法律相关的英文信息2

2014-03-16

刑事判决书翻译样本，来自大连三恩翻译网：

http://www.dalianzhengguifanyigongsi.com/ByHcs/news/2012-7-18/298.html

Criminal Verdict Issued By
The Intermediate People’s Court of Dalian,Liaoning Province (2008)DXECHZ No.2 Public prosecution organ, Dalian Municipal People’s Procuratorate.

XXX, the accused, male, born in April 10, 1965, Han nationality, university graduate, the legal representative of Dalian XXX Fishery Co., Ltd., the actual operator of Dalian XXX Trading Co., Ltd. and the actual operator of Dalian XXX Aquatic Products Co., Ltd., living at XXX, Shahekou District, Dalian (domicile place: XXX, Pulandian City, Liaoning Province), because of this criminal case, was criminally detained on July 10, 2002, was arrested on August 16 in the same year, was bailed pending trial with restricted liberty of moving on April 30, 2003, lived at home under surveillance on April 30, 2004, was relieved of residential surveillance; also because of this case, was arrested on February 2, 2007, and was imprisoned at Dalian Detention Center.

XXX and XXX, the defenders, the lawyers of Liaoning XXX Attorney Affair Office.

On January 3, 2008, Dalian Municipal People’s Procuratorate filed a public prosecution at this court by accusing XXX, the accused, of being guilty of fraud and illegal business in Bill of Indictment DJXS (2007) No.234. After reviewing and accepting this case, this court legally formed a collegial panel to conduct the trial. XXX, the procurator of Dalian Municipal People’s Procuratorate, supported public prosecution in court, and XXX, the accused, and Fan Sun, the defender, participated in litigation in court. This case has been tried and terminated.

Dalian Municipal People’s Procuratorate accused that: During October 2000 to May 2001, XXX, the accused, openly recruited over 2 hundred laborers from Jinzhou District,

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Lvshunkou District, Pulandian City, etc. under Dalian Municipality by giving the excuse of outputting building workers to Las Palmas, Spain, in the name of Dalian Guanglong XXX Consulting Co., Ltd., and concluded over 2 hundred contracts for international labor service and collected more than RMB10.60 million (RMB10 thousand to 60 thousand for each) as service fee in the name of this company. Afterwards, XXX, the accused, didn’t handle the formalities related to international labor, and this company didn’t construct any project in Las Palmas, Spain, but used such service fee for purchasing boats and fishing spare parts, paying wages to staffs, etc.

During November 2003 to December 2006, XXX, the accused, openly recruited over 430 labourers, giving the excuse of outputting Aquatic Products product processing workers to Liberia, and illegally collected more than RMB20.00 million (RMB20 thousand to 5.5 thousand for each) as service fee, in the name of Dalian XXX Trading Co., Ltd. and Dalian XXX Aquatic Products Co., Ltd., without qualification for foreign labor Cooperative Venture. Afterwards, XXX, the accused, failed to fulfill the contracts for international labor service, which made over three hundred labourers output to Liberia lose fixed job and income and be returned back toChina.

Public prosecution organ deemed that, XXX, the accused, disregarded national law, violently performed fraud criminal activities aiming at illegal possession in the process of concluding and fulfilling the contracts. The fraud amount, up to RMB10.00 million, is particularly huge, the circumstances are particularly serious, which seriously violated others’ property ownership and disturbed economic contract management order, and the acts had violated Article 224 of the Criminal Law of the People’s Republic of China, so XXX, the accused, shall be claimed against for criminal liability by crime of contract fraud. XXX, the accused, disregarded national law and performed foreign labor service, without qualification for foreign labor Cooperative Venture, which disturbed market order, the circumstances are particularly serious, and the acts violatd Article 225 of the Criminal Law of the People’s Republic of China, so XXX, the accused, shall be claimed against for criminal liability by crime of illegal business. Therefore, through joinder of punishment for plural crimes, XXX, the accused, shall be punished in accordance with Article 69 of the Criminal Law of the People’s Republic of China. A public prosecution is filed for adjudgment in accordance with

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No.141 of the Criminal Procedure Law of People’s Republic of China. XXX, the accused, tried to refute the criminal fact accused by public prosecution organ in court as follows: 1. All the acts are the companies’ acts, instead of my own acts. 2. For the fact that Dalian XXX XXX Consulting Co., Ltd. performed the service of outputting building workers to Las Palmas, Spain, I negotiated about this event with Joint Investigation Team of Dalian Municipal Government in 2002; soon, I agreed on the solution for this event provided by Dalian Municipal Government, and transferred all the assets of Dalian XXX XXX Consulting Co., Ltd. to Dalian International Cooperation Co., Ltd.. Public prosecution organ shouldn’t file a lawsuit again on the event handled. 3. All the services for Chinese laborers in Liberia are always performed like me, there is no international labor service in Africa, and China’s Embassy in Liberia wasn’t established when I arrived at Liberia, so my acts are not illegal, much less crime.

The defenders deemed that, XXX, the accused, doesn’t form crime of contract fraud and crime of illegal business.

Through review, it was ascertain as follows: i. During October 2000 to May 2001, XXX, the accused, openly recruited over 2 hundred laborers from Jinzhou District, Lvshunkou District, Pulandian City, etc. under Dalian Municipality by giving the excuse of outputting building workers to Las Palmas, Spain, in the name of Dalian Guanglong XXX Consulting Co., Ltd. owned by XXX, his ex-wife (divorced on April 10, 2007), and concluded over 2 hundred contracts for international labor service and collected more than RMB10.60 million (RMB10 thousand to 60 thousand for each) as service fee in the name of this company. Afterwards, XXX, the accused, didn’t handle the formalities related to international labor, and this company didn’t construct any project in Las Palmas, Spain, but used such service fee for purchasing boats and fishing spare parts, paying wages to staffs, etc. for Dalian Guanglong XXX Consulting Co., Ltd. and Dalian XXX Fishery Co., Ltd. This made the laborers’ service fee not be refunded. By mediation of related department of Dalian Municipal Government, XXX, the accused, agreed to use the assets of his company for refunding the collected labor service fee and repaying wage to the labourers.

The above-mentioned fact can be proved by the evidence confirmed by this court through the

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following court trial proof and examination: 1. The statement of XXX, the accused: In November 1999, I got acquainted with XXX, a Chinese working in Spain at that time; I prepared to do overseas fishing business, so I let XXX act as my agent. On March 8, 2000, a batch of fishing boats of mine went abroad for fishing work. In August of the same year, I met XXX in Spain, and told him that I wanted to perform building development in Spain; XXX agreed with me. We found a Spanish building developer named Atlantico Exploinversions, L, and I concluded building service contract with Atlantico Exploinversions, L, and the spanish part of the contract was signed by Atlantico Exploinversions, L. After bringing the contract toChina, I signed the part of my company, and then telex it back. In October 2000, I started to recruit laborers. XXX, my wife, is the legal representative of Dalian Guanglong XXX Consulting Co., Ltd., which was registered in April 1999, with the business scope of international labor agency service and XXX consulting service. My company is Dalian Gaunglong Fishery Co., Ltd., which was registered in June 1999. I’m the legal representative. My wife’s company and my company performed official business in the same office, and have business association. Whenever my company’s boats went abroad for fishing, my wife’s company handled all the formalities related to recruitment of XXX. It can be said that, for the sake of business supplement, both companies’ leadership and decision-making for business activities were associated; generally, I had right to decide, and my wife agreed with me. I collected RMB11.00 million by outputting building laborers to Las Palmas, Spain, and I collected more than RMB19.00 million by recruiting laborers to go abroad for fishing. I just used this money for purchasing boats. I posted advertisement at relevant departments in Jinzhou, Lvshun, Pulandian, etc., for the purpose of letting those who want to work abroad sign up, thus, my business was started. I can’t remember the details of the advertisement, probably concerning recruitment of labourers working in Spain, giving priority to building labourers; the validity was March to June in 2001. About 2 hundred persons signed up. I collected RMB10 thousand to 60 thousand for each, including RMB10 thousand deposit, RMB50 thousand traveling expenses, various handling charges, etc., which shouldn’t be refunded. I concluded contracts with every person, but failed to fulfil the contracts. During this course, economic dispute arose between XXX and I, so XXX refused to handle the affairs related to purchase of land inSpain. At that time, due to fund shortage, I used

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a part of the collected labor service fee (RMB7 million) for purchasing two boats, used RMB2 million for building a hotel in Lvshun, and used other part for paying wage to workers (the fishing laborers working abroad). Later on, the fishing laborers of my boat team created disturbance in Spain, which was heard of by Chinese government, so I handed over this event to the government.

