Skycoin v EVOLAB — Shanghai 0106 Criminal Case First Trail NO. 1306

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Sentence in Writing

People’s Court, Jing’an District, Shanghai

People’s Republic of China

[2018] Shanghai 0106 Criminal Case First Trail NO. 1306

Public prosecution organ: The People’s Procuratorate of Jing’an District, Shanghai, People’s Republic of China.

Defendant: Yan Xiangdong, male, born on September 15th 1983 in Jiyuan City, Henan Province. The Han nationality, educational background as bachelor, liberal professions. Place of domicile: Room 805, NO. 2, Branch Lane 6, Lane 1312 of Shuidian Road, Hongkou District, Shanghai. Currently living at Room 2103, NO.9 of Lane 555, Furong River Road, Changning District, Shanghai. Detained because of this criminal case on June 219 2018, arrested on July 26th of the same year. Now detained in Detention House of Jing’an District, Shanghai (Block North). Pleader: Shi Jun, lawyer of Shanghai Shanfa Law Firm.

Pleader: Xu Fangqian, lawyer of Shanghai Branch, Beijing Huicheng Law Firm.

Defendant: Li Min, feinale, born in Yangxin County, Hubei Province on December 8th 1988. The Han nationality, educational background as bachelor, legal representative of Shanghai Ruzhen Shangxia Industrial Co.,Ltd. Place of domicile: NO. 480, Team 5, Xiali Village, Futu Town, Yangxin County, Hubei Province, currently living at Room 2103, NO.9 of Lane 555, Furong River Road, Changning District, Shanghai. Detained because of this criminal case on June 21st 2018, arrested on July 26th of the same year. Now detained in Detention House of Jing’an District, Shanghai (Block South).

Pleader: Yang Zhuang, Lin Yuhan, lawyers of Shanghai Branch, Beijing Huicheng Law Firm

Defendant: SAM SING FONG, male, born on January 1st 1979 in Malaysia, passport NO A37525082, educational background as bachelor, employee of Shanghai Ruzhen Shangxia Industrial Co., Ltd. Currently living at Room 1103, NO. 15 of Lane 158, Baocheng Road, Minhang District, Shanghai. Detained because of this criminal case on June 21 2018, arrested on July 26th of the same year. Now detained in Detention House Shanghai.

Pleader: Yang Huixin, lawyer of Shanghai Shengjie Law Finn.

Defendant: Sun Fei, male, born in Fuyang City of Anhui Province on December 4th 1980, The Han nationality, educational background as master, liberal professions. Place of domicile: NO. 112 of Luoxiu New Village, Xuhui District, Shanghai. Currently living at Room 603, NO. 2 of Lane 335, Danshui Road, Huangpu District, Shanghai. Detained because of this criminal case on June 21st 2018, arrested on July 26th of the same year. Now detained in Detention House of Jing’an District, Shanghai (Block North).

Pleader: Shen Xiaodong, lawyer of Shanghai Haojia Law Firm.

On November 3rd 2018, the People’s Procuratorate of Jing’an District, Shanghai initiated a public prosecution against defendants [Yan Xiangdong, Li Min, SAM SING FONG, Sun Fei] for the accusation of unlawful detention, with the indictment as Shanghai, Jing’an District, Procuratorate One, Criminal Procedure [2018] NO. 320. After accepting and hearing by the court, collegiate bench was legally formed and the case was heard in public. The People’s Procuratorate of Jing’an District, Shanghai appointed Chen Yingang (the procurator) to appear in court and support the public prosecution. Defendants [Yan Xiangdong, Li Min, SAM SING FONG, Sun Fei] and pleaders [Shi Jun, Xu Fangqian, Yang Zhuang, Lin Yuhan, Yang Huixin, Shen Xiaodong] were listed in court and took part in the lawsuit. Now the hearing is already settled.

Accused by public prosecution organ that, at 9:30 p.m. of June 12th 2018, defendants [Yan Xiangdong, Li Min, SAM SING FONG, Sun Fei], together with Weng Xuekan, Li Zhengchao and the others visited Room 1101, NO. 5 of Lane 903, Hutai Road, Jing’an District, Shanghai, victims’ [Li Shengyan, Brandon Smietana (male, 30, American)] domicile. With the means of controlling mobiles, limiting personal freedom, Brandon was required to unfreeze the frozen SKY account. During which, Yan Xiangdong, Li Min and the others even had beating actions and menace words. Due to which, Brandon and Li Shengyan were forced to transfer the mastered 18.88 BTC, 6,466 SKY to accounts appointed by Yan Xiangdong and the others. At 3:00 a.m. of the next morning, Yan Xiangdong and the others left. By authentication, victims Li Shengyan and Brandon were both lightly injured.

