In November 2010, Xianjin G. purchased a black bear under second class state protection from Lu and Hu at a price of 4,400 yuan. Later, Xianjin G. sold the black bear to Li and Song. On January 22, 2013, Xianjin G. purchased a wild goat from Pan at a price of 800 yuan. The wild goat was found and seized from Xianjin G.'s house. After appraisal, the wild goat was a Chinese goral under second class state protection. On December 26, 2011, Xianjin G. sold 19 goral legs for a price of 28 yuan/jin to Li for a total of 4928 yuan; on January 13, 2012, Xianjin G. sold 3 gorals to Li at the price of 28 yuan/jin, and got 3276 yuan. In the first half of 2012, Xianjin G. purchased two golden pheasant skins from Yan at a price of 8 yuan each, and then the two skins were found from Xianjin G.'s place and seized. After identification, the golden pheasants were under second class state protection. Xianjin G. confessed to having illegally purchased or sold rare and endangered wild animals and their manufactured products.
The defendant Xianjin G. charged felony counts of illegally purchasing or selling rare and endangered wild animals and their manufactured products and illegal business (appellate case)
Country
Territorial subdivision
Type of court
Seat of court
Jingmen
Court jurisdiction
Date of opinion
2016
Abstract
Language of document
Chinese
Reference number
(2015) E Jingmenzhong, No.00157 final instance
Charges
Xianjin G. was charged with illegally purchasing or selling rare and endangered wild animals and their manufactured products and illegal business.
Species
Money value
Although not stated, the financial resources of it is around 10,000 RMB
Transnational
No
Decision
The court found the defendant Xianjin G. guilty of illegal purchase and sale of rare and endangered wild animals and their manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Xianjin G. was sentenced to imprisonment for 4 years with a fine of 50,000 yuan. The appellant court upheld this decision.
Court cases cited
Based on the decision of first instance: (2014) E Jingshan, No.00084 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife