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No. 8 of Ten Model Cases regarding Punishing Crimes of Refusing to Satisfy Judgment or Ruling according to the Law by People's Courts Published by the Supreme People's Court: Case regarding Huang Sheng's Illegal Disposal of Sealed-up Property

最高人民法院发布10起人民法院依法惩处拒执罪典型案例之八:***非法处置查封财产案

  • No. 8 of Ten Model Cases regarding Punishing Crimes of Refusing to Satisfy Judgment or Ruling according to the Law by People's Courts Published by the Supreme People's Court: Case regarding Huang Sheng's Illegal Disposal of Sealed-up Property
  • 最高人民法院发布10起人民法院依法惩处拒执罪典型案例之八:***非法处置查封财产案
  • -The person subject to enforcement resold the seized property without approval, causing failure to satisfy the judgment. Under the procedure for investigating criminal liability, the person subject to enforcement still refused to satisfy the judgment and was sentenced to imprisonment of one year and six months
  • —被执行人擅自转卖已查封的财产,导致判决无法执行,进入刑事追责程序后仍拒不履行,被判处有期徒刑一年六个月
  • (1) Basic Facts
  • (一)基本案情
  • In December 2012, the People's Court of Shicheng County, Jiangxi Province rendered a civil judgment for a case regarding disputes over a loan contract between Xiong Shibin and Huang Sheng and ordered defendant Huang Sheng to repay plaintiff Xiong Shibin the loan of 300,000 yuan and the interest thereof. After the judgment came into force, Huang Sheng failed to satisfy it within the prescribed time limit and Xiong Shibin filed an application for enforcement with the People's Court of Shicheng County. After the case entered the procedure of enforcement, the enforcement court served the notice on enforcement upon Huang Sheng according to the law and inquired his property status; however, it was found that there was no property available for enforcement.
  • 2012年12月,江西省石城县人民法院对熊世滨与***借款纠纷一案作出民事判决,判令被告***归还原告熊世滨欠款30万元及利息。判决生效后,***未如期履行,熊世滨向石城县人民法院申请强制执行。案件进入执行程序后,执行法院依法向***送达了执行通知书,并查询了其财产情况,但未查到可供执行财产。
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