Recently, the Peoples Court of Jinshan District in Shanghai concluded a theft case. The defendant Liu Mouhu and Ma Moufang, together with Li Moufu and Qu Mousheng, stole three white-headed black emperors stingray fish. He was sentenced to eleven to five yearsimprisonment at first instance and fined from 60,000 yuan to 10,000 yuan. The second instance upheld the first judgment. According to reports, the Stingray fish, nicknamed Devil Fish, has the reputation of living fossil in water, and has high ornamental value. The black emperor stingray is one of the existing species of stingray, especially the White Emperor stingray, which is the most rare one. According to the industry quotations, the male and female of Baizi Black Emperors stingray fish are about 600,000 yuan to 650,000 yuan and 800,000 yuan to 850,000 yuan respectively. The market value of the three fish stolen by four defendants is estimated to be 2 million yuan.
Theft of Three-tailed Stingrays Raised in Zen Temple
According to the Jinshan court, on the morning of February 28, 2016, Mr. Zhou rushed to the public security organ to report the theft of three stingrays, one male and one female, raised in a Zen temple in Jinshan with Mr. Xie.
Originally, Mr. Xie and Mr. Zhou were both fish lovers. They raised some prawns in a room in the southwest corner of a Zen temple in Jinshan District. There were five fish tanks and more than 20 fish. Early in the morning, we checked on the spot and found that three stingrays were stolen. They were all the most precious white and black emperors of stingrays. The original purchase price of three stingrays totaled 3.6 million yuan.
The public security organs immediately filed a case for investigation. After investigation, the suspects of major theft, such as one side of Ma, were locked in and chased on the Internet. From January 2017 to January 2018, Liu Mouhu, Ma Moufang, Qu Mousheng, Li Moufu and others fell into the net successively.
Among them, the main offender Liu Mouhu once managed an aquarium. He visited a Zen temple in Jinshan District from 2016. He accidentally saw the Stingray fish raised in the temple. He knew the market price of stingray fish very well, and he never forgot it.
The stolen stingray died on the diversion Road
In February 2016, Liu commissioned one side of Ma to steal fish from Zen Temple, and promised to pay a high price after completion. Ma Moufang then gathered Li Moufu, Qu Mousheng and others to steal fish. On February 25, Ma led people to drive to the burglary site for stamping. Before the action, Liu Mouhu showed people the photos of the stolen ornamental fish, and made clear the location of the stolen fish and the necessary tools.
In the early morning of February 28, 2016, Ma Mofang, together with Li Moufu and Qu Mousheng, drove to the temple with oxygen cylinders and fishing nets. Arranged by one side of Ma, Li Moufu and others climbed over the wall and entered the temple to steal. Qu Mousheng watched. Ma Moufang and other people drove to pick up. They stole three white-headed black emperors stingrays stored in the temple by the victims, Mr. Xie and Mr. Zhou.
On the way back to Shandong Province with stolen goods, Liu Mouhu said that the owner had reported the case, so he abandoned the acquisition, let Ma Moufang and others handle the stolen goods by themselves, and paid Ma Moufang and others 42,000 yuan. All the stingrays stolen on the way home died and were buried.
Market Valuation 2 Million Yuan Primary Offender Sentenced for 11 Years
According to the evaluation report issued by the Shanghai Fisheries Industry Association and the attached information and instructions, the Court confirmed that the stolen stingray was the white-headed black emperor stingray (freshwater). Its body size had reached the sexual maturity standard and it could be used as a breeding fish with a total value of about 2 million yuan. At the same time, the price survey note issued by Jinshan Price Certification Center confirmed the conclusion that the total value of three-tailed stingray fish described in the evaluation report issued by Shanghai Fisheries Industry Association is about 2 million yuan, which basically conforms to the market quotation of the benchmark date (February 28, 2016).
For the purpose of illegal possession, one party of the defendant and others steal citizens property by secret means, which has constituted the crime of theft, and the amount is especially huge. The defendant is the principal offender who plays a major role in the joint crime. Eventually, Ma was sentenced to 10 yearsimprisonment and a fine of 50,000 yuan for theft.
The defendants, Li Moufu and Qu Mousheng, and others steal other peoples property by secret means for the purpose of illegal possession. Their actions have all constituted theft. Li Moufu and Qu Mousheng participated in the crime at the initiation, collection and command of the co-offenders Liu Mouhu and Ma, and received remuneration from them. Their status and role are obviously different. Based on the whole case, it can be concluded that the two defendants play a minor role in the joint crime and are accomplices and should be given lighter or mitigated punishment. If the defendant confesses the facts of the crime truthfully after he arrives at the case, he may be given a lighter punishment. To sum up, it was decided to mitigate the punishment for each of the two defendants. The defendants, Li Moufu and Qu Mousheng, were sentenced to six and five yearsimprisonment for theft and a fine of 12,000 yuan and 10,000 yuan.
Court: The defendant knows the value of the stolen stingray
If you steal three fish, you will be sentenced to heavy punishment. Is it too heavy?
In response, the Jinshan Court said that according to the evaluation report issued by the Shanghai Fisheries Industry Association and the attached information and instructions, it was confirmed that the stolen stingray was the white-headed black emperor stingray (freshwater). Its body size had reached the sexual maturity standard. After evaluation, it could be used as a kind of fish with a total value of about 2 million yuan, and it was confirmed by Jinshan Price Certification Center.
The defendant, Liu Mouhu, was the owner of the aquarium. He entrusted Ma to collect Li Moufu and Qu Mousheng to steal fish and promised to buy them at a high price afterwards. From this, we can see that Liu Mouhu knew the value of the stolen goods. Before the theft was carried out, other members had seen pictures of the fish from Liu Mouhus mobile phone to understand the characteristics of the fishs name, and in participating in the premeditation, they knew that the stolen price of each fish was as high as RMB 30-40,000 yuan. Unlike ordinary fish, they should know subjectively that the stolen goods were of high value, so there was no misunderstanding. According to Article 264 of the Criminal Law, if the amount of theft of public or private property is especially large or if there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated property. The court therefore rendered the above judgment.
Source: Beijing Headline Responsible Editor: Pan Qingqing_NBJS5830