At 10: 40 on the 7th, Zhu Chuanfeng, Zhu Chuanqing and Chuanbo Zhu stood in the dock of the Fifth Trial Court of Jinan Intermediate People’s Court. On behalf of the collegial panel, the presiding judge pronounced that Zhu Chuanfeng was sentenced to death, suspended for two years, deprived of political rights for life, and confiscated all his personal property. Zhu Chuanqing and Chuanbo Zhu were convicted of producing and selling toxic substances and harmful food; He was convicted of falsely issuing special invoices for value-added tax, and was sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property. At this point, the first trial of the case of Shandong Zhu brothers making waste oil, which had caused a sensation in the whole country, had a result.
crime
one
Zhu’s three brothers work together to process and sell waste oil.
In March, 2001, Zhu Chuanfeng, Zhu Chuanqing and Chuanbo Zhu brothers jointly invested and registered the Guoliugou Village Oil Factory in Kongcun Town, Pingyin County, engaged in the processing and sales of animal oil. In March 2007, three people registered and established Chengnan Xingcai Oil Factory in Kongcun Town, Pingyin County, engaged in the acquisition, processing and sales of biodiesel and animal oil. In March, 2009, three people invested with Du Hengqiang, the brother-in-law of Zhu Chuanqing, as the legal representative, and registered and established a developed company, engaged in the production and sales of industrial oils such as biodiesel, oleic acid, stearic acid and plant asphalt.
Since 2006, they have successively purchased a large number of raw materials such as hogwash fat and clay from Shandong, Beijing, Jiangsu and Xinjiang to produce waste oil. Knowing that others will pass off the gutter oil they bought as cooking oil, they still sold the gutter oil to 17 cooking oil business households, including Liaocheng Changquan Cereals and Oils Industry Co., Ltd. in Shandong Province, Jinan Qianmen Business Center, Jinan Dazhong Cereals and Oils Co., Ltd., Shanxi Houma Tiancang Cereals and Oils Co., Ltd., Yahui Cereals and Oils Distribution Department in Sanfeng Road, Baoding City, Hebei Province, and Yongxing Yinghua Edible Oil Retail Department in Jianli County, Hubei Province, with a total sales amount of 52,418,544.2 yuan. During the production and sales of waste oil, Zhu Chuanfeng is responsible for the overall work of the company, Zhu Chuanqing is in charge of salesmen, and is responsible for raw material procurement and product promotion, while Chuanbo Zhu is responsible for product sales and company finance.
crime
2
In 10 years, falsely issued VAT invoices of more than 13.35 million yuan.
In the course of operation, the developed company funded by the Zhu brothers had to issue a special invoice for output value-added tax to the other party when they sold the oleic acid and stearic acid products because there was no special invoice for input value-added tax in the purchased hogwash fat. In order to offset the tax, Zhu Chuanqing offered to help Ma Yuwang (a self-employed household in edible oil, which was handled separately) to issue a special invoice for input value-added tax.
After Ma Yuwang agreed, the developed company signed a false contract with the other party in the name of the developed company in the absence of actual purchase and sale business with 11 companies including Shandong Yu Wang Industrial Co., Ltd., Shanghai Yihai Trading Co., Ltd. Shandong Branch and Qingdao Bohai Agricultural Development Co., Ltd., and asked the other party to issue special VAT invoices to the developed company. During the ten years from 2001 to 2011, 53 special invoices for input value-added tax were obtained for developed companies, with a total amount of 13,353,312.68 yuan, a total tax amount of 1,735,930.72 yuan and a total price tax of 15,089,243.4 yuan.
sentence
According to the Criminal Law of People’s Republic of China (PRC) and the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety, Jinan Intermediate People’s Court finally ruled that:
Zhu Chuanfeng was convicted of producing and selling toxic and harmful food, sentenced to death, suspended for two years, deprived of political rights for life, and confiscated all his personal property.
Zhu Chuanqing was convicted of producing and selling toxic and harmful food, sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property; He was convicted of falsely issuing special invoices for value-added tax, sentenced to 12 years in prison, decided to execute life imprisonment, deprived of political rights for life, and confiscated all personal property.
Chuanbo Zhu was convicted of producing and selling toxic and harmful food, sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property; He was convicted of falsely issuing special invoices for value-added tax, sentenced to 10 years in prison, decided to execute life imprisonment, deprived of political rights for life, and confiscated all personal property.
The other seven defendants were also sentenced to fixed-term imprisonment ranging from five to fifteen years and fined accordingly.
On-site direct attack
Family members listened to the verdict under the stage.
On the morning of the 7th, in the gallery of the Fifth Trial Court of Jinan Intermediate People’s Court, more than 20 spectators waited for the judge’s verdict with a dignified expression. When Zhu Chuanfeng and others entered the court, they turned their heads from time to time to look at the audience, looking for the family members under the stage. A staff member of Jinan Intermediate People’s Court said that with permission, Zhu Chuanfeng and others’ families can enter the court to attend the verdict. With the verdict of the presiding judge, the reporter heard crying from the audience gallery, and several ladies hid their faces and cried. When Zhu Chuanfeng and others were taken to court by the bailiff, a young woman shouted "Dad" at the trial seat and then burst into tears.
