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No. 5 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 Hao Furong'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五:郝富荣拒不执行判决、裁定案
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No. 5 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 Hao Furong'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五:郝富荣拒不执行判决、裁定案
-After disposing of property under his name, the person subject to enforcement transferred and concealed such property, and has evaded enforcement for ten years. After the case was placed on file for investigation, the person subject to enforcement fully repaid the fund and was finally sentenced to imprisonment of two years with a two-year suspension of execution —被执行人处置名下财产后予以转移、隐匿,逃避执行近十年,被立案侦查后全部履行到位,最终被判处有期徒刑二年,缓刑二年
(1) Basic Facts (一)基本案情
In December, 2004, the heavy truck (plate number: Gan D13248) owned by Hao Furong and driven by Hao Deqing, a driver employed by Hao Furong, had a traffic accident in the neighborhood of Yingbin Road, Jiayuguan City, Gansu Province, causing amputation of the left lower limb and high paraplegia of the right thigh to a pedestrian Zhang Yin'e. It was identified that the aforesaid injuries to Zhang Yin'e constituted a secondary disability and the driver Hao Deqing was fully liable for the traffic accident. Afterwards, Zhang Yin'e filed a lawsuit with the court and required that the truck owner Hao Furong and the driver Hao Deqing should compensate her for the relevant losses. In January 2006, the Higher People's Court of Gansu Province rendered a final judgment that Hao Furong and Hao Deqing should jointly and severally pay Zhang Yin'e a total of 490,977.43 yuan for her various losses. After the judgment came into force, Zhang Yin'e filed an application for enforcement with the original People's Court of Jiayuguan City. In the process of enforcement, Hao Furong paid 67,000 yuan in April 2006 and then his whereabouts became unknown. 2004年12月,郝富荣雇佣的司机郝德清驾驶郝富荣所有的甘D13248号重刑货车,在甘肃省嘉峪关市迎宾路附近发生交通事故,致行人张引娥左下肢截肢、右下肢大腿高位截瘫,经鉴定为二级伤残,驾驶员郝德清负事故全部责任。其后,张引娥向法院起诉,要求车主郝富荣和驾驶员郝德清赔偿有关损失。2006年1月,甘肃省高级人民法院终审判决郝富荣、郝德清连带赔偿张引娥各项损失共计490977.43元。判决生效后,张引娥向原嘉峪关市人民法院申请强制执行。执行过程中,郝富荣于2006年4月支付6.7万元后即长期下落不明。
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