Carry out to avoid a court, the near future, ning Haiyi of peaceful wave city is saved in Zhejiang " Laolai " entrust little sister generation to get 880 thousand tear open change fund and deal with this money do sth without authorization use at remanding individual liabilities. A few days ago, court of people of peaceful sea county made public open a court session to try this to remove refus not to carry out a criminal case of court decision, ruling, liang Mou is sentenced lawfully set term of imprisonment a year 6 months.
Case reviewing:Liang Mou, ning Hairen, this year 40 years old, ever ran store of a ceramic tile in place, during manage, because business failure Liang Mou defaulted a large sum of payment for goods and loan, hind because of insolvent debt, liang Mou is sued to come early or late by many creditor such as Li Mou Ninghai court, experience record amount is as high as more than yuan 110. During cognizance, liang Mou from beginning to end have not should appeal to, the court adjudicates via be being tried lawfully Liang Mou remands early or late afore-mentioned loan and payment for goods. Some still did not fulfill the later Liang dynasty, the person such as Li Mou applies for to be carried out compulsively to peaceful sea court lawfully.
After the case enters executive phase, executive personnel sent executive advice note, worth to its lawfully the report makes wait for legal copy clerk and many whereabouts that searchs Liang Mou is not had if really, meanwhile, belongings is checked accuse a system to also feedback of short duration of under one's name does not have Liang Mou can offer the property that carry out. For this, executive personnel is forced to bring into Liang Mou break his promise to be carried out person list restricts high spending. During this, because refus does not declare belongings to reach,have fulfill can and refus nonperformance, the court detains chasten measure of 15 days at taking administration of justice twice to Liang Mou early or late 2014, but its from beginning to end refus not reimbursement, play with executive personnel rose " hide feline cat " .
Obtain a building to tear open change fund, entrust a little sister to get and do sth without authorization deals with2015, the old house front that executive personnel is informed Liang Mou's father is faced tear open change, according to the regulation, liang Mou serves as domestic door member to be able to share from which more than yuan 88 find a place for cost, understand a situation to concerned branch instantly, but be informed this to find a place for cost is gotten already however. Original, liang Mou is in those who be informed his to be able to receive one share to find a place for initial ever came home secretly after cost from family the agreement that tear open change, carry out to avoid a court, privately entrusted little sister generation to get this to find a place for cost.
In view of Liang Mou capable to fulfill however the obligation with affirmatory copy clerk of law of refus nonperformance become effective, cause the creditor's rights benefit that applies executive person to cannot get ensuring, its behavior is suspected of refus carrying out blame of court decision, ruling, the executive case pool that will involve Liang Mou for the member that this executes a person becomes a table, the evidence that obtains with investigation moves along with all the others send public security put on record to investigate.
Adjudicate a set term of imprisonment one year finally 6 months
In March 2019, peaceful sea court thinks via trying lawfully: Liang Mou is capable to the court decision of people court to carry out and refus is not carried out, the clue is serious, its behavior already formed refus not to carry out blame of court decision, ruling. In the meantime, can commit a crime for narrating according to the facts in view of its fact, OK and light punishment, reason sentences a set term of imprisonment one year 6 months.
Judge: Should preferential repay the liability that the court adjudicates or mediation fixes
Judge view: The become effective judgment of people court is of national volition reflect, have national force, party must be fulfilled. In this case, liang Mou deals with in the do sth without authorization after adjudicating become effective belongings is used at remanding the individual is other debt, bring about become effective judgment to cannot be carried out, belong to capable to carry out and the circumstance that refus does not carry out, damaged the authority of judicatory judgment not only, more destroyed juridical document sentence force already. Accordingly, the judge reminds, enter when the case after carrying out level compulsively, person be executived should declare belongings in time according to the facts to the court and belongings should preferential repay the liability that the court adjudicates or mediation fixes, will investigate legal duty lawfully otherwise.
To this, how do you look?