 1970; Other name: none; registered permanent residence: village S, commune Ng, district T, province B; Place of residence: village S, commune Ng, district T, province B; Occupation: shopkeeper; Educational level: 12/12; Ethnic group: Kinh; Gender: female; Religion: None; Nationality: Vietnamese; Father: Nguyen Van T and Mother: Mrs. Nguyen Thi D; Husband: Nguyen Van L; 2 children: born in 1990 and 1993; Previous conviction: none; previous administrative violation: none. The defendant was detained from December 20, 2018 to December 28, 2018, and then has been imposed residential confinement (appearing in court).

* Persons with interests and obligations related to the case:

- U Vietnam International Company Limited; Address: Lot A2-3, Industrial Zone T, Commune T, District C, City H;

Represented by Mr. Ngo Tien D - Trademark protection officer - U International Vietnam Co., Ltd. (not appearing in court); Address: Street Nh, Ward Th, District Th, City H ; - Company A Vietnam, represented by Mr. Bui Cao Th - born in 1986 (not appearing in court).

Place of residence: Village 7, Commune K, District Th, Province H.

- Mr. Nguyen Van L, born in 1960 (not appearing in court)

Place of residence: Village S, Commune Ng, District T, Province B;

- Mr. Nguyen Huu T, born in 1963 (not appearing in court)

Place of residence: Village H, Commune S, District T, Province B;

- Ms. Nguyen Thi Ng, born in 1965 (with request for trial in absentia).

Place of residence: No. 05, Street D, Ward L, City B, Province B;

- Ms. Pham Thi H, born in 1982 (with request for trial in absentia)

Place of residence: Market B, Commune Ng, District T, Province B;

* Witnesses:

- Ms. Nguyen Thi V, born in 1982 (not appearing in court)

Place of residence: Village T, Commune Ng, District T, Province B;

- Ms. Nguyen Thi Th, born in 1988 (with request for trial in absentia)

Place of residence: Village Ch, Commune Ng, District T, Province B;

FACTUAL AND PROCEDURAL BACKGROUND

According to the documents available in the case file and the progress at the trial, the contents of the case are summarized as follows:

Nguyen Thi T, born in 1970, in Village S, Commune Ng, District T, B has a familiar relationship with Nguyen Huu T, born in 1963, residing in Village H, Commune S, District T, B; T and T both sell groceries at Market B, Commune Ng, District T, Province B. Through a chit-chat, T told T to fake monosodium glutamate (MSG) brand A and detergent of brand O to make a profit, T agreed. Around October 2018, T lent T an impulse sealer with the symbol "Tan Thanh", and at the same time T introduced and gave T the phone number 0915.275.739 of a woman called "Voi" in the area of Market Th, City B to buy ingredients and packages of MSG of brand A. In November 2018, T contacted the woman called "Voi" that T introduced to buy 07 sacks MSG of 25kg/01 sack in foreign language and two red shrimp picture for the price of 870,000 VND/01 sack and then brought it home for the purpose of selling fake MSG of brand A. After that, T got hold of and bought more than 1,000 packages of MSG of brand A from a woman with unknown name and address in Market Th, City B for 1,800 VND/01 package. After buying all the ingredients, T asked T to come to T’s house to instruct T to use the impulse sealer to pack the MSG into packages of MSG of brand A, and T also gave T empty packages of detergent brand O. After being instructed on how to pack by T, T left. At the end of November 2018, T bought 04 sacks of detergent of 25kg for 325,000 VND/01 bag from a man who introduced himself as T usually coming to T’s house to deliver groceries; after that, T put away bags of MSG and bags of detergent and packages at home.

With enough ingredients and packages, T proceeded to produce fake MSG of brand A and fake detergent of brand O by pouring the MSG ingredients from the bag into a blue plastic pot, using a plastic bottle cut in half to scoop ingredients and pour them into the empty packages labeled brand A and used a scale of Nhon Hoa brand with a limit of 5kg to weigh the quantity of ingredients as heavy as indicated on the package. After that, T used an impulse sealer to weld the edge of the package and finished fake MSG of brand A of kinds of 454g and 01kg. Still in the same manner as producing fake MSG of brand A, T produced fake detergent of brand O of 400g; 800g; and 03kg.

In the evening on December 19, 2018, T received a phone call from a woman named H in Market B, Commune Ng, District T, Province B, this woman ordered T 40 packages of MSG of brand A type 01kg and 40 packages of MSG of brand A, type 454g and asked T to deliver the order to H’s house in Market B, Commune Ng, District T, Province B in the next day.

At around 12:30 a.m. on December 20, 2018, T rode a Wave alpha motorcycle, license plate 98L1 – 9282, carrying 01 green sack containing 40 packages of fake MSG of brand A, type 454g and 06 packages of fake MSG of brand A of 01kg bag in deck between the handlebars and saddle and 01 green sack containing 36 packages of fake MSG of brand A of 01 kg kept on the cargo rack of the saddle from home to Market B, Commune Ng, Huyen T to deliver the goods to the woman named H. Around 12:50 on the same day, T rode the motorcycle to the dike bank area near the bridge G in Village H, Commune Ng, District T, then a working group of the Economic Police Department of Province B found that T was engaged in producing and trading fake goods.

Through checking, the Economic Police Department of Province B seized the following:

01 green sack containing 40 packages printed with the word “Bột ngọt Nhật Bản duy nhất” of MSG brand A, type 454g, total 17.2kg weighed by the scale of Nhon Hoa brand, type 120kg; 06  packages printed with the word “Bột ngọt Nhật Bản duy nhất” of MSG brand A, type 01kg, total 5.8kg weighed by the scale of Nhon Hoa brand, type 120kg.

01 green sack containing 34 packages printed with the word “Bột ngọt Nhật Bản duy nhất” of MSG brand A, type 01kg, total 33kg weighed by the scale of Nhon Hoa brand, type 120kg.

Police Investigation Agency of Province B has sealed 34 packages with the word “Bột ngọt Nhật Bản duy nhất” of MSG brand A, type 01kg, and 02 green sacks in a carton. They also has sealed 40 packages with the word “Bột ngọt Nhật Bản duy nhất” of MSG brand A, type 454g and 06 packages with word “Bột ngọt Nhật Bản duy nhất" MSG brand A, type 1 kg in a carton, all signed by Mr. Bui Ngoc H, investigator, Mr. Nguyen Van D, chief of Commune Ng police, Ms. Nguyen Thi V, Nguyen Thi Th and Nguyen Thi T, stamped with the round seal of Commune Ng police, District T, dated December 20,  2018.

01 WAVE anpha motorcycle, license plate 98L1-9282 in dark blue color, without front covers, with freight rack mounted at the saddle.

Still on December 20, 2018, the Police Investigation Agency of Province B issued a search warrant at Nguyen Thi T's whereabouts. During the search process, the Police Investigation Agency seized at the main room in the class-4 house, with tile roof, straight from the main door to the house: 13 packages of MSG brand A, type 01kg in net weight, total 13.2kg weighed by the scale of Nhon Hoa brand, type 120kg; 33 packages of MSG brand A, type 454g in net weight, total 14.2kg weighed by the scale of Nhon Hoa brand, type 120kg.

1 package of MSG brand A, type 454g in net quantity, not fully sealed, containing MSG inside, 0.22kg weighed by the scale of Nhon Hoa brand, type 120kg.

All of the above evidences are sealed in a yellow carton, the size is about (34cmx51cmx30cm).

741 new packages of MSG of brand A, 01kg in net weight.

683 new empty packages of MSG of brand A, 454g in net weight.

03 sacks in foreign language thereon, printed with two red shrimp picture, the package has been cut one edge.

All of the above packages are sealed in a yellow carton, the size is about (26cmx38cmx22cm).

