Joke Collection Website - Blessing messages - A man in Chongqing won 5 million yuan in the lottery, but was fined 654.38 million yuan and detained. Why?
A man in Chongqing won 5 million yuan in the lottery, but was fined 654.38 million yuan and detained. Why?
20 16, Mr. Liu, who lives in a street in Kaizhou District, Chongqing, lent his friends Tan and Zhu a total of RMB 65,438+10,000, and agreed to return it three months later. However, after the loan expired, Tan and Zhu started a "Tai Chi" with Mr. Liu, that is, they did not pay back the money. To this end, Mr. Liu sued the two to the Kaizhou District Court. After trial, the court ruled that Tan and Zhu jointly repaid Mr. Liu's debt of 95,000 yuan.
After the judgment came into effect, Tan and Zhu failed to fulfill their repayment obligations and still breached the contract. After several months of stalemate, Mr. Liu couldn't help it any longer. On March 20 17, he applied to the court for enforcement. After receiving the relevant legal documents from the court, he disappeared mysteriously. In response to this situation, the court inquired about the property of the two people according to law and found that they had neither real estate nor deposits, and the implementation work was in trouble.
But since it has been registered in the court, even if it escapes to the ends of the earth, it is always heavily in debt. After successively implementing measures such as "height restriction order" on the two men, Tan couldn't help but return to Kaizhou District in February 20 19 to pay his debts of 30,000 yuan, and then disappeared. And Zhu is also a flash in the pan, and there is still no property available for execution.
However, the problem of Mr. Liu's debt execution has been lingering in the minds of judges in Kaizhou District. In order to safeguard the legal dignity and legitimate interests of the applicant, the court monitored the whereabouts and property of Tan and Zhu according to law. Finally, on October 25th, 2002 1,1year1,Tan, who secretly returned to Kaizhou, was stopped again and summoned to the court according to law, demanding him to fulfill his judgment obligations.
But unfortunately, Tan, who could have something to say, took another attitude to deal with this matter. Under the persuasion and education of the judge, Tan remained unmoved and answered a series of questions raised by the judge. In short, he was wide awake and unable to repay the debt. The implication depends on what your court will do.
In the face of Tan's indifference, and Tan's absence for several years, he was unable to inquire about his specific property status, so the law enforcement officer decided to adopt a "slow plan" to let Tan negotiate with the creditor Mr. Liu first, and claimed that if Mr. Liu agreed to settle, Tan could be released according to law. However, a dramatic scene happened afterwards, and the "slow plan" of the responsible judge worked.
In the process of talking with Mr. Liu, Tan felt elated. In short, he is skeptical about Mr. Liu's application for enforcement. The general idea is that if Mr. Liu sues himself, he still can't get the money, and there is nothing the law can do. Mr. Liu, who believes in the law, is silent in the face of Tan's provocation, just quietly looking at Tan and sneering.
It is really a person's quality that determines a person's success or failure pattern. Seeing that Mr. Liu said nothing, Tan became even more arrogant. He told Mr. Liu a shocking secret and took out his mobile phone to show off to Mr. Liu. It turned out that there was a short message from the lottery center in Tan's mobile phone, which showed that Tan had won more than 5 million yuan in the lottery prize in China before.
Tan showed it to Mr. Liu, while dismissively saying, I am so awesome that I won't give you money now. What can you do with me? This information can make Mr. Liu unable to calm down any longer, and immediately call the law enforcement officers for verification. After hearing the news, Tan tried to secretly delete the text messages in her mobile phone, but was stopped by the agile executive.
Afterwards, law enforcement officers strictly ordered Tan to hand over his mobile phone, and solemnly told Tan that if he did not cooperate, judicial custody would be implemented. If the circumstances are serious, they will be handed over to the public security organs for investigation, and those who violate the criminal law will be investigated and sentenced according to law. Under the deterrent of the law, Tan reluctantly handed over his mobile phone, and the case handlers found a large transfer record in his mobile phone.
This discovery instantly reversed the execution of the case. Upon inquiry, Tan has been wandering around Beijing during his debt avoidance. In 20 19, Tan won the first prize in the two-color ball of welfare lottery, and received a bonus of 5,367,990 yuan in Beijing Welfare Lottery Center on April 12 of the same year. However, in order to avoid execution, after receiving the bonus, Tan quickly transferred the money to the accounts of his ex-wife and daughter.
This is an obvious evasion of law enforcement! Tan thinks he is clever, but he doesn't know that he has made a big mistake. If there is really no money to fulfill the judgment obligation, that is another matter. However, after receiving the huge bonus, Tan still turned a blind eye to the debt and took extremely despicable means to transfer the property. This practice is really immoral and difficult to write.
In response to Tan's wrong behavior, the Kaizhou District Court immediately took compulsory measures against Tan, with an absolute fine of 65,438+10,000 yuan and detention 15 days. Originally, I thought that Tan would take the initiative to fulfill his obligation to repay Mr. Liu's loan after this implementation. Unexpectedly, Tan wanted to go all the way to the dark, that is, he didn't pay back Mr. Liu's money and insisted on not paying it back. What could he do? It's a big deal to sit 15 days in prison.
In the face of Tan's ignorance and bigotry, the Kaizhou District Court held that Tan's behavior had been suspected of refusing to execute the judgment or ruling. According to the relevant procedures, after the expiration of the judicial custody of Tan 15, the court transferred him to the Kaizhou District Public Security Bureau for investigation. But even so, the court wanted to give Tan a chance, but it backfired. Anyway, Tan is "a dead mouse can't touch the cold".
According to the news of Kaizhou District Court 2021February 9, Kaizhou police recently launched an investigation and interrogation of Tan. Faced with the overwhelming offensive of the police, Tan finally realized the seriousness of the matter, took the initiative to demand repayment of Mr. Liu's loan principal and interest of 200,000 yuan, and also paid a fine of 65,438+10,000 yuan. I really cried when I saw the coffin, and I haven't reached the sad place yet.
It is natural to pay back debts, but it is unrealistic to escape anyway. As a matter of fact, Tan was very wrong at the first step in dealing with this matter. If there was any objection to Mr. Liu's loan principal and interest at that time, he should give evidence to appeal, but Tan did not give evidence. Neither appeal nor performance of judgment obligations, even if unable to repay, should also explain the situation to the court, performance can be phased or postponed.
But Tan mistakenly thought that he wouldn't pay me back anyway, to see what he could do to me. This attitude is not only not conducive to solving the problem, but also a serious illegal act. The initial stage of refusing to implement it is all kinds of "height limits" and blacklists. If it still fails to perform, compulsory measures will be taken, such as judicial detention and sale of property. At this time, the situation is more serious, so it is better to accept it calmly.
Tan's blatant resistance to execution is against the provisions of the criminal law. If you are stubborn, you will be prosecuted and sentenced to fixed-term imprisonment. The punishment for refusing to execute the judgment is quite heavy. Under normal circumstances, they will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and if the circumstances are serious, they will be sentenced to fixed-term imprisonment of not more than seven years. Relatively speaking, it is still a felony and must not be taken lightly. Once the criminal responsibility is added, it is really too late to regret it.
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