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No. 7 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 Xu Yunfeng'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七:徐云峰拒不执行判决、裁定案
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No. 7 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 Xu Yunfeng'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七:徐云峰拒不执行判决、裁定案
-On the ground of handling formalities for annual examination of the seized vehicle, the person subject to enforcement borrowed such vehicle and refused to return it, causing failure to satisfy the judgment of the case. After his apprehension, the person subject to enforcement performed all obligations and was sentenced to imprisonment of ten months with an one-year suspension of execution —被执行人以办年审手续为由,将扣押车辆借出后拒不交还,致使案件无法执行,被抓获后履行了全部义务,被判处有期徒刑十个月,缓刑一年
(1) Basic Facts (一)基本案情
On February 21, 2011, the People's Court of Xinyi City, Jiangsu Province rendered a civil judgment for a case regarding disputes over private lending between plaintiff Liu Guotai and defendant Xu Yunfeng and ordered Xu Yunfeng to pay Liu Guotai the loan of 200,000 yuan and the interest thereof. After the judgment came into force, Xu Yunfeng failed to perform his obligation within the prescribed time limit. On July 3, 2013, Liu Guotai filed an application for enforcement with the People's Court of Xinyi City. In the process of enforcement, the People's Court of Xinyi City legally inquired such property status of the person subject to enforcement as his bank accounts, houses, land, industrial and commercial registration, and vehicle registration and found that there was a Changhe vehicle (plate number: Su CWH856) under his name. Therefore, upon request of the enforcement applicant, it rendered a ruling on sealing up the vehicle and in April 2014, it legally seized the vehicle on Gaoliu Street, Gaoliu Township, Xinyi City. In June 2014, on the ground that the seized Changhe vehicle was to have an annual examination, Xu Yunfeng applied for driving the vehicle out of the court to undergo formalities for annual examination. He also issued a written guarantee that he would waste no time in returning it to the court after completion of the annual examination. Considering that separation from annual examination would decrease the value of the vehicle, the People's Court of Xinyi City thus agreed to deliver the vehicle to Xu Yunfeng for handling the annual examination thereof. Xu Yunfeng concealed the vehicle after he drove it out of the court. Upon repeated demands of the vehicle, he still refused to return it, causing failure to satisfy the judgment of the case. In October 2014, the People's Court of Xinyi City transferred the relevant clues to the public security authority for investigation on the ground that Xu Yunfeng was suspected of being guilty of refusing to satisfy a judgment or ruling. 2011年2月21日,江苏省新沂市人民法院对原告刘国太与被告徐云峰民间借贷纠纷一案作出民事判决,判令徐云峰偿还刘国太借款20万元及利息。判决生效后,徐云峰未如期履行义务。2013年7月3日,刘国太向新沂市人民法院申请强制执行。执行中,新沂市人民法院依法查询了被执行人徐云峰的银行账户、房屋、土地、工商及车辆登记等财产信息,发现其名下有苏CWH856号昌河车一辆,遂应申请人请求对该车辆作出了查封裁定,并于2014年4月在新沂市高流镇高流街将该车依法扣押。2014年6月,徐云峰以被扣押的昌河车即将进行年审为由,申请将该车开出办理年审手续,并出具书面保证,保证年审之后将车辆及时送回法院。新沂市人民法院考虑该车如脱审会降低价值,遂同意将车交给徐云峰办理年审。徐云峰将车辆开走后将车隐匿,经法院多次催要,拒不交还,导致该案无法执行。2014年10月,新沂市人民法院以被执行人徐云峰涉嫌构成拒不执行判决、裁定罪,将有关线索移送公安机关立案侦查。
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