Not attend to one's proper works or duties buys lottery ticket
The buy or sell on credit that do not have money 40 thousand yuan
This year on August 10, open a court session of court of people of green ridge county heard criminal case one case, the accused person calls Yu Zhichao. Executive case of he or a civilian leasehold dispute breaks his promise mediumly to be carried out person. Before this front courtyard careful ends, the measurement of penalty that public prosecution mechanism gives out suggests, let Yu Zhichao expect beyond.
Public prosecutor of procuratorate of people of green ridge county is narrated on put together, public prosecution mechanism suggests to sentence the accused person two years the following set term of imprisonment.Be carried out be civilian leasehold dispute originally person, how to meet the punishment that is about to face criminal lawcorporal punishment, where is possible still even serve a sentence? Heard proposal of such measurement of penalty, yu Zhichao is a little accident, after passing accidentally he special regret. A series of experience that say result annals exceeds, still get an interest from him -- buy lottery to speak of.
Green ridge county bang of operator of some lottery station billows we are seller, he is a client, slowly also Lao crack with teeth in mouth talks. Knew.Yu Zhichao often goes the lottery station that bang billows runs buys lottery ticket, time grew, two people are riper and riper, the amount that Yu Zhichao buys lottery ticket in lottery station is increasing also.
Green ridge county bang of operator of some lottery station billows after the overpraise in him, occasionally much, occasionally a month have to of 30 thousand, do not have money like cultivate land moment, occasionally a day 10 of 20 in that way.Of Yu Zhichao advocate course of study is to grow corn, although corn is cultivated pretty good still, but this part income cannot prop up the his so large expenses that buy variety apparently. One day of 2015, yu Zhichao continues to buy lottery ticket without spare cash, to bang billows put forward a request, hope tick lottery. At first a few, yu Zhichao returns money very quickly went up. Spent period of time, bang billows discovers, yu Zhichao begins not to return money.
Lottery hits more more, the cash that exceeds tick lottery to owe at annals is increasing also. Bang billows calculated, in the time that is less than half an year, yu Zhichao altogether stands in lottery tick 40 thousand yuan lottery. He finds Yu Zhichao to want money for many times during this, but Yu Zhichao all the time evade. Spent period of time again, bang billows submitted petition to the court, the requirement exceeds 2 people of husband and wife to return money at annals. Very fast, open a court session of court of people of green ridge county heard a case, the court decision exceeds 2 people of husband and wife to return money inside 10 days at annals.
After the court has adjudicated, yu Zhichao still did not return the meaning of money. But this moment bang billows be certain Yu Zhichao can return money all the time, he is so self-confident, before because be being sued,exceeding at annals namely, one when the judge gives bang billows reminds. This reminds also become in the future the crucial factor that bang billows wants to return this money.
bang billows goes when the court is sued, before forensic judge reminds bang billows to be able to appeal to, conserve.
Green ridge county bang of operator of some lottery station billows he says their home, you sue him, have reimbursement capacity, have the thing with executable what, I say their home besides house, ground, still luxuriant a little when the courtyard namely rice. They say bud rice changes now fast, conserved bud rice.Very speedy court of justice made conserve ruling, closed down a few corn of Home Yu Zhichao. Such if adjudicate become effective hind, yu Zhichao still does not return money, executive judge can change to return money now with these corn.
After adjudicating become effective, yu Zhichao still did not return money. Bang billows applies for to carry out to the court. Executive judge arrives twice to exceed a service at annals, yu Zhichao is not in the home. Serve as the wife of the Yu Zhichao of person be executived likewise, behave very all the time do not deserve to close, when the member that executing a person comes to the service in Home Yu Zhichao, yu Zhichao's wife understands a word suddenly not.
Executive personnel according to the regulation to make known to lower levels of person be executived executive advice note and property report make, but no matter be Yu Zhichao or his wife, did not report belongings according to the requirement. On March 12, executive personnel can take bang billows to be in only second come to Home Yu Zhichao. Yu Zhichao puts forward to want minute years to pay off this money, bang billows does not agree, after judge scene mediates failure, enquired the circumstance that exceeds corn sale at annals again. Executive judge tells Yu Zhichao, if cannot return money immediately, be about to sell corn to return money immediately. Placed deadline to Yu Zhichao.
