Shangping Y., Kailing C., Shancheng Y., and Hengjun W. sold their illegally hunted wild animals to Dayu Supermarket operated by Kailiang C. and Sujing X., and they made a profit of RMB 35,000, RMB 3,500, RMB 3,000, and RMB 4,000 respectively. On November 30, 2016, the Lianyungang Public Security Bureau seized a mandarin duck at the Kailiang C. domesticated farm. After identification, the animal involved in the case was Mandarin Duck, which was under second class state protection. From September 2016 to November 2016, Yu C. helped Kailiang C. and Sujing X. purchase a total of about 300 wild animals in Dayu Supermarket. From October to November 30, 2016, Xingguoming Z. purchased wild animals illegally hunted by others, and arranged Wenbai H. and Fugui Z. to be responsible for matters such as acquisition, transportation, sales and payment. Wenbai H. and Fugui Z. successively purchased a total of more than 3,000 wild animals from Kailiang C.'s domesticated farm, and shipped them back to Tongling City, Anhui Province for sale. Part of the proceeds were used to pay for Kailiang, and a total of RMB 261300 was paid. On November 30, 2016, the Lianyungang Public Security Bureau conducted a search of Dayu Supermarket and Hongfei Domesticated Farm and found a large number of wild animals (including dead bodies) on the spot. Kailiang C. confessed to having illegally purchased rare and endangered wild animals and done illegal business; Wenbai H., Sujing X, Yu C., Xingguo Z. and Fugui Z. confessed to having done illegal business.
The defendants Kailiang C., Wenbai H. and others charged felony counts of illegal business and illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products (first instance case)
Country
Territorial subdivision
Type of court
Seat of court
Lianyungang
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Su 07, No.200 final instance
Charges
Kailiang C., Wenbai H., Sujing X, Yu C., Xingguo Z. and Fugui Z. charged with illegally purchasing rare and endangered wild animals, illegally hunting wild animals and illegal business.
Species
Money value
More than 500,000 RMB
Transnational
No
Decision
The court found the defendant Kailiang C. guilty of illegal purchase of rare and endangered wild animals according to criminal law Art. 341Ⅰ, the defendants Kailiang C., Wenbai H., Sujing X, Yu C., Xingguo Z. and Fugui Z. guilty of illegal business according to criminal law Art. 225 I.
Appealed
No
Penalty
Shangping Y. was guilty of illegal hunting wild animals, sentenced to six months in prison, suspended for one year, and fined RMB 10,000. Kailing C. was guilty of illegal hunting wild animals and was fined RMB 5,000. Shancheng Y. was guilty of illegal hunting wild animals and was fined RMB 3,000. Hengjun W. was guilty of illegal hunting wild animals and was fined RMB 5,000. Kailiang C. was sentenced to two years in prison with a fine of RMB 270,000 according to criminal law Art. 341Ⅰ; he was sentenced to six months in prison and a fine of 1,000 yuan according to criminal law Art. 225Ⅰ. Executing imprisonment for two years and three months, and a fine of RMB 271,000. Sujing X. was guilty of illegal business, sentenced to one year in prison, suspended for two years, and fined RMB 20,000. Yu C. was guilty of illegal business and was fined RMB 10,000. Xingguo Z. was guilty of illegal business, sentenced to 1 year and 6 months in prison, suspended for two years, and fined RMB 270,000. Wenbai H. was guilty of illegal business, sentenced to 6 months in prison, suspended for one year, and fined RMB 20,000. Fugui Z. was guilty of illegal business, sentenced to 6 months in prison, suspended for one year, and fined RMB 10,000. For Shangping Y.’s illegal income of RMB 35,000, Kailing C.’s illegal income of RMB 3500, Shancheng Y.’s illegal income of RMB 3000, Hengjun W.’s illegal income of RMB 4,000, Kailiang C.’s illegal income of RMB 261,300, and Xingguo's illegal income of RMB 261,300, were all recovered and turned over to the treasury. The criminal tools of the defendants Shangping Y., Shancheng Y., Hengjun Y. and Kailiang C. were confiscated and turned over to the treasury.
Court cases cited
Based on the decision of first instance: (2017) Su 0706, No.820 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife