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Public Security Bureau of Baoan Branch, Shenzhen Municipality
Written Prosecution Opinion
Bao’an Branch of Shenzhen (preliminary registration) prosecution [2020] #34716
(Shenzhen, Guangdong
Province—Nov. 26, 2020)
Criminal Suspect: FU Xuanjuan
Female, 41 years of age, born December 20, 1978
Ethnicity: Han
Residential identity card No: 450521197812207889
Education level: Technical Secondary School
Political status: citizen
Domicile: Guangxi Zhuang Autonomous Region, No. 5 of Niu Er team, Dajiao Village Committee, Changle Town, Hepu County, Shanghai, current residence: 13th building #804, 1st alley, Xixiang Old Fishery village, Bao’an District, Shenzhen City, Guangdong ProvinceEmployer: Shenzhen’s Tree of Life Technological Development Co., Ltd.
August 06, 2020, arrested on suspicion of “unlawful business operation,” criminally detained at the detention facility in Bao’an District, Shenzhen City. Criminal Suspect FU
Xuanjuan’s defense lawyer, Yang Guojie, from Haibu Attorneys-At-Law, attorney license No. 14403201110047615.
Criminal suspect: DENG Tianyong
Male, 49 years of age, born December 4, 1971
Ethnicity: Han, residential identity card No.: 442000197104126616
Education level: Secondary School
Political status: citizen
Domicile: Group #40 of Huiyuan Community’s Residential Committee, Shaxi Town Zhongshan City, Guangdong Province, current residence: 13th building #804,1st alley, Xixiang Old Fishery village, Bao’an District, Shenzhen City, Guangdong Province,
Employer: Shenzhen’s Tree of Life Technological Development Co., Ltd.
July 03, 2020, arrested on suspicion of “unlawful business operation,” criminally detained at the detention facility in Bao’an District, Shenzhen City. August 06, 2020, arrested on suspicion of “unlawful business operation,” detained at the detention facility in Bao’an District, Shenzhen City.
Criminal suspect: FENG Qunhao
Male, 44 years of age, born June 13, 1976
Ethnicity: Han, residential identity card No.: 441222197606135211
Education level: Secondary School, political status: citizen
Domicile: No. 15, Tao Chong New Village Committee, Dongcheng Subdistrict, Zhaoqing City Sihui County, Guangdong Province, current residence: Building #B903, No. 109-110 of Xixiang’s Ma An Shan Community, Bao’an District, Shenzhen City, Guangdong Province Employer: Shenzhen’s Tree of Life Technological Development Co., Ltd.
July 03, 2020, arrested on suspicion of “unlawful business operation,” criminally detained at the detention facility in Bao’an District, Shenzhen City. August 06, 2020, arrested on suspicion of “unlawful business operation,” currently at the detention facility in Bao’an District, Shenzhen City.
Criminal suspect: HAN Li
Female, 38 years of age, born November 14, 1981
Ethnicity: Han, residential identity card No.: 460022198111143742
Education level: college degree, political status: citizen
Ddomicile: No. 16. Second Village of Baiqiu, Wenchang City, provincial-controlled division of Hainan. current residence 13th building #903, 1st alley, Xixiang Old Fishery village, Bao’an District, Shenzhen City, Guangdong Province
Employer: Shenzhen’s Tree of Life Technological Development Co., Ltd.
July 03, 2020, arrested on suspicion of “unlawful business operation,” criminally detained at the detention facility in Bao’an District, Shenzhen City. August 06, 2020, arrested on suspicion of “unlawful business operation,” currently at the detention facility in Bao’an District Shenzhen City.
Criminal suspects FU Xuanjuan; DENG Tianyong; FENG Qunhao; HAN Li suspected of the case “unlawful business operation,” upon examination by our bureau, were investigated as of July 03, 2020. Criminal suspects FU Xuanjuan; DENG Tianyong; FENG Qunhao, HAN Lisuspected of the case “unlawful business operation,” were arrested and brought to justice as of July 03, 2020. The investigation is now over.
Through legal questioning, criminal suspect FU Xuanjuan confessed that she is the legal person and operator of Shenzhen’s Tree of Life Technological Development Co., Ltd, which she took over as of August 2015. Said company mainly operates based on the sales of MP3, MP4 players, which includes information relating to the bible, and wireless microphones, etc. A considerable portion of the company’s operating model is getting goods from factories that produce players, some of which are self-assembled, and blank SD cards are then purchased. Customers provide a portion of the content; another is content about Christianity that is downloaded by them and put into the SD cards, which are then inserted into the players that can be sold as products. Their main sales channels are through recommendation and the online store Taobao.
FU Xuanjuan admitted that the business activities of Shenzhen’s Tree of Life Technological Development Co., Ltd did not obtain a permit from the relevant department of China Culture Publishing House. In April 2018, due to engaging in the retail business activities of electronic publications without authorization, the Culture, Radio, Television, Tourism and Sports Bureau of Shenzhen Municipality gave an administrative penalty. Criminal suspect FU Xuanjuan, from the time of the incident to 2018, this company’s annual sales involving bible MP3, MP4 players, and wireless microphones estimate to be RMB one million. Criminal suspect DENG Tianyong is the husband of suspect FU Xuanjuan; his job mainly entails auditing the contents downloaded onto the MP3, MP4 electronic products. Criminal suspect HAN Li was primarily responsible for part-time front desk and finances (front desk’s specific responsibility for the packaging, shipping, and after-sales, the finances aspect is specifically for the timesheets of the production staff, the company’s monthly income statements as well as settlements for various daily expenditures). Criminal suspect, FENG Qunhao is the company’s technician, responsible for copying audios and videos onto the players and repairing returned products.
Through the specialized audit conducted by Shenzhen Tianda United Accounting Firm on the settlement of the daily sales and returns settlement of Shenzhen’s Tree of Life Technological Development Co., Ltd, it is believed that the suspected unlawful business sales of the electronic player products, which are pre-installed with the bible and religious content, amounts to RMB 3661847.84.
Guilty based on the evidence of the aforementioned facts of crimes is as below:
The statements and exculpations of criminal suspects FU Xuanjuan, DENG Tianyong, FENG Qunhao, HAN Li.; documentary evidence; physical evidence.
Criminal suspects FU Xuanjuan; DENG Tianyong; FENG Qunhao; HAN Li confessed to the suspicions of “unlawful business operation,” plead guilty and accept punishment.
The aforementioned facts of crimes are clear, evident is reliable, and sufficient, enough to determine.
In summary, such actions of criminal suspects FU Xuanjuan; DENG Tianyong; FENG Qunhao; HAN Li are in violation of Article 225 of the Criminal Law of the People’s Republic of China, suspected of “unlawful business operation.” Accordingly, to the provisions under article 162 of the Criminal Procedure Law of the People’s Republic of China, this case will now be transferred for examination before prosecution.
Regards,
Shenzhen Bao’an People’s procuratorate
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