The defendants Wang and Liao released two red coral sculptures sold on the domestic Taobao website to the Yahoo website in Japan for sale. The Japanese-speaking defendant Yu was responsible for the online store maintenance and transaction negotiations with Japanese customers. At the beginning of 2013, after Yu reached a deal with customers. Wang and Liao purchased the two from Taobao respectively. Then they delivered to Yu, who was responsible for mailing it to Japanese customers. On March 4, 2013, the customs officer of the Chengdu Customs Post Office supervised the entry and exit mail, and found that the mail sent by the defendant to Japan contained red coral products. On March 26, Yu, Wang and Liao were blocked at the workplace in Jinniu District, Chengdu. The appellant (defendant in the original trial) Yu and the defendants in the original trial Wang and Liao violated customs regulations, evaded customs supervision, and illegally mailed out the export of red coral products prohibited by the state from import and export, all of which constituted the crime of smuggling precious and rare species of wildlife products.
The defendant Ke Y. charged with felony counts of smuggling precious and rare species of wildlife products ( trial at second instance case, appellate case).
Country
Type of court
Seat of court
Chengdu
Court jurisdiction
Date of opinion
2015
Abstract
Language of document
Chinese
Reference number
(2015) Chuan No. 100 Criminal Final instance
Charges
Ke Yu (Yu), Jianwen Wang (Wang). and Duoqiang Liao (Liao) . were charged with smuggling precious and rare species of wildlife products.
Species
Money value
RMB 177,200
Transnational
Yes
Decision
The court found Ke Yu., Jianwen Wang. and Duoqiang Liao guilty of smuggling precious and rare species of wildlife products according to criminal law Art. 151 2.
Appealed
No
Penalty
Ke Yu., Jianwen Wang. and Duoqiang Liao. 1.Maintain the second, third, and fourth criminal sentence of Chengdu Intermediate People's Court of Sichuan Province (2014) Cheng No. 247 Criminal First instance. Namely, Defendant Jianwen W. was sentenced to a fixed-term imprisonment of two(2) years with a suspension of two(2) years in addition to a fine of CNY30,000 for smuggling precious and rare species of wildlife products; Defendant Duoqiang L. was sentenced to a fixed-term imprisonment of one(1) year with a suspension of one(1) year in addition to a fine of CNY20,000 for smuggling precious and rare species of wildlife products;The seized illegal gains of defendants, notebook computers and computer mainframes were confiscated; 2. Revoke the first item of Chengdu Intermediate People's Court of Sichuan Province (2014) Cheng No. 247 Criminal First instance. Namely, Defendant Ke Y. was be sentenced to a fixed-term imprisonment of three(3) years in addition to a fine of CNY50,000 for smuggling precious and rare species of wildlife products; 3. The appellant (defendant in the original trial)Ke Y. was sentenced to a fixed-term imprisonment of three(3) years with a suspension of four(4) years in addition to a fine of CNY50,000 for smuggling precious and rare species of wildlife products.
Legislation cited
Criminal Law
Criminal Law of the People's Republic of China