"National largest smuggled python skin case" second instance: company fined 56.4 million yuan

"National largest smuggled python skin case" upheld the second trial

Former General Manager sentenced to 13 years, company fined 56.4 million yuan

□ Our reporter Zhai Xiaogong

Recently, the Higher People's Court of Hainan Province made a final judgment on "the nation's largest smuggled python skin case" involving 555.5 million yuan, and the defendant Hainan Dongshenghong Python Industry Technology Co., Ltd. (hereinafter referred to as Dongshenghong Company) was fined. 56.4 million yuan, Dong Shenghong's former general manager Lin Modong was sentenced to 13 years in prison.

More than 6 million tax evasion in customs declaration

From January 2009 to January 2016, after purchasing python skins and python eggs from Vietnam, Malaysia and other places, Dongshenghong Company declared entry from the Guangxi Pingxiang Customs and Haikou Meilan Airport Customs by adopting a low price.

Under the organization of Mr. Lin and Mr. Jiang, who were the general managers of the company, Mr. Xing and Mr. Lin were mainly responsible for purchasing in Vietnam. Mr. Xie was responsible for making false contracts and going through customs formalities. Mr. Lin and Mr. Chen were responsible. The smuggled python skin was sold at the Suzhou office.

According to statistics, Dongshenghong Company has declared 31,820 python skins and 8,000 python eggs. Part of the payment shall be paid in accordance with the normal foreign exchange purchase method. For the payment exceeding the customs declaration price, the company ’s financial director Chen Mou and Yin Mou (separate case) (Processing) arrangements, in the name of "feed money" and "borrowing", after being withdrawn from the company account and transferred to a personal account, and then paid to overseas suppliers through an underground bank.

According to the calculation by Haikou Customs, the total amount of taxes payable by Dongshenghong Company from January 2009 to January 2016 totaled 6.376852852 million yuan, and 8 people including Lin Modong fled and paid taxes of more than 2 million yuan to 600 yuan. More than ten thousand yuan.

Smuggling amounted to 556 million

From April 2009 to April 2015, Dong Shenghong Company smuggled python and python products, crocodile skin, etc. from Vietnam and Thailand for profit without obtaining the import and export permits for python and its products.

In the meantime, the company smuggled 4,550 pythons, 61,790 python skins, 29,008 python eggs, 28,097 kilograms of python meat, 6,254 kilograms of python oil, and 152 crocodile skins, amounting to 556.1 million yuan. The smuggling amount of 9 persons, including Lin Modong, ranged from more than 20 million yuan to 556 million yuan.

In addition, from March 16th to July 3rd, 2015, Wu Mouyun met Su Mouhan who was working as a tour guide in Thailand through his younger brother. Su Mouhan helped Wu Mouyun illegally make 10 payments totaling 1.4 million yuan from Thailand to Thailand, knowing that Wu Mouyun had no relevant trade documents.

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On January 29, 2016, Haikou Customs Anti-smuggling Bureau captured Lin Modong, Jiang Momin, Wu Moyun, Xing Mochao, Lin Mojiang, Lin Mou, Chen Mou, and others. On February 19, Mr. Chen was investigated. On June 26, Su Mouhan took the initiative to surrender.

On November 17, 2018, the Haikou Intermediate People's Court sentenced Dongshenghong Company to the crime of smuggling precious animals and precious animal products, the smuggling of ordinary goods, and multiple penalties. It was decided to punish 56.4 million yuan; The crime of smuggling precious animals and precious animal products, the crime of smuggling common goods, and multiple penalties, decided to execute a 13-year prison sentence and confiscate 2 million yuan in property. Xing Fuchao, Jiang Jimin and 10 other persons were convicted of smuggling precious animals, precious animal products, and smuggling of common goods. They were each sentenced to imprisonment ranging from 12 years to 1 year and 6 months.

After the verdict was pronounced, 9 people including Dong Shenghong Company, the defendant Lin Modong and Xing Mochao appealed.

Recently, the final trial of Hainan High Court held that the first instance verdict found that the facts were clear and the evidence was accurate. The appeal was rejected and the original judgment was upheld. However, the defendant Su Mouhan's illegal business amount did not meet the conviction standards stipulated in the new judicial interpretation and should be acquitted.