  1. XXX (XXX’s ex-wife), the legal representative of Dalian XXX XXX Consulting Co., Ltd., the deponent, proved that, Dalian XXX XXX Consulting Co., Ltd. was established in 1999, and the shareholders included XXX and me. I was only titular legal representative of this company, and the main business was recruiting XXX for Dalian Gonglong Fishery Co., Ltd. and outputting labourers to Spain. The affairs related to Spanish labor service were not handled by me, but were handled by XXX and Zhong Yong Xu who was in Spain. Since March to April, 2001, I’ve recruited more than 200 labourers and collected about RMB11.00 million. I used this money for investment, including RMB7 to 8 million used for puchasing Longsheng Boat, and USD200 thousand remitted to XXX in accordance with XXX’s instruction. I failed to fulfill the contracts for outputting labourers to Spain, for our boat team took XXX to court in Sierra Leone. For this reason, XXX would never contact Spanish affairs on behalf of us again.

  2. XXX, the the deponent of Dalian Textile Products Import & Export Co., Ltd., the deponent, proved that, at the beginning of 2000, I started to work in Dalian Textile Products Import & Export Co., Ltd., when the company just obtained the qualification for foreign labor service. At that time, XXX, the manager of Dalian XXX Fishery Co., Ltd., said that he prepared to develop real estate project in Spain, so he required us to act as foreign labor service agent, for he had no the qualification for foreign labor service, but our company had such qualification. Therefore, both parties concluded a agency contract. However, subsequently, he failed to continue to handle formalities, till the first half year of 2001, when I left Dalian Textile Products Import & Export Co., Ltd.. My company have never collected any handling charges, for things didn’t get into such a state.

  3. XXX, the accountant of Dalian XXX Fishery Co., Ltd., the deponent, proved that, I started to work in Dalian XXX Fishery Co., Ltd. in September 1999. Also, I managed the

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accounts of Dalian XXX XXX Consulting Co., Ltd.. Dalian XXX XXX Consulting Co., Ltd.. collected abuot RMB10.00 million while recruiting labourers working in Spain. This money didn’t enter into the account book except for a part. I can’t remember the detailed amount. The money that didn’t eneter into the account was deposited into XXX couple’s deposit book.

  1. XXX (Spain XXX Co., Ltd.), the deponent, by writing a letter (by fax) to Director Zhong of Dalian Foreign Economy & Trade Commission in September 30, 2001, proved that, I got acquainted with XXX of Dalian XXX XXX Consulting Co., Ltd. in at the end of 1999, and both parties terminated agency relations on February 5, 2001. The real estate project developed by Dalian XXX XXX Consulting Co., Ltd. in Spain haven’t existed. It is estimated that this company was forced to break the law and used this trick due to great difficulty arising from the internal financial status. However, Dalian Municipal Government should show consideration for the economic status of this company. The development way of fishery by labor fund-raising is to be discussed.

  2. XXX, the victim, proved that, in March 2001, I saw the advertisement on recruitment of labourers working in Spain from a newspaper of Dalian; in April 4, 2001, I carried RMB60 thousand to conclude the foreign labor service contract with XXX of Dalian XXX XXX Consulting Co., Ltd.; the RMB60 thousand included RMB50 thousand handling charges and RMB10 thousand deposit. He promised us to go abroad on October 1, but in December, I couldn’t find XXX or any staff in this company.

  3. XXX, the victim, proved that, I saw the advertisement of Dalian XXX XXX Consulting Co., Ltd on recruitment of labourers working in Spain from Lvshun TV Station; on April 4, 2001, I concluded a contract and asked for a notarization; I paid RMB60 thousand in two installments, including RMB50 thousand management fee and RMB10 thousand deposit. The contract stipulated that I could go abroad on October 1. I can’t know clearly the reason for failure to go abroad. I have asked XXX for the reason for several times. XXX told me that he was handling formalities. However, after October, I couldn’t find XXX.

  4. XXX, the victime, proved that, in December 2000, I saw the advertisement of Dalian XXX XXX Consulting Co., Ltd on recruitment of labourers working in

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Spain from Pulandian TV Station. On January 29, 2001, I paid money and concluded a contract in Dalian XXX XXX Consulting Co., Ltd.; I paid RMB60 thousand in two installments, including RMB50 thousand management fee and RMB10 thousand deposit. However, after the middle ten-day period of October, I couldn’t find XXX.

  1. XXX, the victim, proved that, on April 9, 2000, I carried RMB60 thousand to Dalian XXX XXX Consulting Co., Ltd. to conclude the Spain building labor service contract; the contract stipulated that I could go abroad on May 1; but afterwards, Dalian XXX XXX Consulting Co., Ltd. told me that the contract would have to postpone to July 1 because of failure to finish the formalities, and again, it was heard that the contract would have to postpone to October 1; in this way, the contract continuously postponed.

  2. The letter jointly written by 51 persons including Feng Jiang, Maosheng Jiang and so on stated the course of fraud.

  3. The investigation report on the event of Dalian XXX XXX Consulting Co., Ltd. issued by joint investigation team on January 19, 2002.

  4. The invitation to comment sent to the Economic & Commercial Counsellor’s Office of Embassy in Spain by Dalian Foreign Economy & Trade Commission.

  5. The reply sent by the Economic & Commercial Counsellor’s Office of Embassy in Spainon January 18, 2001.

  6. The contract between Dalian Textile Products Import & Export Co., Ltd. (Party A) and Dalian XXX XXX Consulting Co., Ltd. (Party B) on March 5, 2000.

  7. The foreign labor service contract between Atlantico Exploinversions, L (Party A) and Dalian XXX XXX Consulting Co., Ltd. (Party B) on February 29, 2001.

  8. The intention for purchase of land between XXX and the other party in Spain on March 2, 2001.

  9. The business license of Dalian XXX XXX Consulting Co., Ltd. and qualification recognition certificate issued by international labor cooperation consulting agency service institution, with the business scope of XXX service and international labor cooperation consulting agency service.

  10. The business license of Dalian XXX Fishery Co., Ltd., with the nature of business of limited liability and the legal representative of XXX.

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  1. The business license of Dalian Textile Products Import & Export Co., Ltd..

  2. Detained articles list, and the 167 Spain labor service contracts detained by DalianPublic Security Bureau from XXX.

  3. The detained return receipts of detained Boats No.1, No.2, No.5, No.6, No.7 and No.8 of Dalian XXX Fishery Co., Ltd.

  4. The statistics for Spain labourers’ failure to exit of Dalian XXX Fishery Co., Ltd.

  5. The inquiry schedule for service fee income, inquiry schedule for assets status and schedule for service fee collected from labourers of Dalian XXX Fishery Co., Ltd., the certificate for the income and expenditure of the collected RMB10.60 million service fee.

  6. The advertisement on recruitment from Dalian XXX XXX Consulting Co., Ltd. and Dalian XXX Fishery Co., Ltd. in Dalian Daily in October 2000.

  7. The registration certificate for the boats of Dalian XXX Fishery Co., Ltd.

  8. The copy of XXX’s ID card.

  9. The information on foreign labor service.

  10. The summary report on XXX event handling work of Dalian International Cooperation Co., Ltd. proved that, 2 of the original 10 boats of Dalian XXX Fishery Co., Ltd. were auctioned after being detained by foreign court; Boat Longsheng was adjudged to HAKSAN; 2 of the only 7 boats, which were all Dalian XXX Fishery Co., Ltd. had, were mortgaged for 4 million loan, and the other 5 boats were auctioned for USD110 thousand; but the 1,700 square meters of building was unlikely to compensate for project payment. Dalian International Cooperation Co., Ltd. paid over RMB34.32 million including refund of Spain labor service fee for Dalian XXX Fishery Co., Ltd., in order to resolve the crisis of Dalian XXX Fishery Co., Ltd..

ii. During November 2003 to December 2006, XXX, the accused, openly recruited 431 labourers, giving the excuse of outputting Aquatic Products product processing workers to Liberia, and illegally collected RMB20.10 million (RMB20 thousand to 5.5 thousand for each) as service fee, in the name of Dalian XXX Trading Co., Ltd. and Dalian XXX Aquatic Products Co., Ltd., without qualification for foreign labor Cooperative Venture. Afterwards, XXX, the accused, failed to the contracts for international labor service, which made over three hundred labourers output to Liberia lose fixed job and income and be returned back

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to China.

The above-mentioned fact can be proved by the evidence confirmed by this court through the following court trial proof and examination:

  1. XXX, the accused, stated that, I registered Dalian XXX Trading Co., Ltd. at Dalian Administration of Industry and Commerce, with the legal representative of XXX, the registered capital of RMB1 million and the main business scope of import and export, in September in the same year after being bailed pending trial with restricted liberty of moving in 2003; XXX was a friend of mine; we were partners; she invested 50% of shares, and I invested 50% of shares; at that time, I lent money to her, so I let her act as legal representative while handling license, but actually, I was always in charge of the management of this company. In February and March 2004, I changed the legal representative of Dalian XXX Trading Co., Ltd. to XXX, my mother’s name; my mother didn’t participate in management, so I managed the company. The purpose of establishing this company is to construct refrigeratory and fishery project inLiberia. I selected the address of refrigeratory at Monrovia of Liberia. I leased the land of local residents, with the period of 30 years. After completion of lease of the land, I prepared to construct refrigeratory. In February 2004, I established another company, named Dalian XXX Aquatic Products Co., Ltd., with the legal representative of XXX, my mother, and the main business scope of fishery. Both Dalian XXX Aquatic Products Co., Ltd. and Dalian XXX Trading Co., Ltd. were registered in Liberia. In June 2004, XXX Trading Co., Ltd. were registered, with the legal representative of XXX, because I couldn’t arrive in Liberia at that time, however, I was actually charge of the company. This company was overseas registered as an independent company, with the main business scope of construction of refrigeratory and fishery. In November 2004, I registered another company, named XXX Aquatic Products Co., Ltd. in Liberia, with the legal representative of XXX, but only I was in full charge of the business of the company. These two companies were overseas independent companies, even if their names were the same as the companies registered in Dalian, so they had no relationship with domestic companies. After expiration of bail pending trial with restricted liberty of moving and residential surveillance, I went to Liberia to change the legal representatives of the two overseas companies, probably in February and March 2005. In August 2004, I entrusted two domestic companies including XXX and

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XXX to recruit technicians in China. I recruited more than 300 persons in all in China, and collected labor service fee up to RMB16.00 million (RMB55 thousand for each). I entrusted Liaoning International Cooperation Co., Ltd. to handle passports for more than 300 persons, and entrusted XXX Aquatic Products Co., Ltd. to handle visas. In the beginning, only business visas were handled, with the validity of one month or three months. After arriving inLiberia, I changed the business vises to work visas probably including a part of initial tourist visas.

  1. XXX, the deponent, proved that, I’ve worked in Dalian XXX Trading Co., Ltd. with the consent of XXX since October 8, 2004. Dalian XXX Aquatic Products Co., Ltd. and Dalian XXX Trading Co., Ltd. performed official business in the same office, and employed the same staffs, however, the legal representative of Dalian XXX Trading Co., Ltd. was XXX, and the legal representative of Dalian XXX Aquatic Products Co., Ltd. was XXX, XXX’s mother. I was mainly in charge of recruiting labourers in the company. Before entering this company, I recruited 40 to 50 persons to construct refrigeratory in Liberia in the name of Dalian XXX Trading Co., Ltd.; after entering this company, I recruited 250 persons in all. In the middle ten-day period of October 2004, the company posted advertisement on recruitment of labourers for aquatic products processing in West Africa in the newspaper. According to the result calculated by XXX and us, 250 to 260 persons were needed. As to service fee, the persons recruited by XXX Agency paid RMB53 thousand for each, and others paid RMB55 thousand for each.

  2. XXX, the deponent, proved that, in August 2003, XXX, a friend of mine, said to me that commodity trading could bring great profit in Africa. At that time, XXX lived at home under surveillance, therefore, XXX found a person named Futang Zhou to act as contributor on behalf of him to contribute RMB1 million together with me, respectively accounting for 50%, thus, Dalian XXX Trading Co., Ltd. was established. During September 1, 2003 to September 30, 2004, when I acted as the manager of Dalian XXX Trading Co., Ltd., I had exported daily merchandises to Guinea. Dalian XXX Trading Co., Ltd. Guinea Branch was registered under the approval of the registration organ of Republic of Guinea; I acted as the legal representative, and XXX, the manager of overseas company, handled specific formalities.

  3. XXX, the deponent, proved that, XXX was my son. Two or three years

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ago, XXX asked me for household register and ID card to let me act as the president of newly established company. I asked him why he let me act as the president, after all, I was

illiterate, ignorant and ill-informed as a bucolic old woman. He explaind to me that he only let me be a titular president, for any other titular person would required him of wage. He had right to decide in this company, and I’ve never been in chage of any business, so I knew nothing about this company, and he has never told me anything.

  1. XXX, the deponent, proved that, I acted as the purchasing agent of Dalian XXX Aquatic Products Co., Ltd.. XXX was my uncle, and my grandmother was the legal representative of this company, but she has never handled any business. Only my uncle and XXX managed this company. After my uncle and XXX left this company, only XXX was in full charge of this company.

  2. XXX, the deponent, proved that, I know nothing about the operation status of Dalian XXX Aquatic Products Co., Ltd.. XXX had right to decide in this company. I don’t know who invested the refrigeratory constructed in Liberia, because XXX also participated in management, and I heard XXX say that XXX also contributed to this company.

  3. XXX, the deponent, proved that, I’ve worked as accountant in Dalian XXX Trading Co., Ltd. since the end of 2004. At that time, the legal representative in the business license of Dalian XXX Trading Co., Ltd. had been changed to XXX, but the legal representative in tax registration certificate was still XXX. After I entered this company, XXX acted as the legal representative of Dalian XXX Aquatic Products Co., Ltd. and Dalian XXX Trading Co., Ltd., and I acted as the accountant of these two companies, till November 2006. I’ve never concluded contract with them, and XXX, the legal representative of Dalian XXX Aquatic Products Co., Ltd. and Dalian XXX Trading Co., Ltd. has never come to the companies, for XXX actually had right to decide in the companies.

  4. XXX, the deponent, proved that, I was introduced to act as the cashier of Dalian XXX Aquatic Products Co., Ltd. which mainly collected international labor service fee from recruited labourers.

  5. XXX, the deponent, proved that, in March 2005, I was introduced to conclude a contractfor Liberia labor service with XXX in Dalian XXX Aquatic Products Co., Ltd.. I paid

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RMB55 thousand as international labor service fee. According to the contract, I would be in charge of processing fish, and I would leave China as of July 20, 2005 and would come back on July 1, 2006. After I arrived there, I had successively acted as cook, tallyman and cashier. Afterwards, I came back to China because of illness, and the company refunded wage and deposit to me.

  1. XXX, the deponent, proved that, I saw the information on recruitment of trading personnel in West Africa posted by Dalian XXX Trading Co., Ltd. via internet at the beginning of 2004. We concluded a contract. On May 30, 2004, I started to go to West Africa, and I’ve successively been to Guinea, Ghana and finally to Liberia. At that time, the refrigeratory had been established and formally put into production. XXX had right to decide in the company, and I was in charge of sale and foreign affairs.

  2. XXX, the deponent, personally wrote a material to prove that, at the end of 2003, I learned of recruitment from several channels such as advertisement in newspaper, etc. Accordingly, I came to Dalian XXX Trading Co., Ltd. to accept the offer of employment. After being trained, the first batch of applicants including XXX and so on concluded contracts and paid deposit (RMB50 thousand in all) to XXX. On January 6, 2006, XXX established Dalian XXX Trading Co., Ltd. Liberia Branch, which was registered in the name of XXX. In November 2004, Dalian XXX Aquatic Products Co., Ltd. Liberia Branch was registered also in the name of XXX. Afterwards, the legal representative of Dalian XXX Aquatic Products Co., Ltd. Liberia Branch was changed to XXX, and the deposit paid by 4 persons including 4 persons were refunded.

  3. Lianyang Wang, the deponent, personally wrote a material to prove that, I’ve worked inDalian XXX Trading Co., Ltd. as aquatic products researcher since November 20, 2003. When I concluded the contract, the legal representative was XXX.

  4. XXX, the victim, stated that, I’m the legal representative of Dalian XXX Business Management Co., Ltd.. On May 8, 2006, I heard XXX of Dalian XXX Advertisement Co., Ltd. say that Dalian XXX Aquatic Products Co., Ltd. was recruiting Liberia onshore labourers. Accordingly, I called XXX, XXX and XXX together to the office of Dalian XXX Aquatic Products Co., Ltd. at floor 3 of Haichang New City. At that time, we met XXX, the manager in charge of recruitment. He told us that

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Dalian XXX Aquatic Products Co., Ltd. Liberia Branch was badly in need of staffs because of intending to expand production. He also introduced the prospect and development plan of the company. He told us that if we paid in full RMB55 thousand as clerical fees, he could get it done in current month. Furthermore, he brought more than 40 books of passports to let us have a look, and said that we could go abroad together with these persons. On May 22, 2006, XXX and I came to Dalian XXX Aquatic Products Co., Ltd. to conclude international labor service contract with XXX of Dalian XXX Aquatic Products Co., Ltd. under the entrustment of XXX and XXX, and paid RMB55 thousand for each to Dalian XXX Aquatic Products Co., Ltd. on behalf of them. XXX personally concluded the contract with XXX and paid RMB45 thousand as service fee. XXX promised to let us leave China before June 30, 2006; otherwise, he would refund all the money paid by us on July 1. However, after expiration of deadline, XXX postponed again and again. I asked him for money, but he told me that I undoubtedly could leave China, even if it was difficult to handle Liberia visa. My colleagues and I had no choice but to give RMB9 thousand to XXX. XXX further promised to get it done before August 10, 2006. However, he failed to get it done after August 8. And I couldn’t find XXX, when Dalian XXX Aquatic Products Co., Ltd. closed down, and XXX was unavailable.