Order sb to do sth within a certain time of judge this academy you sell off corn before March 27, if exceed the time limit does not sell, this academy will undertake compulsively handling to corn, sell off, sell off value of money paid for something purchased or received for something sold 40 thousand yuan part, consign applicant.The corn that the court closes down
Was sold by him actually
The court exceeds to annals gave out order sb to do sth within a certain time, the hope that bang billows wants to return money is bigger and bigger. But at that time Yu Zhichao puts forward however, these corn that the court closes down have one little part is him only. Is this how to return a responsibility?
Yu Zhichao says great majority of these 100 thousand jins of corn is a few his brother and 4 sons. After all corn are sold off, only more than 10000 money belong to Yu Zhichao's husband and wife. Judge one by one enquired what exceed these corn at annals is attributive, register made note. It is OK to if disagree,tell Yu Zhichao again go the court offers application.
Yu Zhichao is inside deadline and did not offer written application. After bang billows leaves from Home Yu Zhichao, every other has a look a few days with respect to the courtyard that goes to Home Yu Zhichao, see corn whether be sold. This year on March 24 that day, bang billows discovers corn disappeared. He is found rapidly handle a case judge, feel OK recapture that money. But carry out a judge to say however, do not know Yu Zhichao sells off the thing of corn! The policemens that carry out this case did not receive Yu Zhichao to want to sell off the announcement of corn, when judges drive Yu Zhichao to the home, the corn in his home courtyard really all was done not have. Yu Zhichao also is not in the home.
Court of people of green ridge county carries out bureau clerk Zhao Hongliang to ask him the wife, when to say that bud rice sells? His wife says, I do not know, who to sell, I also do not know. How many fund to sell? His wife says, I also do not know. We ask about a few a few people that stop grain in the village later. He is to be at the beginning of March about when, these bud rice, rice of those 100 thousand jins of bud, sold entirely, sell entirely, next he himself puts money moved round, also did not join a court, also did not hit us to carry out bureau account above.Exceed what disregard a judge unexpectedly to be warned repeatedly at annals, privately sells corn! His wife also does not know his whereaboutldirection, executive judge decision exceeds to annals adopt coercive measures, begin look about he.
Court of people of green ridge county carries out bureau clerk Zhao Hongliang to be finally in station of a lottery, found him. He is playing lottery at that time, next he still says solemnly, wait for me to play lottery, after lottery win a prize in a lottery, money returns an applicant.After annals exceeds the court that be brought back, executive judge makes judicatory detain the 15 decisions of the day to him; After this judicatory is detained, yu Zhichao does not report because of refus again belongings, be detained 15 days by the court again. After detaining an end twice continuously, yu Zhichao's law case, also from average civilian leasehold issue, rose to be suspected of crime.
Hou Zhongling of judge of executive bureau of court of people of green ridge county is in duration of detention, do thought work again, instruct his pay, to forensic pay 40 thousand yuan sell off corn money, still refuse pay, according to criminal law, be suspected of selling off a court to close down with him article fault, move send public security to investigate.Yu Zhichao sold a court the corn that close down, think executive personnel continued to carry out without method. Executive personnel finds Yu Zhichao for many times, supervise and urge he fulfills a court decision, but Yu Zhichao should not return a responsibility all the time. Successive two judicatory is detained, still did not let him realize the seriousness of the problem. Carry out personnel to judge at this moment, yu Zhichao may have been suspected of offending criminal law.
Civilian leasehold dispute, do not need to assume penalty, but Yu Zhichao sells off a court to conserve the article that close down, had been experience suspect blame. Public security mechanism is very fast collect guilty evidence of Yu Zhichao. This year on August 10, open a court session of court of people of green ridge county tried this to have a case.
