On September 21, 2023, the Zizhong County People's Court held a public hearing of a case of "refusal to implement judgments and rulings" in the first instance, and the defendant Xie was sentenced to six months in prison for concealing assets to avoid execution. During the trial of the case, the court also invited more than 20 defendants to observe the trial and receive education on the rule of law.
Case:
He owes 500,000 yuan, and he has not paid back 1,000 yuan every month
The matter is this: the defendant in this case, Xie, borrowed 500,000 yuan from Du. On February 24, 2021, the Zizhong Court ordered Xie to repay Du's loan principal and overdue interest. However, after the judgment came into effect, Xie still did not fulfill his repayment obligations.
Du then applied to the court for compulsory enforcement on June 2, 2021. After accepting the case, the Zizhong court served Xie with the relevant enforcement documents. However, Xie was summoned by the court but did not appear at the scene for investigation and did not report his assets.
During the enforcement by the court, Xie's bank deposit of 12,975.65 yuan was deducted in July 2021, and after inquiring at the Zizhong County Real Estate Registration Center and the Chengdu Real Estate Registration Center, it was found that Xie had no real estate under his name, and after on-site investigation, it was not found that Xie had other property available for enforcement. On October 25, 2021, the Zizhong Court issued an enforcement ruling: ending this enforcement procedure.
On March 21, 2022, Xie went to the Zizhong Court as the plaintiff in other litigation cases, and the enforcement judge used this to investigate Xie, who stated that he had no fixed job, no fixed income, no real estate and no vehicle, and promised to pay Du 1,000 yuan per month from March 2022. However, to the judge's disappointment, Xie only fulfilled the initial payment and then did not fulfill his repayment obligations as promised. Since then, the court has summoned Xie several times, but he has refused to appear in court and refuse to repay the loan on various grounds such as working in other provinces.
Survey:
Use family identity information to register WeChat, and the account has a large amount of money to pay and pay
On June 28, 2023, Du provided a clue to the enforcement judge that Xie was in Ziyang. Immediately, the enforcement judge rushed to a sand and gravel factory in Yingzhen Town, Ziyang City, to find Xie and summoned him to the Zizhong Court. However, during the execution of the inquiry, Xie still refused to repay the loan on the grounds that he had no money.
Is it really no money, or is it a matter of keeping an account? The enforcement judge checked Xie's mobile WeChat payment records on the spot according to his authority, and to the judge's surprise, he found that Xie's WeChat account had a large amount of money revenue and expenditure, and he paid parking fees in parking lots in Zizhong and Ziyang many times during the summons. The judge also found that Xie had a bank card in his name that was handled at a local commercial bank in another province bound to the WeChat account.
Clearly capable of performing, but refusing to perform the performance obligations determined by the effective judgment! The Zizhong court immediately decided to detain Xie for 15 days and transfer him to a detention center for detention.
At the same time, the court inquired into Xie's bank card outside the province in accordance with the law and found that the card had a large amount of money income and expenditure, and the bank account bound to the WeChat he used still had a deposit of more than 100,000 yuan as of November 2022.
The court also found that during the enforcement of the case, Xie also had a record of frequent consumption in various hotels and restaurants, and since May 2023, Xie has squandered more than 200,000 yuan in online gambling.
After the court initiated enforcement, Xie's bank card, including WeChat account, had obviously been frozen by the court, so how did he complete the large amount of consumer expenditure?
The court investigation found that it turned out that as early as Xie knew that Du filed a civil lawsuit with the court due to a private lending dispute with him, he used his father's identity information to register a new WeChat account for use in the second half of 2020 in order to avoid the people's court's inquiry into his property. Later, he used the account number to bind the bank card of a local commercial bank that was not discovered by the court.
Court:
The defendant's act of concealing or transferring property violates the criminal punishment
The enforcement judge held that Xie's act of falsely reporting his assets and, after the court froze his bank account, using another person's bank account to conduct transactions with his own bank account that the court had not inquired about, concealing or transferring property, was an act of "having the ability to enforce but refusing to carry it out, and the circumstances were serious" as stipulated in Article 313 of the Criminal Law of the People's Republic of China, and was suspected of a crime.
To this end, on July 11, 2023, the court transferred Xie's suspected criminal clues of refusing to implement the judgment and ruling to the public security organ for investigation. During the investigation by the Zizhong County Public Security Bureau, Xie's close relatives repaid Du 301,000 yuan on his behalf and reached an installment agreement on the remaining loan principal and interest.
The court held that Xie had evaded enforcement by concealing or transferring property since the beginning of the civil lawsuit between Xie and Du, and after the enforcement judge fully explained the consequences of refusing to implement the effective judgment or ruling, he still refused to perform, and squandered a huge amount of property for online gambling, and that he had the ability to enforce the debts determined by the effective judgment made by the people's court, but concealed or transferred his property, making the effective judgment unenforceable, and the circumstances were serious, and his behavior constituted the crime of refusing to execute the judgment or ruling.
During the trial, Xie pleaded guilty and accepted punishment and requested that a suspended sentence be applied. The court comprehensively evaluated Xie's subjective malignancy, the circumstances of the crime, and his attitude of admitting guilt and repentance, fully considering that his relatives and friends had fulfilled part of the debts on their behalf, and held that Xie could be given a lighter punishment, but it was not appropriate to pronounce a suspended sentence. Therefore, the court sentenced Xie to six months' imprisonment according to law. After the first-instance verdict was pronounced, Xie did not file an appeal, and at present, the judgment has taken legal effect.
Judge's comments:
Courts: Persist in cracking down on refusal to enforce those who challenge judicial authority and harm the rights and interests of others
Xie's behavior not only seriously harmed the legitimate rights and interests of the applicant for enforcement, but also seriously damaged the credibility of the judiciary, and was even contrary to the values of honesty and friendliness advocated by the core socialist values.
During the trial, in order to educate and guide the defendants to take the initiative to perform the obligations stipulated in the effective legal documents and recognize the harm of refusing to enforce the law, the Zizhong Court also organized more than 20 defendants in other cases to observe all the trial activities of the case on the spot. After the trial, a concentrated interview was conducted with the defendants present, and the defendants said that they were deeply educated, and some of the defendants took the initiative to fulfill their repayment obligations on the spot, which had the effect of educating the trial of a case.
The enforcement judge of the Zizhong Court said that the pronouncement of the judgment in this case demonstrates the firm determination of the Zizhong Court to "effectively solve the difficulty of enforcement", and the court has always adhered to a zero-tolerance attitude towards all illegal acts that challenge judicial authority and harm the rights and interests of others, and anyone who tries to challenge judicial authority and the bottom line of the law will be punished by law.
(Source: People's Court of Zizhong County, Neijiang City, Sichuan Province, Cloud Late Night Express Reporter: Dong Wei)