IPOH, Oct 5 — Two company directors and a manager were fined RM175,950 each by the Session Court here today for possessing a total of 17,595 units of fake branded shoes in 2019.
Judge Norashima Khalid meted out the punishment after finding the accused Yap Yin Keat, 50, Sun Haixia, 41, and manager Yap Kian Seng, 60, were guilty of possessing the counterfeit goods for the purpose of trading.
“After hearing the submission and evidence submitted from the prosecution team, the court found all three accused guilty of the offence,” she said.
Norashima ordered each accused to pay a fine of RM10 for every unit of fake branded shoes they possessed.
The court also ordered all three accused to serve 24 months in jail in total if they failed to pay the fine.
The court also fined the accused’s company RM263,925 for possessing the 17,595 units of fake branded shoes.
However, lawyer Mohd Fitri Asmuni, who represented all three accused, requested for a stay over the punishment for his clients and the company as he said that his clients are going to appeal the case at the High Court.
“My clients won’t be able to pay the fine as it is beyond their capabilities. Yin Keat has been declared bankrupt and unemployed while Kian Seng has no fixed income.
“Therefore, we request the court to allow a stay of punishment in order for our client to appeal at the High Court,” said Mohd Fitri.
Domestic Trade, Cooperatives and Consumerism Ministry prosecuting officer Muhammad Ridzuan Abd Rahim objected for the stay of punishment.
After hearing the submission, Norashima allowed the request, provided the appeal is filed in the High Court today.
She also set bail at RM50,000 for each accused.
According to the charge, Yin Keat, who is the director, and his wife Sun and cousin brother Kian Seng, who were the directors of the company, were accused of possessing 2,290 units of Puma branded slippers, 2,844 units of Gucci branded shoes, 3,241 units of Nike branded shoe and 8,770 Nike branded slippers for the purpose of supplying the counterfeit items.
They were accused of committing the offences at an unnamed premise located at the Hala Perusahaan Kledang Utara 2, Kawasan Perindustrian Menglembu here at around 11.30am on December 18, 2019.
The charges were framed under Section 8 (2)(C) of the Trade Descriptions Act 2011 and read together with Section 34 of the Penal Code And be punished under Section 8 (2) (B) of the same Act, which carries fine not more than RM10,000 for each goods bearing the false trade description or jail up to three year or both.
Meanwhile the company Syarikat Enhengda Sdn Bhd was charged under Section 8 (2)(C) of the Trade Descriptions Act 2011 which can be punished under Section 8 (2)(A) of the same Act, which carries fine up to RM15,000 for each goods bearing the false trade description.