The defendants Yuehong L. and Sibing S. charged felony counts of forging, altering, trading in official document, certificate or seal of a state authority (first instance case)

Country
Territorial subdivision
Type of court
Seat of court
Yueyang
Court jurisdiction
Date of opinion
2020
Abstract

In July 2018, Yuehong L. contacted Sibing S., who was engaged in color printing, and met. Yuehong L. took out a timber transportation certificate and a phytosanitary certificate, and asked Sibing S. to print 30 copies of each certificate. The two agreed to print price for transportation certificate 60 yuan each, phytosanitary certificate 80 yuan each, and a total printing cost of 4,200 yuan. Sibing S. produced the certificates as required by computer typesetting and handed them to Yuehong L. Subsequently, Yuehong L. aked someone under the Baling Bridge sculpt two fake official seals, namely "Special Seal for the Wood Transport Office Certificate of the Forestry Bureau of xx County, xx City", and "Special Phytosanitary Seal for Forest Plant Wildlife Protection and Management Station of the Forestry Bureau of xx County". Yuehong L. used the software stored on the computer at his home to print the transportation certificates and phytosanitary certificates. After stamping the official seal, the forged certificate were sold to more than 20 people for profit. A total of 493 certificates were sold, and the sales profit was about 145,000 yuan. From December 2018 to February 2019, Changlong L. asked Yuehong L. three times to buy certificates. Among them, the first and second times he purchased 40 pieces at the price of 30 yuan each, and the third time he purchased 50 pieces at at a price of 40 yuan each. Later, Changlong L. sold the purchased certificates to Guoxian L. by mail at a price of 80 yuan each. For the benefit of his work station, Guoxian L. handed over the 130 certificates purchased to the timber inspection station, and then the staff of the station resold them to others at a price of 130 yuan each to make a profit for the station. Yuehong L., Sibing S., Changlong L. and Guoxian L. confessed to having forged, traded in official certificates and seals of a state authority.

Language of document
Chinese
Reference number
(2020) Wan 0621, No.13 first instance
Charges
Yuehong L., Sibing S., Changlong L. and Guoxian L. charged with forging, trading in official certificate, seal of a state authority.
Transnational
No
Decision
The court found the defendant Xu guilty of forging, trading in official certificate and seal of a state authority according to criminal law Art. 280 I.
Appealed
No
Penalty
Yuehong L. was sentenced to one year and three months in prison with a fine of RMB 20,000. Sibing S. was sentenced to eight months in prison, suspended for one year, and a fine of RMB 10,000. Changlong L. was sentenced to six months' detention, suspended for 10 months, and a fine of RMB 10,000. Guoxian L. was sentenced to one year of control, and fined RMB 10,000. The seized Sibing S.’s illegal income of RMB 4,000 and Changlong L.’s illegal income of RMB 10,400 were confiscated and turned over to the State Treasury; Guoxian L.’s illegal income of RMB 16,900 was confiscated and turned over to the State Treasury. Recovering Yuehong L.'s illegal income of RMB 145,000 and handing it over to the State Treasury.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife