People's Procuratorate of Lieshan District, Huaibei City, Anhui Province

Criminal protest

LJGXK [2019] No. 5

The People's Court of Lieshan District, Huaibei City, issued the criminal judgment (2018) Wan 0604 Xing Chu No. 54 to judge the case that the defendant Fu Xinling was suspected of fraud: the defendant Fu Xinling committed the crime of fraud, was sentenced to four years and six months of fixed-term imprisonment, and was also fined 200000 yuan. After examination according to law, the Court believed that the first instance judgment, on the ground that the defendant Fu Xinling had used the means of altering certificates, but had real items, found that the defendant Fu Xinling did not have the purpose of illegal possession in view, and therefore did not find the second and third criminal facts charged in the indictment, which was obviously a mistake in finding facts, for the following reasons:

1、 The defendant's newly received statement can prove the purpose of illegal possession

The first instance decision adopted all the evidence of the defendant Fu Xinling's crime of fraud, including the defendant's confession, and determined that he declared the project "to make up for losses and obtain funds for national support projects". It can be seen from this that the defendant Fu Xinling's subjective purpose before declaring the project was very clear, that is, to illegally occupy the project subsidy funds to make up for enterprise losses, And all the funds obtained from the declared project will be transferred to personal bank accounts, and some will be used for living expenses, repayment of loans and other purposes, not for enterprise development.

2、 The defendant's act of paying a new claim confirmed his purpose of illegal possession

（1） The first instance verdict found that the defendant Fu Xinling declared the criminal facts of the project in the name of Huaibei Zhenhuai Agricultural and Animal Husbandry Science and Technology Professional Cooperative (hereinafter referred to as "Zhenhuai Cooperative"), knowing that Anhui Ruixing Agricultural and Animal Husbandry Science and Technology Co., Ltd. did not meet the declaration conditions, and adopted the method of fabricating the facts and concealing the truth, that is, by altering the Certificate of Animal Epidemic Prevention Conditions Production and Operation License of Breeding Livestock and Poultry; In addition, although Zhenhuai Cooperative is a leading enterprise, its main business income in 2013 was only 548703.30 yuan, far from meeting the requirements of the main business income of more than 5 million yuan in the previous year, which does not meet the project application conditions; （2） The first instance judgment found that although the defendant Fu Xinling implemented the project construction, there were incomplete and true elements and circumstances in terms of quantity and other requirements, that is, there were 50 fewer Huanghuai white goats and 4 fewer Duper sheep. The project construction did not meet the requirements of the application documents, and there were false elements. Therefore, the defendant Fu Xinling, knowing that the project declaration conditions were not met, still used the method of fabricating facts and concealing the truth to implement the project declaration and obtain project subsidies, which just confirmed the purpose of his illegal possession; （3） The application document stipulates that the project implementation method is to build first and then supplement, and allocate all funds after the acceptance is qualified. However, Zhenhuai Cooperative violated the application document, reported and obtained project subsidy funds when the construction has not been completed, which also reflects the purpose of its illegal possession to some extent.

To sum up, the court of first instance made some mistakes in finding facts, which should be corrected according to law. In order to maintain judicial fairness and accurately punish crimes, we hereby lodge a protest in accordance with the provisions of Article 228 of the Criminal Procedure Law of the People's Republic of China and apply for a sentence according to law.

Sincerely

Huaibei Intermediate People's Court of Anhui Province

November 11, 2019

Attachment: The defendant Fu Xinling is now in custody at the Second Detention Center of Huaibei City.