The defendants Jianhua C. and Qingyuan F. charged felony counts of illegal business (appellate case)

Country
Territorial subdivision
Type of court
Seat of court
Ji’an
Court jurisdiction
Date of opinion
2019
Abstract

Jianhua C., Qingyuan F., Weiping F., Huayuan F. and Jianwei G. purchased wild animals for sale without applying for registration with the industry and commerce administrative department to obtain a business license, and without obtaining a wildlife management license from the forestry authority. In 2017, Qingyuan F., Weiping F., Huayuan F. and Jianwei G. sold illegally-operated wildlife to Jianhua C. for about 1 million yuan. In 2017, Huang 4, Huang 1 and Huang 2 sold to Jianhua C. the illegal wildlife sales amounting to about 800,000 yuan. On December 27, 2017, Qingyuan F. voluntarily surrendered; on January 3, 2018, Huayuan F. voluntarily surrendered; on January 20, 2018, Jianhua C was arrested; on January 24, 2018, Jianwei G. voluntarily surrendered. Jianhua C., Qingyuan F., Weiping F., Huayuan F. and Jianwei G. confessed to having done illegal business.

Language of document
Chinese
Reference number
(2019) Gan 08, No.372 final instance
Charges
Jianhua C., Qingyuan F., Weiping F., Huayuan F. and Jianwei G. charged with illegal business.
Money value
1,800,000 RMB
Transnational
No
Decision
The court found the defendants Jianhua C., Qingyuan F., Weiping F., Huayuan F. and Jianwei G. guilty of illegal business according to criminal law Art. 225 I.
Appealed
No
Penalty
Jianhua C. was sentenced to 3 years in prison, suspended for 4 years, and fined RMB 200,000. Qingyuan F. was sentenced to 3 years in prison, suspended for 3 years, and fined RMB 100,000. Weiping F. was sentenced to 2 years in prison, suspended for 2 years, and fined RMB 100,000. Huayuan F. was sentenced to 1 year and 6 months in prison, suspended for 1 year and 6 months, and fined RMB 100,000. Jianwei G. was sentenced to 1 year and 6 months in prison, suspended for 1 year and 6 months, and fined RMB 100,000.
Court cases cited
Based on the decision of first instance: (2019) Gan 0827, No.110 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife