May 31, 2010
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No. 3 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 Guo Jinxin's Refusal to Satisfy a Judgment or Ruling
最高人民法院发布人民法院依法惩处拒执罪典型案例之三:郭金欣拒不执行判决、裁定案
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No. 3 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 Guo Jinxin's Refusal to Satisfy a Judgment or Ruling 最高人民法院发布人民法院依法惩处拒执罪典型案例之三:郭金欣拒不执行判决、裁定案
-The person subject to enforcement refused to perform the statutory obligation of repaying 210,000 yuan while he had an income of over 2 million yuan. After the procedure for investigating criminal liabilities began, the person subject to enforcement fully performed the obligation and was sentenced to imprisonment of nine months —被执行人有200余万元的收入,却拒不履行21万元的法定义务,进入刑事追责程序后全部履行到位,被判处有期徒刑九个月
(1) Basic Facts (一)基本案情
On May 15, 2012, the People's Court of Ningling County, Henan Province rendered a civil judgment for a case regarding disputes over a loan contract between Liu Hongli and Guo Jinxin and ordered Guo Jinxin to repay Liu Hongli 210,000 yuan and the interest thereof. After the judgment came into force, Guo Jinxin failed to perform the obligation and Liu Hongli filed an application for enforcement with the People's Court of Ningling County. Upon receipt of the enforcement application, the People's Court of Ningling County served the notice on enforcement and the order on property report upon Guo Jinxin according to the law; however, within the time limit as prescribed by the People's Court of Ningling County, Guo Jinxin did not perform the obligation, nor did he report his property status. 2012年5月15日,河南省宁陵县人民法院对刘红利诉郭金欣借款合同纠纷一案作出民事判决,判令郭金欣归还刘红利21万元及利息。判决生效后,郭金欣未履行义务,刘红利向宁陵县人民法院申请强制执行。宁陵县人民法院受理执行申请后,依法向郭金欣送达了执行通知书及财产报告令,但在法院指定的期限内,郭金欣拒不履行义务,也未报告财产状况。
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