01 scale of Nhon Hoa brand, in blue color, type 10kg, with a metal pan with a diameter of 27cm; 01 green scale of Nhon Hoa brand, type 5kg, with a metal pan with a diameter of 20.5cm; 01 iron knife, old and used, knife edge 03cm wide, 22cm long, wooden handle; 01 green plastic mug with diameter of 09cm, 15.5cm high; 01 iron scissors 14.5cm x 8.5cm, with green plastic handle, used; 01 iron broom with wooden handle, about 27cm long, the wooden handle is about 20.5cm long, the diameter of the wooden handle is about 1.6cm, used; 01 blue marker about 14cm long, printed with word “YUAN YANG”; 01 green measuring mug, plastic cap with the word “Sprite”, about 22cm high, used.

All of the above evidences are sealed in a yellow carton, the size is about (45cmx25cmx35cm).

04 packages of detergent of brand O, type 03kg, weighed by the scale of Nhon Hoa brand, type 120 kg, sealed in a yellow carton about (24cmx34cmx33cm); 34 packages of detergent of brand O, type 800g, total 26.5 kg weighed by the scale of Nhon Hoa brand, type 120kg, sealed in a white carton about (32cmx51cmx32cm); 97 packages of detergent of brand O, type 400g, total 37 kg weighed by the scale of Nhon Hoa brand, type 120 kg.

All of the above packages of detergent are sealed in a yellow carton, the size is about (60cmx45cmx29cm).

38 empty packages of detergent of brand O, type 800g, unused; 98 empty packages of detergent of brand O, type 400g, unused; 79 empty packages of detergent of brand O, type 03kg, unused; 02 white packages with the word "25kg" written in red color, with one edge cut off.

All of the above evidences are sealed in a yellow carton, the size is about (29cmx32cmx37cm).

01 impulse sealer, inscribed with the word “Tan Thanh”, model: M5; 220V, with a white stamp, the stamp size is 10cm x 7.5cm, on the stamp it says Tri Viet Technology Company Limited, address: No. 5, group 19, Long Bien Ward, Long Bien District, Hanoi; machine size: 52cm x 40cm x 92cm, blue, powered by electricity. It is sealed in a light yellow carton with the size about (63cmx48cmx96cm); 03 sacks of MSG in foreign language, printed with two red shrimp pictures, weighed by the scale of Nhon Hoa brand of 120kg, each bag weighs 25kg, total weight of 03 bags is 75kg; 02 bags of detergent, white bag, with the word "25kg" written in red color, total 25.5kg weighed by the scale of Nhon Hoa brand of 120kg.

All the above bags of MSG and detergent are stuck with a seal with the signatures of the relevant person and the seal of Commune Ng police at the edge of each bag.

01 green plastic pot, 56cm in diameter.

Still on December 20, 2018, Mr. Nguyen Van L, who is Nguyen Thi T's husband, voluntarily handed over to the Police Investigation Agency of Province B:

01 certificate of motorbike registration No. 0084926 registered on March 31, 2004 issued by the Traffic Police Division affiliated to Police Department of Province B, the license plate number 98L1-9282.

01 mobile phone of Xphone bran in light yellow, Model: X6216, number EMEI1: 358735066172767, EMEI2: 358735066172775, containing 01 Viettel sim No. 8984048000030944383, old and used , no quality check. The Expertise Conclusion No. 7286/C09 (P4) dated December 28, 2018 of the Institute of Criminal Science affiliated to the Ministry of Public Security concludes:

* With regard to MSG of brand A:

The MSG of brand A, type 01kg and 454g sent for assessment are not the same as the MSG, type 01kg and 454g provided by company A Vietnam as a comparison sample.

The empty packages of MSG of brand A, type 01kg and 454g sent for assessment are not the same as those of the MSG packages type 01kg and 454g provided by company A Vietnam as a comparison sample.

The empty packages of MSG of brand A, type 01kg and 454g sent for assessment are the same as those of the MSG packages type 01kg and 454g seized at the house of Nguyen Thi T.

MSG ingredients in 03 (three) sacks in foreign language, printed with two red shrimp picture seized at the house of Nguyen Thi T and ingredients in the packages of MSG of brand A, type 01kg and 454g sent for assessment are the same.

* With regard to detergent of brand O:

The detergent of brand O, type 03kg, 800g and 400g sent for assessment are not the same as those of the detergent of brand O, type 03kg, 800g and 400g provided by international company U Vietnam as a comparison sample.