[Case Review]
Pingyin country, known as the tradition of operating oil mills. In 2001, Zhu’s three brothers in Guoliugou Village, Kongcun Town, Pingyin County began to engage in oil refining business. According to insiders, Zhujiajian started the gutter oil business in Pingyin County the earliest, and other places followed suit. Since 2009, more than 1,500 tons of waste oil with a case value of more than 13 million yuan have been produced and sold to more than 60 grain and oil enterprises-this is the "black record" of Jinan Fada Oil Industry Co., Ltd.
On July 20th, 2011, according to the clues, Jinan Public Security Bureau filed an investigation on the case of the company’s production and sale of waste oil, and arrested 16 people involved in the case, including Zhu Chuanfeng, the general manager of the company, and knocked out the largest criminal group that produced and sold waste oil in Jinan in one fell swoop, becoming the first major case of production and sale of waste oil successfully detected in Shandong.
On March 3, 2009, the three Zhu brothers registered and established Jinan Fada Oil Industry Co., Ltd., whose registered business scope is biodiesel processing and sales. Subsequently, the Zhu brothers’ industry grew bigger and bigger. A villager once described it as follows: A trailer with a length of 20 to 30 meters transporting waste oil raw materials from other places is full of diesel barrels, and there can be at most five or six cars a day, coming down from the intersection of Xiaozhi Expressway nearby, traveling 10 kilometers northbound along National Highway 105, and heading straight for Zhujia Factory at the east end of Guoliugou Village. Tankers who come from other places to pull oil usually come at night or Saturday and Sunday. Among the oil trucks, villagers saw cars in Nanjing, Jiangsu, Jining, Shandong and other places, while an edible oil factory in Tai ‘an came in a few days. In the countryside, it was once said that Zhujiajian could earn 200,000 to 300,000 yuan a day.
The raw material oil of gutter oil, known as "crude oil" in the industry, is mostly refined from the meal waste pulled out from the restaurant trench, and some of it is refined from the discarded oil of fried food and animal fat. The site of refining crude oil is generally extremely dirty, and what the Zhujiajian brothers did was to buy crude oil and process red oil. According to a boss who has processed it, in 2011, the "crude oil" acquired was more than 5,000-6,000 yuan per ton. The main product of gutter oil factory is refined oil, which is called "red oil" in the industry. The price is about 8,300 yuan, the production loss per ton of "red oil" is about 800 yuan, and the production cost is about 600 yuan. Processing 1 ton of "crude oil" can earn about 500 to 600 yuan.
[Related News]
Grain and oil are mixed with waste oil for sale.
In less than four years, the sales reached more than 280 million yuan.
On July 4th, 2011, the campaign of encirclement and suppression of gutter oil, which was specially supervised by the Ministry of Public Security and originated in Zhejiang, started with Jinan wesen Energy Co., Ltd. and then swept across Shandong and Henan. According to the confession of the person in charge of Jinan wesen Energy Co., Ltd., 95% of the waste oil he produced was sold to a company in Henan and Jinan Qianmen Trading Company. On the 7th, Jinan Intermediate People’s Court sentenced Yu Haibo and Xing Hongsheng, the registrants of Jinan Qianmen Business.
In September 2006, Yu Haibo and Xing Hongsheng registered and established Qianmen Trading Company, engaged in grain and oil sales. They signed contracts for the purchase and sale of soybean oil with a number of pharmaceutical companies. In order to obtain high profits, Yu Haibo and Xing Hongsheng bought waste oil produced from hogwash fat at low prices from developed companies, Bohui Company and Green Company, mixed it with soybean oil and sold it to several pharmaceutical enterprises such as Qifa Pharmaceutical, Yitian Pharmaceutical and Inner Mongolia Company. Meanwhile, in order to avoid attracting others’ attention, Yu Haibo and Xing Hongsheng registered Dazhong Grain and Oil in October 2009 with Yu Haibo’s wife Zhang Hong as the legal representative. After the establishment of Dazhong Grain and Oil Co., Ltd., it alternately sold blended soybean oil to the above pharmaceutical enterprises with Qianmen Commerce. From September 2007 to July 2011, the two companies sold a total of 32,628.38 tons of waste oil, amounting to 280,202,899.26 yuan. It is understood that Yu Haibo is responsible for the comprehensive business activities of thousands of businesses and large and medium-sized grain and oil; Xing Hongsheng is responsible for purchasing and financial management; Liu Taijin and Yu Zhaorong are responsible for purchasing waste oil, blending and transporting it. Yu Haibo, Xing Hongsheng and Liu Taijin participated in all the sales activities. Since December 2010, Yu Zhaorong has participated in the sales of RMB 77,533,863.8.
On the 7th, the court sentenced Yu Haibo to 15 years’ imprisonment and confiscated all his personal property. Xing Hongsheng was sentenced to 15 years in prison and all his personal property was confiscated; Liu Taijin was sentenced to nine years in prison and fined one million yuan; Yu Zhaorong was sentenced to seven years in prison and fined 500,000 yuan; The proceeds of crime and the property used for the crime shall be confiscated by the Jinan Municipal Public Security Bureau and turned over to the state treasury.
(Reporter Chen Yanjie)