On June 20th 2018, defendants (Yan Xiangdong, SAM SING FONG, Sun Fei] were subpoenaed by people’s policemen in Room 2003, Building A, NO. 319 of Xianxia Road, Shanghai, defendant [Li Min] proactively handed herself in public security organ. After appearing before the court, Yan Xiangdong refused to account the fact, Sun Fei. SAM SING FONG, Li Min partly accounted the above stated criminal fact.

Against the above accused facts, public prosecution organ provided relevant victims’ statements, witnesses’ testimonies, documentary evidences and other evidences, believed defendants [Yan Xiangdong, SAM SING FONG, Sun Fei, Li Min] had jointly detained the citizens, with beating actions, the actions could be judged as crime of unlawful detention. Submitted to legally investigate for criminal responsibility against defendants [Yan Xiangdong, SAM SING FONG, Sun Fei, Li Min) according to rules by clause 1 and 3 of article 238, clause 1 of article 25, clause 1 of article 6 from <Criminal Law of the People’s Republic of China>.

Defendant [Yan Xiangdong] appeared no disagreements against all accused facts of crime or charges. The corresponding pleaders appeared no disagreements against all accused facts of crime or charges either. And suggested that as Yan Xiangdong and the others had economic disputes with victims, they had taken some incorrect means to protect their legal interests, and the relevant BTC, SKY would be returned, so the subjective hostile was quite low. And more, this was an initial crime and casual crime of Yan Xiangdong, and he accepted all charges at the court, so the pleaders would like to suggest lighter punishment and probation.

Defendant [Li Min] appeared no disagreements against all accused facts of criminal charges. The corresponding pleaders appeared no disagreements against all accused facts of crime or charges either. And suggested that as the case was occurred for economie disputes At Min had no criminal record, and she proactively, went to local police station to hand herself in, so the pleaders would like to suggest lighter punishment.

Defendant (SAM SING FONG] appeared no disagreements against all accused facts of crime or charges. The corresponding pleaders appeared no disagreements against all accused facts of crime or charges either. And suggested the case was caused by victims’ error. Defendant was claiming for legal interests, SAM SING FONG just had threatened the victims, no any beating actions, so SAM SING FONG shall be judged as accessary. SAM SING FONG was active on admitting his guilt, and stated the accused criminals cordially, so the pleaders would like to suggest the court to exempt criminal punishment against SAM SING FONG.

Defendant (Sun Fei] appeared no disagreements against all accused facts of crime or charges. The corresponding pleaders appeared no disagreements against all accused facts of crime or charges either. And suggested that Sun Fei had no beating actions against victims, and he was active on admitting his guilt, so the pleaders would like to suggest the court to give a lesser punishment on Sun Fei.

All facts ascertained by hearing were compatible with accused facts, the court had confirmed.

All above listed facts were verified by the following evidences:

1. Statement and record from victims [Li Sheng Yan and Brandon Smietana], verified that to solve the problem of frozen SKY account, defendants [Yan Xiangdong, SAM SING FONG, Sun Fei, Li Min) and the others visited victims’ home at 9:00 p.m. of June 12th 2018, controlled their mobile phones and limited their personal freedom. During which, Yan Xiangdong and the others had beating actions and threatening words on them. Thus, they were forced to transfer the possessed 18.88 BTC and 6,466 SKY to their appointed accounts.

2. Witnesses [Wen Xuekan, Li Zhengchao) written record, verified that victims’ [Li Sheng Yan and Brandon Smietana] personal freedom were limited and their mobile phones were controlled by defendants [Yan Xiangdong, SAM SING FONG, Sun Fei, Li Min). During which, Yan Xiangdong had beating actions on Brandon Smietana. And SAM SING FONG had threatening words against Brandon Smietana.

3. Inspection notice issued by public security organ, judicial expertise position paper and photos of injury conditions issued by Judicial Expertise Station of Shanghai Linji Health Management and Consultant Co.,Ltd, verified that victims’ [Li Sheng Yan and Brandon Smietana) condition of injures.

4. Mobile phone screenshot edited and acquired by public security organ, verified that defendants [Li Min and the others) had disputes with Brandon against the matter that the SKY account was frozen and request for account checking.