The empty packages of detergent of brand O, type 03kg, 800g and 400g seized at the house of Nguyen Thi T sent for assessment are not the same as those of the empty packages of detergent of brand O, type 03kg, 800g and 400g provided by international company U Vietnam as a comparison sample.

The empty packages of detergent of brand O, type 03kg, 800g and 400g sent for assessment are the same as those of the empty packages of detergent of brand O, type 03kg, 800g and 400g seized at the house of Nguyen Thi T.

Detergent ingredients in 02 (two) white sacks, with the word “25kg” in red color, seized at the house of Nguyen Thi T and detergent ingredients in packages of detergent of brand O, type 03 kg, 800g and 400g sent for assessment are the same.

The conclusion of valuation of assets in criminal procedures No. 06/KL-DGTS dated February 13, 2019 of the Asset Valuation Council of district T states: Do not value 01 package of MSG bearing brand A, type 454g (not yet finished) because this is an unfinished product which has not been traded on the market.

73 packages of MSG of brand A, 454g x 28,000 VND = 2,044,000 VND (Two million and forty-four thousand dong only).

53 packages of MSG of brand A, 01kg x 58,000 VND = 3,074,000 VND (Three million and seventy-four thousand dong only).

04 packages of detergent of brand O, 03kg x126,000 VND = 504,000 VND (Five hundred and four thousand VND only).

34 packages of detergent of brand O, 0,8kg x 36.000 VND = 1.224.000 VND (One million two hundred twenty four thousand dong only).

97 packages of detergent of brand O, 0,4kg x 18.000 VND = 1.746.000 VND (One million seven hundred forty six thousand VND only).

Total asset value is 8,592,000 VND (Eight million five hundred and ninety two thousand dong only).

During the investigation, Nguyen Thi T has confessed to all her crimes as mentioned above.

In the Statement of Charges No. 35/CT-VKS dated July 17, 2019 of the People's Procuracy of district T, Nguyen Thi T is prosecuted for: “Manufacturing and trading of counterfeit food additives” as prescribed in clause 1 Article 193 of the Criminal Code.

* At the court session today, the representative of the People's Procuracy of district T upholds the prosecution and proposes the Trial Panel to declare the defendant Nguyen Thi T guilty of “Manufacturing and trading of counterfeit food additives”. Pursuant to Clauses 1 and 5 of Article 193; Point s Clause 1, Clause 2 of Article 51; Article 65 of the Criminal Code, sentence Nguyen Thi T to from 2 years to 2 years and 6 months in prison but give her a suspended sentence. The probation period is from 4 years to 5 years. The defendant will be fined from 20,000,000 VND to 30,000,000 VND. and gives recommendation for handling exhibits and court fees.

At the trial, the defendant sincerely pleads guilty of producing and trading counterfeit food additives as stated in the Statement of Charges, the defendant does not argue, but only propose the Trial Panel to alleviate the penalty for the defendant.

JUDGEMENT OF THE COURT

Based on the contents of the case and documents available in the case file that have been litigated at the trial, the Trial Panel shall determine as follows:

 [1] Regarding the procedural acts  and decisions of the Police Investigation Agency of district T, the People’s Procuracy and Procurators in the course of investigation and prosecution, they have complied with procedures and taken actions intra vires as prescribed by the Criminal Procedure Code. In the course of investigation and at the trial, the defendant gives no opinion or complaint about the procedure and decision of the presiding agencies and presiding officers. Therefore, the procedural acts and decisions of the presiding authorities and presiding officers have been made legally.

 [2] At today's trial, the persons with related rights and obligations, including Mr. Ngo Tien D authorized representative of U Vietnam International Co., Ltd., Mr. Bui Cao Th authorized representative of the Company A Vietnam, Mr. T, Mr. L, Ms. Ng, Ms. H, Ms. V, Ms. Th, though having been duly summoned, do not appear in court. Mr. D, Mr. Th, Mr. T, Mr. L, Ms. Ng, Ms. H, Ms. V, Ms. Th have testimonies during the investigation. Deeming that their absence does not affect the resolution of the case, the Trial Panel decides to continue to hear the case in accordance with Clause 1 Article 292, Clause 1 Article 293 of the Criminal Procedure Code.