  1. The contracts and invoices provided by XXX, XXX, etc.

  2. XXX, the victim, personally wrote a material to prove that, in November 2005, I concluded a contract for work in Liberia Branch with Dalian XXX Aquatic Products Co., Ltd., and paid RMB55 thousand as service fee, but up to now, this plan still can’t be brought into effect. The company had always postponed. Although the company had promised to refund for several times, and had wrote letter of commitment, but didn’t live up to its promise to this day. The contracts, invoices and the letter of commitment on refund written by Dalian XXX Aquatic Products Co., Ltd..

  3. XXX, the victim, stated that, on July 2, 2005, I concluded a labor service contract with XXX, the manager, in Dalian XXX Aquatic Products Co., Ltd., with the validity of 2 years and the yearly salary of USD9.6 thousand. According to the contract, I would go to Dalian XXX Aquatic Products Co., Ltd. Liberia Branch to be in charge of aquatic products processing. At that time, I paid RMB55 thousand as service fee. On January 23, 2006, I left

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China with three-month tourist visa, and I only obtained one-month wage during I stayed one year in Liberia, so the company owed USD4.121 thousand and RMB20 thousand to me. The contracts, special receipts, and the copies of XXX’s visa, passport and ID card. The statement contents of another 90 persons are basically the same as XXX’s statement, except that some victims didn’t leave China, and some payment amounts are not the same. Meanwhile, the above-mentioned persons provided contracts and invoices.

  1. Dalian Foreign Economy & Trade Cooperation Bureau proved that, any overseas registered companies of domestic enterprises which intend to recruit foreign management staffs shall send out the management staffs by handling public or private passport visa. Ordinary overseas companies can’t recruit large quantities of management staffs, much less ordinary workers, in order to avoid the increase in business cost. In the event that an overseas company or domestic company with the qualification for foreign project contracting needs to send out engineering technicians and workers, only the company with the qualification for foreign labor service can handle foreign labor service examination formalities at local business department, and then handle foreign formalities such as passport, visa, etc., in order to send out the labourers to overseas country. Without consent, any overseas company shall not recruit labourers in China. Dalian XXX Aquatic Products Co., Ltd. and Dalian XXX Trading Co., Ltd. have never handled any formalities related to overseas investment enterprises at the Foreign Economy & Trade Department of Dalian Foreign Economy & Trade Bureau. Dalian XXX Aquatic Products Co., Ltd. had no right to foreign labor Cooperative Venture, and the overseas companies were not approved by our bureau.

  2. The Regulations on Examination and Approval Items for Establishment of Overseas Investment Enterprises issued by Ministry of Commerce of the People’s Republic of China on October 1, 2004.

  3. The Administrative Measures on Qualification for Foreign Labor Service Cooperative Venture issued by Ministry of Commerce of the People’s Republic of China on July 26, 2004.

  4. The Measures on Handling Exit Formalities for Labourers issued by Ministry of Foreign Trade & Economy Cooperation, Ministry of Foreign Affairs and Ministry of Public Security of the People’s Republic of China on April 1, 2002.

  5. The business liense of Dalian XXX Aquatic Products Co., Ltd. and the enquiry card and

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industry and commerce file of Dalian XXX Trading Co., Ltd.. The legal representative of these two companies is XXX.

  1. The local registration materials and translations of Dalian XXX Trading Co., Ltd. Liberia Branch and Dalian XXX Aquatic Products Co., Ltd. Liberia Branch.

  2. Detained articles and files list, the accounting evidences, unused receipts, 8 deposit books with RMB20 balance, account books, etc. of detained Dalian XXX Trading Co., Ltd..

  3. The advertisement on recruitment for foreign branches posted by Dalian XXX Trading Co., Ltd. and Dalian XXX Aquatic Products Co., Ltd. in New Business on October 13, 2004.

  4. The recruitment prospectus for Africa fishing labourers issued by Dalian XXX Aquatic Products Co., Ltd..

  5. According to judicial authentication report, it is verified that except for China Liaoning International Dalian XXX Service Co., Ltd., based on existing receipts, Dalian XXX Trading Co., Ltd. and Dalian XXX Aquatic Products Co., Ltd. have collected RMB20.10 million as international labor service fee from 431 persons from November 2003 to December 2006, and RMB2.3237 million has been refunded as shown in off-balance sheet accounting evidences.

