The women's transfer of 1.75 million yuan was sentenced to two years in prison

Author:Fangshan Political and Law Time:2022.08.01

Women's refusal to execute the effective judgment

Intentional transfer of 1.75 million yuan

recently

Fangshan District People's Court concluded the case

In accordance with the law to refuse to implement the judgment

The defendant Liu was sentenced to two years in prison

Women's father sells house courtyard

The agreed demolition funds are returned to the buyer

Uncle Liu has a house in a village in Changyang Town, Fangshan District. On October 1, 2004, Uncle Liu's daughter Liu sold the house and house involved in the case to Ms. Zhang, and then Ms. Zhang transferred to Ms. Su. Subsequently, the house was demolished.

On December 30, 2017, Uncle Liu's daughter signed the "Agreement" with Ms. Zhang and Ms. Su in the name of Uncle Liu, which agreed that the house was signed by Uncle Liu to sign the demolition compensation and resettlement agreement. ; The demolition compensation of the house involved in the case was 175,1089.2 yuan to Ms. Su. On the day of the compensation, Uncle Liu should be transferred to Ms. Su through the bank transfer method of the village committee and the demolition company. Uncle cannot retain compensation for any reason. The number of square meters is that the house is 40 square meters and the agreement is rewarded by the agreement to Uncle Liu, which has nothing to do with Ms. Su and Ms. Zhang; Ms. Su and Ms. Zhang must not ask for the number of square meters of the house.

1.75 million arrival was transferred

Buyer sued to the court for repayment

On February 12, 2018, Uncle Liu received a compensation for demolition of 175,1089.2 yuan. On February 23 of the same year, he transferred 1751,000 yuan to his daughter Liu's account of Mr. Liu's lover.

Ms. Su sued to the district court and asked Liu and Uncle Liu to pay the demolition compensation for the demolition of 1751089.2 yuan and the corresponding interest.

After the trial, the court believed that Liu signed the act involved in the "Agreement" in the name of Uncle Liu, which constituted an agent. Agreement to pay Ms. Su's corresponding demolition compensation.

On November 26, 2018, the district court made a judgment of (2018) Beijing 0111 Minchu No. 14215. Uncle Liu and Liu paid Ms. Su 1751089.2 yuan and related interest within 7 days after the judgment took effect.

Liu did not accept the judgment and filed an appeal.

Multiple cash withdrawal transfer funds

Women refused to execute the verdict for 2 years

After the verdict came into effect, Ms. Su applied to the district court for compulsory enforcement because Uncle Liu and Liu did not perform the court judgment. During the period, Uncle Liu died, and the executive judge repeatedly talked to Liu to urge him to fulfill his obligations. Liu had always refused to perform.

According to the court, after the judgment of the first instance, Liu, in order to avoid the execution of the verdict, was transferred in batches on December 27, 28, 2018, on April 25, 2019, and on April 25, 2019.

On November 26, 2019, the district court decided to detain Liu's judicial detention for 15 days on the grounds of refusing to perform the people's court's effective judgment, but Liu still did not fulfill the obligation to determine the verdict.

The defendant Liu still shifted the case involved in the case when he knew that the court of first instance had decided his permission. During the case implementation stage, the defendant still did not actively fulfill it, and has been adopted by judicial detention to the case before the case. The defendant refused to plead guilty after arriving, and it was not as possible to deal with the demolition funds, and the circumstances were serious.

In the end, the district court sentenced Liu to two years in prison for refusal to execute the verdict.

In this case, the defendant Liu was sentenced to punishment, but it was unavoidable to repay the repayment of civil judgments. The applicant could provide the court with the clue of property that Liu could execute, and the court would continue to implement it according to law.

Judge Tips

Obligations shall actively fulfill the legal obligations determined by the effective legal documents. Otherwise, the light will be limited to high consumption and included in the list of people who have been dishonesty. The property will be frozen, seized, and auctioned.

With the improvement of the social credit reporting system and laws and regulations, the punishment of dishonesty will be even more severe.

Source 丨 Beijing Fangshan Court

Edit 丨 Li Xinya Liu Yuanzhen

Review 丨 Liu Guocheng Zhao Wenbin

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