 [3] With reference to offense and penalty:  At the court session, the defendant appears in court and completely pleads guilty as stated in the prosecution decision. The defendant's plea is consistent with the report of offence caught in the act, the evidence seized, the expertise conclusion, the testimonies of the persons with related interests and obligations, the witnesses and other relevant documents in the case file taken by the investigating agency on the time, space and place where the case occurred. The Trial Panel finds substantial grounds to conclude:

At the end of November 2018, Nguyen Thi T, born in 1970 in Village S, Commune Ng, District T, Province B committed the act of packing 73 packages of fake MSG of brand A, type 454g; 01 package of fake MSG of brand A, type 454g, unfinished; and 53 packages of fake MSG of brand A, type 01 kg, produced by company A Vietnam, with a total value of 5,118,000 VND. At around 12:30 a.m. on December 20, 2018, T rode a Wave alpha motorcycle, license plate 98L1 – 9282, carrying 01 green sack containing 40 packages of fake MSG of brand A, type 454g and 40 packages of fake MSG of brand A of 01kg bag for sale. When T approached the dike bank area near the bridge G in Village H, Commune Ng, District T, a working group of the Economic Police Department of Province B detected and made a record, and then seized all of above fake MSG and the MSG at T’s house and instrumentalities used in faking MSG. When committing the criminal act, the defendant is old and capacitated enough for criminal responsibility and commits the act with direct intention. Therefore, there are sufficient grounds to determine that the defendant commits the crime "Manufacturing and trading of counterfeit food additives" and the penalty is specified in Clause 1, Article 193 of the Criminal Code.

 [4]. In terms of the defendant's prior good conduct, aggravating and mitigating circumstances, the Trial Panel finds that:

During the investigation phase and at the trial today, the defendant has expressed cooperative attitude and showed her repentance and desire to redeem her faults. The defendant has no criminal record or administrative violation. Defendant T's biological father, Mr. Nguyen Van T, was awarded the Third-Class Resistance Medal by the State. This is a mitigating circumstance specified at Point s, Clause 1 and Clause 2, Article 51 of the Criminal Code, which should be considered to alleviate when deciding the penalty.

Regarding the aggravating circumstances: the defendant does not have an aggravating circumstance.

From the analysis and assessment of the nature and severity of the defendant's criminal acts, prior good conduct and mitigating and aggravating circumstances.

The trial panel finds that defendant T has a good personality and has no criminal record.

In addition to this crime, the defendant is a citizen who has well abided by the policies and laws of the locality where he resides. After committing the crime, she expressed cooperative attitude and showed her repentance, she has a clear residence, with many extenuating circumstances specified in Clauses 1 and 2, Article 51 of the Criminal Code. The Trial Panel considers that it is not necessary isolate the defendant from society, but grant the defendant a suspended sentence; rehabilitation at residence is deemed enough to educate the defendant to well observe the law and also shows leniency of the law of the Socialist Republic of Vietnam.

Defendant T has a stable income, so a fine shall also impose on the defendant T.

 [5] Regarding the woman named "Voi"; during the investigation, the investigation agency has identified a woman named "Voi" with the phone number 0915275739 selling MSG ingredients to T as T claimed to be Ms. Nguyen Thi Ng, born in 1965, at the house No. 5, Street D, Ward L, City B. Ms. Ng admitted that Ms. Ng sells sacks of MSG, type 25kg, each with a picture of two red shrimps, and Ms. Ng does not remember how many sacks she sold to T, she did not know T forged the MSG of brand A, Ms. Ng herself has no other name as "Voi". On the other hand, Nguyen Thi T affirms that Ms. Ng is the one who sold the MSG ingredients to T, but Ms. Ng is not the woman who sold the packages of MSG of brand A to T.

