The People's Court of Linyi County, Shandong Province heard the case in which the Linyi County People's Procuratorate accused the defendants in the original trial, Yijia Industrial Company and Yijia Economic and Trade Company, of defrauding financial instruments and the defendant W in the original trial was guilty of defrauding financial instruments and committing fraud. In 2065 Criminal judgment No. (2017) Lu 1424 was issued on March 4. The defendant Qingdao Yijia Economic and Trade Co., Ltd. was guilty of the crime of defrauding financial instruments and was exempted from criminal punishment; the defendant W was guilty of the crime of defrauding financial instruments and was fined RMB 50,000. For fraud, he was sentenced to three years in prison and fined 50,000 yuan. Sentenced to three years in prison and fined 100,000 yuan. Qingdao Yijia Economic and Trade Industrial Import and Export Co., Ltd. was ordered to return RMB 495,626.56 to Shandong Hengyuan Petrochemical Co., Ltd. After the verdict was announced, the defendant Yijia Industrial Company was dissatisfied and appealed on the grounds that "the Linyi County People's Court has no jurisdiction over this case and does not constitute the crime of defrauding financial instruments"; the defendant Yijia Economic and Trade Company argued that "the Linyi County People's Court has no jurisdiction over this case". The defendant W filed an appeal on the grounds that "the crime did not constitute a crime of fraud and the crime of defrauding financial instruments". Our court formed a collegial panel to hear the case in accordance with the law. The trial is now over.
The court held that the facts of the original judgment were unclear and the evidence was insufficient. In accordance with the provisions of Article 236, Paragraph 1, Item 3 of the Criminal Procedure Law of the People's Republic of China, the ruling is as follows:
1. Cancellation of the People's Court of Linyi County, Shandong Province (2017) Lu 1424 Criminal Judgment No. 9, Xingchuzi;
2. Send the case back to the People’s Court of Linyi County, Shandong Province for retrial.
This is the final verdict.