  6. Chinese translations of the victims’ passports, and ordinary passports.

  7. According to the assessment description for the assets of Dalian XXX Aquatic Products Co., Ltd. Liberia Branch, the net assets of Dalian XXX Aquatic Products Co., Ltd. Liberia Branch are USD3.1412 million.

  8. The civil mediation agreement (2007) SMQCHZ No.1061 issued by Dalian Shahekou District Court proved that, XXX, the accused, was divorced by agreement with XXX on April 10.2007.

This court deemed that, XXX, the accused, fabricated the fact of sending out labourers to Las Palmas, Spain, utilized Dalian XXX XXX Consulting Co., Ltd. established by him, without qualification for international labor service agency, to collect management fee and deposit from victims, and used this service fee for purchasing boats and fishing spare parts, paying wage to staffs, etc. for Dalian XXX Consulting Co., Ltd. and Dalian XXX Fishery Co., Ltd.. His acts have constituted crime of contract fraud. The fraud amount, up to RMB10.60 million, is particularly huge, but in view of the

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fact that he agrees to use all the properties of the companies for refunding service fee, a lesser punishment shall be given to him.

To profiteer, XXX, the accused, violated national regulations, and posted illusive advertisements, without qualification for foreign labor cooperation service agency, by giving the excuse of handling international labor service formalities. The illegal business amount is up to RMB20.00 million, which seriously disturbs market order and constitutes crime of illegal business. XXX, the accused, has been convicted of the crimes due to the clear criminal facts accused by public prosecution organ and the truthful and full evidences. It is found upon investigation that the statement that all the acts are the companies’ acts, instead of his individual acts, addressed by XXX, the accused. In view of the fact that public prosecution organ doesn’t file a lawsuit against the companies of the accused on crime, based on actual situation, XXX, the accused, shall be punished as the leading person directly in charge of the companies. XXX, the accused, has negotiated about the defense on the criminal fact accused at the first stage with Joint Investigation Team of Dalian Municipal Government in 2002; he agreed on the solution of this event issued by Dalian Municipal Government, and transferred all the assets of Dalian XXX XXX Consulting Co., Ltd. to Dalian International Cooperation Co., Ltd.. Therefore, public prosecution organ shall not filed a lawsuit on the event handled. It is found upon examination that XXX, the accused, negotiated about the affairs related to refund of deposit paid by labourers, instead of the problem that his acts constitutes offence, with Joint Investigation Team of Dalian Municipal Government. With regard to the statement of XXX, the accused, that there is no international labor service in Africa, his acts doesn’t violate laws, much less crime, it is found upon examination that, the Regulations on Examination and Approval Items for Establishment of Overseas Investment Enterprises issued by Ministry of Commerce of the People’s Republic of China and Administrative Measures on Qualification for Foreign Labor Service Cooperative Venture issued by Ministry of Commerce of the People’s Republic of China and Administration for Industry and Commerce of the People’s Republic of China previously stipulated this. His companies, without qualification for foreign labor Cooperative Venture, recruited labourers beyond business scope, so his acts shall be identified as illegal business, the business beyond the scope appointed by industry and commerce department. His defenders deemed that

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XXX, the accused, didn’t constitute crime of contract fraud or crime of illegal business. It is found upon examination that factual and legal bases are lacked. According to Item 3 and Item 5 of Article 224, Item 3 of Article 225, Article 231, Article 53, Article 69 and Article 64 of the Criminal Law of the People’s Republic of China, the court hereby adjudges the accused as follows:

I. In view of being guilty of crime of contract fraud, XXX, the accused, shall be sentenced to fixed-term imprisonment of 12 years and shall be punished by a fine of RMB10.00 million; in view of being guilty of crime of illegal business, he shall be sentenced to fixed-term imprisonment of 8 years and shall be punished by a fine of RMB20.10 million; through joiner of punishment for plural crimes, this court decides to execute fixed-term imprisonment of 18 years, and give punishment by a fine of RMB30.10 million.

II. The RMB20.10 million illegal proceeds of XXX, the accused, shall be recovered.

Appeal against this decision via this court or directly to the Higher People’s Court of Liaoning Province within ten days from the second day after receipt of this verdict. In case of appealing in writing, submit one original and two copies of petition for appeal.

         Chief

         Justice

         Justice

         Justice

         The Intermediate People’s Court of Dalian, Liaoning Province

                                                              (seal)

October 27, 2008