As for the origin of MSG sacks, type 25kg, with the picture of two red shrimps, Ms. Ng confirmed that she bought them from N Food Trading Co., Ltd. at No. 39, Street Y, Ward Y, District T, City H. The investigation agency has worked with N Food Trading Co., Ltd. in 2018 and confirms that this company has repeatedly sold MSG sacks, type 25kg, to Ms. Ng. Therefore, the Police Investigation Agency of the district T has no basis to consider criminal responsibility of Ms. Ng.

 [6] As for Nguyen Huu T, during the investigation, Tai did not admit that he had lent T an impulse sealer and did not know the woman named "Voi", T did not give T the woman's phone number. The investigation agency of district T conducted a confrontation with Nguyen Huu T, but to no avail, so the investigation agency has no grounds to consider his criminal responsibility; on June 25, 2019, the investigation agency separated the documents related to Nguyen Huu T from the case file for further investigation, when there are new grounds, they will be considered and processed later.

 [7] As for the woman named Tiem, also known as H, who ordered T MSG of brand A, she is a seller of groceries at Market B, Commune Ng, District T, but this woman did not order fake MSG of brand A. T herself has never met the woman named H. The investigation agency conducted a verification in the Market B, Commune Ng, District T, there is a woman named Pham Thi H, born in 1982, in Village B, Commune Ng, District T, Province B who sells groceries, but Ms. H asserted that she did not call to order MSG of brand A from Nguyen Thi T. So, the investigation agency did not have grounds to consider and deal with Ms. Pham Thi H. On June 25, 2019, the police investigation agency separated the documents related to the woman named H from the case file to continue the investigation, when there are sufficient grounds, she will be handled later.

 [8] As for the woman who sells empty packages of MSG of brand A in Market Th, City B, T does not know the name, age, address and does not remember the woman's characteristics, so the investigation agency has no ground for verification. On June 25, 2019, the police investigation agency separated the documents related to this woman from the case file to continue the investigation, when there are sufficient grounds, she will be handled later.

 [9] As for the man named T who sold the sacks of detergent to Tiem, Tiem does not know his name, age and address, so the investigation agency cannot determine who sold the detergent ingredients to T. The investigating agency separated documents related to this man from the case file to continue the investigation, when there are grounds, he will be handled later.

 [10] As for Mr. Nguyen Van L, born in 1960 as T's husband, Mr. Nguyen Van T, born in 1993, Ms. Hoang Thi Nh, born in 1998, is T's son and daughter-in-law in Village S, Commune Ng, District T, Province B. Both husband and children of T do not know that T has produced and traded counterfeit goods, so Mr. Lo, Mr. T, and Ms. Nh do not violate the law.

 [11] As for the defendant's act of producing fake O-brand detergent, there are not enough elements to constitute a crime, on June 7, 2019, the Chief of the T District police issued an administrative penalty decision of 13,000,000 VND.

 [12] For 03 MSG sacks, in foreign language, with the picture of two red shrimps seized at house of T with a total weight of 75kg, these ingredients have not been packed. On the other hand, the defendant declared this amount of MSG would be sold by weight, so the investigation agency has no grounds to handle this behavior.

 [13] Regarding exhibit handling:

- The following instrumentalities of crime shall be confiscated: 01 WAVE anpha motorcycle, license plate 98L1-9282 in dark blue color, without front covers, with freight rack mounted at the saddle and 01 certificate of motorbike registration No. 0084926 registered on March 31, 2004 issued by the Traffic Police Division affiliated to Police Department of Province B, the license plate number 98L1-9282; 01 mobile phone of Xphone bran in light yellow, Model: X6216, number EMEI1: 358735066172767, EMEI2: 358735066172775, containing 01 Viettel sim No. 8984048000030944383. - 03 white sacks, in foreign language, with the picture of two red shrimps, sealed by the red seal of the Institute of Criminal Technology, Ministry of Public Security and the signatures enclosed with the names of the parties concerned. The inside contains the MSG ingredients, produced by the N Food trading company Ltd., which has been granted the business registration certificate; 01 sealed carton includes: 01 scale of Nhon Hoa brand, in green color, type 10kg, with metal pan of 27cm in diameter; 01 scale of Nhon Hoa brand, type 5kg, with metal pan of 20.5cm in diameter; 01 yellow carton sealed by the red seal of the Institute of Criminal Technology of the Ministry of Public Security and the signatures with the names of the parties concerned, in which there is 01 impulse sealer of Tan Thanh brand, model: M5; 220V with white stamp, stamp size 10cm x 7.5cm on the stamp with Tri Viet Technology Company Limited. The above assets are still valid for use, so it is necessary to be confiscated.

