IPOH: Three individuals, including a married couple, have been fined RM607,880 for the possession of 4,342 pairs of counterfeit shoes and sandals.
Judge Norashima Khalid meted out the punishment to Yap Kian Seng, 61, as well as Yap Yin Keat, 51, and his wife, Chinese national Sun Hai Xian, 42, at the Sessions Court, here Friday (July 28).
“After hearing the submission and evidence submitted from the prosecution and defence teams, the court found all three accused guilty of the offence,” she said.
Norashima ordered each accused to pay a fine of RM30 for every unit of the counterfeit shoes while the company was ordered to pay RM50 for each unit.
However, lawyer Mohd Fitri Asmuni and Mohd Asri Otsman who represented all three accused requested a stay over for the punishment as their clients are facing two other charges.
“Our clients’ business was terribly affected and due to the ongoing case, their company has been listed under CTOS (Credit Tip-Off Service).
“We hope the judge, who is also the one who will sentence our clients in a different case, would reconsider a minimal punishment,” he said.
Domestic Trade, Cooperatives and Consumerism Ministry prosecuting officer Muhammad Ridzuan Abd Rahim requested for a deterrent sentence, as a lesson to be served to others.
According to the charge sheet, Kian Seng and Sun, who were the directors of Enhengda Sdn Bhd, of which Yin Keat was the manager, were accused of possessing 2,210 units of branded sandals and 2,132 branded shoes and sandals.
They were accused of committing the offence at the company located in Menglembu here at around 11.10am on May 17, 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 punished under Section 8 (2) (B) of the same Act, which carries a 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.
Judge Norashima then allowed the request and set RM15,000 bail for each accused.
On October 2022, the three accused were fined RM175,950 for possessing 17,595 units of counterfeit branded slippers and shoes by Norashima at the same court.