The attestation of the wife
Let him become be rendered speechless
This academy of indictment of public prosecutor read out thinks, the accused person is sold off already by the belongings of judiciary distrain, the clue is serious, its behavior already offended " criminal law of People's Republic of China " the 314th, guilty fact is clear, evidence is really sufficient, should with dealing with illegally sequestered belongings blame, investigate its criminal duty, according to " procedural law of criminal of People's Republic of China " the 172nd regulation, to sue, sentence lawfully please.After indictment of public prosecutor read out, yu Zhichao raises the question of these corn everybody again.
Judge the guilty fact that you accuse to the indictment, have objection with accusation? Yu Zhichao disagrees, do not have what demur, this bud rice is not me really, have me one part.On the court, magistrate another report asked Yu Zhichao. Yu Zhichao admitted to sell off corn, but to detail for narrating punch-drunk however. Original, yu Zhichao looks for a person to threshing corn, looked for handlebar corn to send in the village again " Wei Er receives grain to nod " . Receive grain to nod at that time and did not give Fu Liang the money immediately, however acceptance gives again for some time too. Yu Zhichao says, his wife did not help also did not prevent him to sell corn, his daughter-in-law does not know the thing that corn is closed down, the issue that sells corn exceeds one person plan at annals.
Corn money is carried out by the court, this is the legal responsibility that Yu Zhichao should assume, assumed such responsibility, also won't get the degree of breaking up one's family. It is now, yu Zhichao sold off the belongings that the court closes down, be suspected of offending law while, still need to repay this money. Although carrying out level, yu Zhichao does not have demur, in spot of front courtyard careful, he however again demur. Yu Zhichao firm say, these corn not all is their husband and wife of 2 people, there also are more than 10000 moneys only after the corn of their husband and wife was bought. Yu Zhichao thinks, although sold off these corn, also repay not quite the debt that owes bang billows, so the court ought not to close down this batch of corn. On the court, public prosecutor took out testimony of a witness, refuted directly Yu Zhichao's viewpoint. Make the person of this paragraph of attestation, be Yu Zhichao's wife!
Exceed the attestation of the wife at annals, in confirming Wei Er owes money of Yu Zhichao selling food directly, yu Zhichao's couple can control have more than 50 thousand yuan of money at least, and this money is enough still give application executive person bang billows.
This year on October 15, court of people of green ridge county was made to the case adjudge!
The judge adjudicates as follows: The accused person exceeds at annals, make refus do not carry out blame of court decision, ruling, sentence a set term of imprisonment one year, probation 2 years.No matter be civilian leasehold dispute, final still criminal tries open a court session, the core of this thing is those corn of forensic distrain. Before civil suit, one be a judge reminds, just let bang billows be had all the time in executive phase active, what carry out successfully also is crucial. Before this reminds even if appealing to, conserve.
Before no matter be to appeal to,deputy director general of executive bureau of court of people of green ridge county builds Xiao Yu, conserve, or lawsuit conserves, it is after adjudicating become effective to assure, the means of a kind of protection that can carry out smoothly, with safeguard.If accuser does not have application belongings to conserve, before entering executive phase, the accused person deals with anyhow move belongings need not bear legal consequence. So the case arrived to carry out level, become a person probably to search hard, the aspect that belongings examines hard.
If Gai Xiaoyu of deputy director general of executive bureau of court of people of green ridge county says to be in before appealing to or among lawsuit, can master person be executived, belongings state, to executive bureau when, arrive among executive case program, very can successful hold bear case.
This case is case of everyday civilian leasehold dispute originally, do not know law of not law, abide by the law, irreverent Wei because of Yu Zhichao of person be executived just about, just caused final likelihood to face the consequence that criminal punishs. Law is august and inviolable, any trying that span the person of legal red line, can be punished duely. From a such cases, we also can see, people court solves the determination with be carried out difficult. Those also admonish to think method transfers asset and refus does not return the Laolai of money in the meantime, do not think on booth is civil lawsuit only, once spanned legal red line, that is suspected of crime namely.