- 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the full names of the parties concerned. Inside, there are 40 packages of fake MSG of brand A, type 454g and 06 packages of fake MSG of brand A, type 1 kg; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 34 packages of fake MSG of brand A, type 1kg and 02 cartons sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 13 packages of fake MSG of brand A, type 1kg and 34 packages of fake MSG of brand A, type 454g; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 13 packages of fake MSG of brand A, type 1kg and 34 packages of fake MSG of brand A, type 454g; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 666 empty packages of fake MSG of brand A, type 1kg and 607 empty packages of fake MSG of brand A, type 454g and 03 sacks in foreign language, with picture of two red shrimps; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 03 packages of fake detergent of brand O, type 3kg and 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 33 packages of fake detergent of brand O, type 800g; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 96 packages of fake detergent of brand O, type 400g; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 20 empty packages of detergent of brand O type 800g; 70 empty packages of detergent of brand O type 400g; 59 empty packages of detergent of brand O, type 3kg; 02 white bags with red word “25kg”; 02 white sacks with red word "25kg", sealed by the red seal of the Institute of Criminal Technology affiliated to Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are detergent ingredients. All packages of MSG of brand A and detergent of brand O have their edges cut; the edges of sacks of detergent and MSG ingredients have been cut off; 01 used iron knife, 03cm wide, 22cm long, wooden handle; 01 green plastic mug, 09cm in diameter, 15.5cm high; 01 iron scissors with size 14.5cm x 8.5cm, with green plastic handle, used; 01 iron broom with wooden handle, about 27cm long, the wooden handle is about 20,5cm long, the diameter of the wooden handle is about 1.6cm, used; 01 blue marker about 14cm long, printed with the word “YUAN YANG”, used; 01 green measuring mug, one end with plastic cap, with the word “Sprite”, about 22 cm high, used; 01 green plastic pot, 56cm in diameter. All of the above assets are no longer valid and should be confiscated and destroyed.

 [14] Defendant; persons with related interests and obligations have the right to appeal the judgment according to the provisions of Articles 331 and 333 of the Criminal Procedure Code.

Considering the request of the Procuracy's representative at the court hearing about the offense, the applicable law, the penalty level and the handling of evidence, there are grounds to be accepted.

Therefore, 

DISPOSITION

Pursuant to Clauses 1, 5 Article 193; Point s, Clause 1, Clause 2 Article 51, Article 65 of the Criminal Code in Viet Nam.

1. Declare defendant Nguyen Thi T guilty of “Manufacturing and trading of counterfeit food additives".

Sentence defendant Nguyen Thi T to 02 years and 06 months in prison but grant her a suspended sentence, the probation period is 05 years from the date of pronouncement of judgment.  Further impose her a fine of 20,000,000 VND (twenty million).

Assign the defendant Nguyen Thi T to the People's Committee of Commune Ng, District T, Province B to supervise and educate during probation. Where the person serving suspended sentence changes his/her place of residence, the Law on Criminal Execution shall apply.

During the probation period, if the person serving suspended sentence intentionally violates the obligations 2 times or more, the Court may force the probationer on probation to serve the original full prison sentence.

