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No.9 of Ten Model Cases concerning Drug-related Crimes and Drug-related Secondary Crimes Published by the Supreme People's Court: People v. Lu Fuping (Case concerning Illegal Production of Drug-making Materials by Lu Fuping)
(Case concerning Illegal Production of Drug-making Materials by Lu Fuping)
最高人民法院公布10起毒品犯罪及涉毒次生犯罪典型案例之九：鲁福平非法生产制毒物品案——非法生产邻氯苯基环戊酮，情节特别严重，依法惩处
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| No.9 of Ten Model Cases concerning Drug-related Crimes and Drug-related Secondary Crimes Published by the Supreme People's Court: People v. Lu Fuping (Case concerning Illegal Production of Drug-making Materials by Lu Fuping)--The criminal offender illegally produced o-chlorophenyl cyclopentanone and he should be punished according to the law for the particularly serious circumstances. | | 最高人民法院公布10起毒品犯罪及涉毒次生犯罪典型案例之九：鲁福平非法生产制毒物品案——非法生产邻氯苯基环戊酮，情节特别严重，依法惩处 |
| (1) Basic Facts | | 【基本案情】 |
| Defendant Lu Fuping, male, Chinese Han, born on November 22, 1965, jobless. On November 15, 2005, he was sentenced to a fixed-term imprisonment of seven years, in addition to a fine of CNY200,000 for committing a crime of issuing false special VAT invoices, defrauding export tax refunds, and deducting tax invoices; on January 23, 2014, he was sentenced to a fixed-term imprisonment of one year and nine months, in addition to a fine of CNY15,000 for committing a crime of illegally trading drug-making materials. On January 24, 2015, he was released upon completion of the sentence. | | 被告人鲁福平。2005年11月15日因犯虚开增值税专用发票、用于骗取出口退税、抵扣税款发票罪被判处有期徒刑七年，并处罚金人民币二十万元；2014年1月23日因犯非法买卖制毒物品罪被判处有期徒刑一年九个月，并处罚金人民币一万五千元，2015年1月24日刑满释放。 |
In May 2016, defendant Lu Fuping colluded with Zhou (handled in a separate action) in producing o-chlorophenyl cyclopentanone (hereinafter referred to as “o-chlor”) and they agreed that Zhou provided the funds and Lu Fuping was in charge of contacting a workshop and organizing personnel. In June of the same year, Lu Fuping selected a workshop of a biochemical company in Pingdingshan City, Henan Province as the site for production of o-chlor and arranged Wang (handled in a separate action) as the technician. Zhou paid Wang a deposit of CNY100,000 and arranged Cai and Chen to participate in the production of o-chlor. Up to July 25 of the same year when the aforesaid persons were arrested, Lu Fuping and other persons have produced four batches of o-chlor, 231.5kg in total, by using the equipment and personnel of the company.
．．．．．． | | 2016年5月，被告人鲁福平与周某（另案处理）共谋生产邻氯苯基环戊酮（以下简称邻酮），商定由周某提供资金，鲁福平负责联系工厂、组织人员。同年6月，鲁福平选定河南省平顶山市一生化公司车间作为生产邻酮的地点，并安排王某某（另案处理）做技术员。周某向王某某支付10万元定金，并安排蔡某某、陈某某参与生产邻酮。至同年7月25日被查获时，鲁福平等人利用该公司设备、人员生产邻酮4批次，共计231.5千克。
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