5. Statement records from defendants [Yan Xiangdong, SAM SING FONG, Sun Fei, Li Min) and the confession in court, verified that the four defendants did not state criminal facts on appearing before the court, however all accused criminal facts were literally stated during court trial.

6. Case accepting registration and case handling statement issued and edited by public security organ, verified the details of the case and the accomplice’s situation of four defendants.

7. Household registration information, detailed information of overseas people, passport copies provided and acquired by public security organ, verified that basic identification of four defendants.

All above evidences had been cross-examined by court trail and approved to be true, legal and valid, shall be approved and confirmed.

The court believes that, defendants [Yan Xiangdong, SAM SING FONG, Sun Fei, LP Min] had illegally detained the others, with beating actions, which shall be judged as crime of false imprisonment, and shall be punished legally. The accused crime from public prosecution organ is approved and the court agrees with which. As for the defense opinions from defendant’s [SAM SING FONG) pleader that the case was caused by victim’s error, SO SAM SING FONG shall be judged as accessary criminal. By surveying, the currently existing evidences could just approve that there existed economical disputes between defendants and victim, however no evidence could proof the victim was the tort-feasor of disputes. What’s more, when implementing unlawful detention against victims, together with Yan Xiangdong and the others, SAM SING FONG even had threatening words. So, it’s hard to identify SAM SING FONG was playing a secondary or assistant role, and SAM SING FONG could not be judged as accessory criminal. This defense opinion is refused. During the court trial, defendants [Yan Xiangdong, SAM SING FONG, Sun Fei, Li Min) could state their individual criminal facts literally, so they could be punished lighter, the defense opinion from each pleader of lighter punishing defendants is accepted. However, these four defendants gathered the others to illegally detained victims at midnight, with beating actions, making victims lightly injured. So, the defendants shall be given a heavier punishment. The defense opinions about probation and pardoning criminal punishment from relevant pleaders, the court refuses. According to which, based on rules by clause 1 of article 6, clause 1 and 3 of article 238, clause 1 of article 25 from <Criminal Law of the People’s Republic of China>, we are publishing the judgement as follows:

I. Defendant [Yan Xiangdong], crime of false imprisonment, sentenced with 8 months of fixed-term imprisonment. (term of imprisonment would be counted since the date of sentence execution. If detained before sentence execution, one detention day would deduct one term of imprisonment day. As June 20th 2018 to February 19th 2019.)

II. Defendant [Li Min), crime of false imprisonment, sentenced with 7 months of fixed-term imprisonment (tern of imprisonment would be counted since the date of sentence execution. If detained before sentence execution, one detention day would deduct one term of imprisonment day. As June 20th 2018 to January 19th 2019.)

III. Defendant [SAM SING FONG), crime of false imprisonment, sentenced with 7 months of fixed-term imprisonment. (term of imprisonment would be counted since the date of sentence execution. If detained before sentence execution, one detention day would deduct one term of imprisonment day. As June 20th 2018 to January 19th 2019.)

IV. Defendant (Sun Fei], crime of false imprisonment, sentenced with 6 months and 15 days of fixed-term imprisonment. (term of imprisonment would be counted since the date of sentence execution. If detained before sentence execution, one detention day would deduct one term of imprisonment day. As June 20th 2018 to January 3rd 2019.)

Any disagreement against this judgement, the defendant could appeal against the Second Intermediate People’s Court of Shanghai from the second day to the tenth day since receiving the written judgement. To appeal by written form, one copy and one origin of appealing book shall be presented.

Chief Judge Tao Chenyi

Judge Gao Xin

Judge Gong Xulong

Seal of People’s Court of Jing’an District, Shanghai

December 24th 2017

This copy has already been checked with origin and confirmed with no difference

Court Clerk Yan Yanwen

Attachment: relevant legal provisions
<Criminal Law of the People’s Republic of China>
Article 6 Any crime in the territory of the People’s Republic of China, beyond special rules, this law is applicative.

Article 238 Any illegally detain against the others, or deprivation of personal liberty in other means shall be published by fixed-term imprisonment, detention, control or deprivation of political right with the term of imprisonnent below 3 years. If action of beating, insulting is included. there shall bo hear impunishment.

Any unlawful detentions against the other for claiming for debts shall be punished according to the above clauses.

Article 25 Joint offense stands for jointly calculated crime with over two persons.

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