2. Regarding evidence: Pursuant to point b Clause 1 Article 47 of the Criminal Code; Points a, c Clause 2 Article 106 of the Criminal Procedure Code in Viet Nam;

* Confiscate the following:

01 WAVE anpha motorcycle, license plate 98L1-9282 in dark blue color, without front covers, with freight rack mounted at the saddle and 01 certificate of motorbike registration No. 0084926 registered on March 31, 2004 issued by the Traffic Police Division affiliated to Police Department of Province B, the license plate number 98L1-9282; 01 mobile phone of Xphone bran in light yellow, Model: X6216, number EMEI1: 358735066172767, EMEI2: 358735066172775, containing 01 Viettel sim No. 8984048000030944383. 03 white sacks, in foreign language, with the picture of two red shrimps, sealed by the red seal of the Institute of Criminal Technology, Ministry of Public Security and the signatures enclosed with the names of the parties concerned. The inside contains the MSG ingredients, produced by the N Food trading company Ltd., which has been granted the business registration certificate; 01 sealed carton includes: 01 scale of Nhon Hoa brand, in green color, type 10kg, with metal pan of 27cm in diameter; 01 scale of Nhon Hoa brand, type 5kg, with metal pan of 20.5cm in diameter; 01 yellow carton sealed by the red seal of the Institute of Criminal Technology of the Ministry of Public Security and the signatures with the names of the parties concerned, in which there is 01 impulse sealer of Tan Thanh brand, model: M5; 220V with white stamp, stamp size 10cm x 7.5cm on the stamp with Tri Viet Technology Company Limited. * Confiscate and destroy the following:

01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the full names of the parties concerned. Inside, there are 40 packages of fake MSG of brand A, type 454g and 06 packages of fake MSG of brand A, type 1 kg; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 34 packages of fake MSG of brand A, type 1kg and 02 cartons sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 13 packages of fake MSG of brand A, type 1kg and 34 packages of fake MSG of brand A, type 454g; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 13 packages of fake MSG of brand A, type 1kg and 34 packages of fake MSG of brand A, type 454g; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 666 empty packages of fake MSG of brand A, type 1kg and 607 empty packages of fake MSG of brand A, type 454g and 03 sacks in foreign language, with picture of two red shrimps; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 03 packages of fake detergent of brand O, type 3kg and 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 33 packages of fake detergent of brand O, type 800g; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 96 packages of fake detergent of brand O, type 400g; 01 carton sealed by the red seal of the Institute of Criminal Technology affiliated to the Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are 20 empty packages of detergent of brand O type 800g; 70 empty packages of detergent of brand O type 400g; 59 empty packages of detergent of brand O, type 3kg; 02 white bags with red word “25kg”; 02 white sacks with red word "25kg", sealed by the red seal of the Institute of Criminal Technology affiliated to Ministry of Public Security and the signatures enclosed with the names of the parties concerned. Inside, there are detergent ingredients. All packages of MSG of brand A and detergent of brand O have their edges cut; the edges of sacks of detergent and MSG ingredients have been cut off; 01 used iron knife, 03cm wide, 22cm long, wooden handle; 01 green plastic mug, 09cm in diameter, 15.5cm high; 01 iron scissors with size 14.5cm x 8.5cm, with green plastic handle, used; 01 iron broom with wooden handle, about 27cm long, the wooden handle is about 20,5cm long, the diameter of the wooden handle is about 1.6cm, used; 01 blue marker about 14cm long, printed with the word “YUAN YANG”, used; 01 green measuring mug, one end with plastic cap, with the word “Sprite”, about 22 cm high, used; 01 green plastic pot, 56cm in diameter.

3. With reference to court fees:  Apply Clause 2, Article 136 of the Criminal Procedure Code; Point a, Clause 1, Article 23 of Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of the National Assembly,  The defendant has to pay VND 200,000 of first instance criminal fee..

4. With reference to right to appeal: Pursuant to clause 1, clause 4 Article 331, clause 1 Article 333 of the Criminal Procedure Code, The defendant is entitled to appeal this judgment within 15 days from the date of pronouncement. The persons with related rights and obligations appearing in court have the right to appeal within 15 days from the date on which the judgment is served or posted up./.


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Judgment No. 41/2019/HS-ST dated september 17, 2019 on manufacturing and trading of counterfeit food additives

Số hiệu:41/2019/HS-ST
Cấp xét xử:Sơ thẩm
Agency issued: Tòa án nhân dân Huyện Tân Yên - Bắc Giang
Field:Hình sự
Date issued: 17/09/2019
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