In July 2014, Jinsong H. in partnership with Huang Mou 2, Xie Mou 1, "A Mou" (all handled separately), purchased a batch of rhino horns in South Africa, which were sold by Xie Mou 1 after smuggling into China. In early November 2014, Jinsong H. went to Guangzhou to take Xie Mou 1's 6 unsold rhino horns back to his temporary residence in Xiamen, Fujian Province for safekeeping, and waited for an opportunity to sell them. In August 2014, Jinsong H. handed two ivory pieces to the Qinghua H. for carving, and paid 30,000 yuan, and then entrusted Huangli H. for more processing. In mid-October 2014, after Youping L. and Jinsong H. partnered to purchase six rhino horns in South Africa, they contacted Bo Y. to smuggle them. At the beginning of November 2014, Jinsong H. had negotiated with Jin X. and agreed to sell a rhino horn to her at a price of 200,000 yuan. Bo Y., Youping L., Jinsong H. confessed to having smuggled endangered wildlife products; Huangli H., Qinghua H., Jin X. confessed to having purchased threatened and endangered wildlife products.
Country
Type of court
Seat of court
Fujian
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2017) Min, No.212 final instance
Charges
Bo Y., Youping L., Jinsong H. were charged with smuggling threatened and endangered wildlife products; Huangli H., Qinghua H., Jin X. were charged with illegal purchasing threatened and endangered wildlife products.
Species
Money value
21,857,400 RMB
Transnational
Yes
Decision
The court found the defendants Bo Y., Youping L., Jinsong H. guilty of smuggling of endangered wildlife products according to criminal law Art. 151Ⅱ, and Huangli H., Qinghua H., Jin X. guilty of illegal purchase of threatened and endangered wildlife products according to criminal law Art. 341 I.
Appealed
No
Penalty
Jinsong H. was sentenced to 15 years in prison and confiscated RMB 500,000 of personal property. Youping L. was sentenced to 14 years in prison and confiscated RMB 500,000 of personal property. Bo Y. was sentenced to 10 years in prison and confiscated RMB 200,000 of personal property. Huangli H., Qinghua H., Jin X. were all sentenced to 5 years in prison, and a fine of RMB 50,000. All crime involved items were confiscated.
Court cases cited
Based on the decision of first instance: (2016) Min 01, No.132 first instance.