The Anhui province mounds colour of in relief city civilian Li Mou entrusts lottery inn to bet, medium many yuan of 600 large award, be colluded with by lottery merchant however kin falsely claim as one's own. After the court adjudicates colour civilian wins the lawsuit, falsely claim as one's own person refus is not returned return bonus, also cannot whereaboutldirection of reasonable specification bonus.
Recently, the Anhui province mounds court of intermediate people of in relief city makes final judgment rule, maintain first instance not to carry out blame of court decision, ruling in order to make refus, sentence Pan of the accused person to climb a set term of imprisonment 4 years 6 months, punish golden RMB 50 thousand yuan; Sentence set term of imprisonment of Wang Wenjun of the accused person 4 years, punish golden RMB 40 thousand yuan.
Falsely claim as one's own large award of 6 million lottery
On December 11, 2012, li Mou is entrusted through the phone mound Pan of boss of inn of a lottery involves area of spring of Ying of in relief city the help is bought print 2012146 period double chromosphere lottery. That day 21 when 30 minutes, this period lottery drives prize, the lottery that Li Mou entrusts Pan Pan to buy became medium many yuan of 600 large award. Pan Pan hides the fact of this lottery win a prize in a lottery to Li Mou, join lottery ticket of win a prize in a lottery at its wife elder brother Wang Wenjun, let Wang Wenjun go to center of colour of blessing of the Anhui province to receive award as holder of lottery of win a prize in a lottery.
Of the same age on December 13, wang Wenjun is in what its little brother and Pan climb father to accompany below, got to Hefei deduct the individual income tax, lottery prize after giving love foundation contribute money more than yuan 4.789 million. Came 15 days on December 14, 2012, the kind that Wang Wenjun takes cash draw money is in mound the conceal after many 10 agriculture bank of in relief city takes out this money.
Li Mou sues Wang Wenjun, Pan Pan with entrusting contract dispute brief of a case. Mound court of intermediate people of in relief city adjudicated on March 25, 2014 Pan Pan and Wang Wenjun are returned jointly return bonus of win a prize in a lottery of lottery of case of Li Mou experience more than yuan 4.839 million. Wang Wenjun, Pan Pan refuses to obey, appeal comes the Anhui province is advanced people court, final judgment court decision maintains original judgement.
Be brought into to break his promise to be carried out person list
After adjudicating become effective, wang Wenjun, Pan Pan did not fulfill become effective actively to adjudicate. Xiang Fuyang quadrangle applies for Li Mou to be carried out compulsively.
On October 14, 2014, mound in relief quadrangle is carried out to this record put on record. On January 9, 2015, this courtyard is carried out to Pan Pan detain, because Wang Wenjun misses, of the same age moved on January 26 send public security mechanism to be checked to its assistance accuse. On March 17, 2015, mound in relief quadrangle brings into 2 people break his promise to be carried out person list.
On April 8, 2015, mound in relief quadrangle hides lottery money with Wang Wenjun and Pan Pan, move, refus does not implement forensic court decision, already was suspected of crime for, move this case send public security mechanism to investigate. After put on record of public security mechanism is investigated, pan Pan, Wang Wenjun arrives in succession public security mechanism is active a criminal give himself up to the police.
In May 2017, mound procuratorate of people of division of state of Ying of in relief city makes refus do not carry out blame of court decision, ruling with Wang Wenjun, Pan Pan to sue of court of people of division of Xiang Ying state. Ying state court made public open a court session to hear this case.
Refus is not carried out enter punishment eventually
The court is found out, after Wang Wenjun professes to get money of lottery of big win a prize in a lottery with means of cash draw money, the part is donated, the part runs deficit, main debt gambles in Shanghai play away, still lend gives gamble staff, debt of fraction the rest is eaten and drink prodigal flower is dropped. But Wang Wenjun cannot point to know gamble place, cannot contact gamble personnel, cannot find receipt for a loan, cannot find its to lease room living site in Shanghai, rent a contract without the building, deal does not have agreement of the relevant bar that rent.
Forensic cognizance thinks, accuse to although do not have direct evidence to prove Wang Wenjun,just hide, move belongings, but go up from the allocation that proves responsibility and character, accuse to just prove Wang Wenjun gets lottery money, fulfilled quote responsibility, and Wang Wenjun cannot make reasonable specification to the whereaboutldirection of bonus of this a huge sum, take the kind of inactive nonfeasance, inform ignore to forensic execution. No matter whether it is receive a court to report belongings makes and carry out advice note, its know perfectly well oneself to already lost a lawsuit, the agree carries reimbursement obligation, refus does not cooperate to carry out, be adopted in its after coercive measures, still did not offer the whereaboutldirection that narrates money of lottery of win a prize in a lottery according to the facts, have reject to report or report phonily belongings case, should be capable to carry out and refus is not carried out.
The court decision that Wang Wenjun, Pan involves pair of people courts, ruling is capable to carry out and refus is not carried out, cause loss of belongings of other a huge sum, social influence is abominable, belong to a clue particularly serious, the behavior of 2 people already all formed refus not to carry out blame of court decision, ruling. Pan Pan ever was sentenced because of committing intended harm crime set term of imprisonment, carry out in penalty after ending refus makes do not carry out blame of court decision, ruling again inside 5 years, department jailbird, answer lawfully from heavy punishment. After first instance adjudicates, person of two the accused refuses to obey, put forward to appeal. Mound ruling of final judgment of in relief quadrangle, reject appeal, maintain original judgement.
