Binzhou Intermediate People's Court of Shandong Province
The verdict of criminal proceedings
(2009) Zhong Binxing Zhong Er ZiNo. 1 1
The defendant Qingdao Jinhua Marine Life Co., Ltd. and the defendants Wang Wanquan and Guo Zhixian in the original trial refused to accept, saying that "the defendant Qingdao Jinhua Marine Life Co., Ltd. signed an agreement with the defendant He in this case, and the two parties had an ordinary business relationship, and the actions of the defendant unit, Wang Wanquan and Guo Zhixian did not constitute the crime of illegal business operation. The original judgment found that the facts of the defendant's case were unclear and the evidence was insufficient. The original judgment found that the business model of this case was pyramid selling, with unclear facts and insufficient evidence. Appeal on the grounds of. The case was tried by a collegial panel according to law. Due to the seriousness and complexity of the case, the trial period was extended by one month with the approval of the Shandong Higher People's Court. The trial is now over.
The court believes that some facts identified in the original judgment are unclear and the evidence is insufficient. In accordance with the provisions of Item (3) of Article 189 of the Criminal Procedure Law of People's Republic of China (PRC), the ruling is as follows:
1. Revoke the criminal judgment of Huimin County People's Court (2008) Hui Xing Zi Chu Di 120;
Two, sent back to Huimin County People's court for retrial.
This is the final verdict.