This is the end of the investigation of Liao Wenchang's refusal to execute.

Based on the current evidence, it can only be determined that Liao Wenchang sold the duplex house in Qijiang City at a price of 3.1 million yuan during the execution stage, and earned a price difference of 2 million yuan, but the whereabouts of the 3.1 million yuan have been unknown.

Liao Wenchang also admitted to the transfer of real estate, but he said that in addition to being the guarantor of Yongchang's loan, he had other debts, and the 3.1 million yuan was used to repay other debts, but as for whose debts he repaid, he has always refused to explain.

The public security organs also investigated Liao Wenchang's wife, Xin Lili, and Xin Lili was exactly the same as he said.

Seeing that the case could not go on, the Public Security Bureau had no choice but to transfer the case to the procuratorate for review and prosecution.

If nothing else, Liao's case will be the first criminal case of refusal to enforce the law heard by a Dongzhou court.

Before the procuratorate initiated the public prosecution, Qin Huaiyuan privately told Chen Molei that the Liao Wenchang case was definitely a difficult and complex case, which had a great impact in Dongzhou and even the entire Bohai City, so he planned to be the presiding judge of the case to better play the role of the court president in handling the case. In addition, he also planned to communicate with Huo Bingxin, the chief prosecutor of the procuratorate, and suggested that Huo Bingxin appear in court as the prosecutor, and the two chiefs of the judicial procuratorate would handle the case in the same court.

Chen Molei advised him to dispel this idea as soon as possible, saying that the available evidence can only prove that Liao Wenchang has partial ability to perform, and that Liao Wenchang was able to hide peacefully outside for more than two years, and he is definitely not an ordinary person, which makes it difficult to guarantee that there will be no variables in the future trial. If you were to preside over this case, you might be shooting yourself in the foot.

Qin Huaiyuan listened, but smiled noncommittally.

In accordance with the principle of expeditiousness established in the "Implementation Opinions on Handling Criminal Cases of Refusal to Enforce Judgments or Rulings", the procuratorate immediately initiated a public prosecution with the court after review.

After the court accepted the case, it set the trial time for 9 a.m. on November 24.

Sure enough, Qin Huaiyuan's words were not casually said, Liao Wenchang's case was finally assigned to his name, and Huo Bingxin also served as the prosecutor in this case.

However, after all, it was the first case of refusal to execute in the Dongzhou Court, and Qin Huaiyuan did not dare to take it lightly even if he had rich experience in the trial, he carefully reviewed the file, imagined the possible situations in the trial, and listed the outline of the trial.

In total, he has not listed a trial outline for 20 years, and the reason why he has listed a trial outline this time is because the case is already complicated, and second, he also wants to take this opportunity to give a public trial class to young judges and judges' assistants.

At 8:3 a.m. on November 24, people continued to come in the first trial chamber of the Dongzhou Court, and in another quarter of an hour, Liao Wenchang's refusal to execute case will be tried here.

Trial Court No. 1 is the largest courtroom in the Eastern State Court, with a capacity of 150 observers.

When Chen Molei arrived, the auditorium was almost full, including young judges and judges' assistants, representatives of creditor companies, former employees of Yongchang Company, and some people who didn't know who they were, and of course, people from the Executive Board.

Shangguan Yun had already taken a place for Chen Molei in the first row in advance, and when he saw Chen Molei coming in, he beckoned to Chen Molei.

Chen Molei walked straight over and sat down.

In order to catch Liao Wenchang, the enforcement officers suffered a lot of crimes, especially the incident of being driven out of the store by Liao Wenchang with a knife, Chen Molei has always remembered it vividly, so he deliberately took time out to come over to observe, he wanted to hear what Liao Wenchang would say in court, and also see what happened to this big boss in the past.

Under the solemn national emblem is a solemn judgment seat.

On the right hand side of the courtroom is the public prosecution seat, on which are the chief prosecutor Huo Bingxin and the chief of the public prosecution section, Lin Gang.

Huo Bingxin and Lin Gang looked like old prosecutors, and they both exuded a calm and steady energy.

On the left hand side of the courtroom is the defense bench, on which sits a well-mannered young lawyer.

This lawyer's name is Luo Xiaochuan, and it is said that Liao Wenchang's wife, Xin Lili, specially invited from Shanghai, and no one knows how much it spent.

Chen Molei glanced back and roughly glanced around, and in the auditorium, the young judges and judges' assistants were sitting quietly, and the representatives of the nine creditor companies were gathering together very tacitly, whispering something.

"All stand and invite the presiding judge and judges to take their seats." At 9 o'clock, the clerk shouted, and everyone stood up.

Then, Qin Huaiyuan calmly walked into the courtroom in a legal robe, followed by Xu Tiancheng, the president of the criminal court, and Dai Jie, the judge of the criminal court.

After the three of them were seated, the clerk shouted and sat down.

Qin Huaiyuan rang the gavel and said in a loud voice: "The case of Liao Wenchang's alleged refusal to execute the judgment is now in court. Brought defendant Liao Wenchang into court. ”

With a squeak, the inner door of the courtroom opened, and the bailiff walked into the courtroom with Liao Wenchang.

Chen Molei looked at Liao Wenchang, only to see that he seemed to have lost some weight, but his face was still indifferent, as if he was about to be acquitted and free after the trial.

After Liao Wenchang sat in the defendant's seat, Qin Huaiyuan, in his capacity as the presiding judge, read out his rights and obligations to him, and after a series of procedures were completed, the court investigation officially began.

As expected, the court investigation began with gunpowder.

After reading out the indictment, the public prosecutor presented a series of evidence, such as the effective civil judgment and the property investigation and control ledger, to prove that Liao Wenchang did not fulfill his repayment obligations to the nine creditor companies.

Liao Wenchang admitted that he owed debts, but he did not admit that he was a debtor who did not repay his debts, because he was not able to fulfill his debts at all, and he did not even have a fixed place to live.

Huo Bingxin cleared his throat and said: "Defendant Liao Wenchang, the court has ruled that Yongchang Foundry Co., Ltd. will repay more than 8,000 yuan of principal and interest to 9 creditor companies including Yalong Foundry Co., Ltd. within a time limit, and has ruled that you will be jointly and severally liable for the principal and interest of 50 million yuan of the loan. As a guarantor, you should know your legal obligations, right? ”

Liao Wenchang didn't raise his head and said, "I know, pay back the money." ”

Huo Bingxin picked up a small pile of materials and said to the trial table: "Collegial panel, the prosecutor has 3 pieces of evidence here.

The first is two purchase contracts. The first contract proves that Liao Wenchang purchased a duplex house in the General's Mansion Community in Qijiang City in December 2013 for the full payment of 1.1 million yuan; Second, the contract proves that the duplex house was sold to a Qijiang man named Jin Xiangqian for 3.1 million yuan in June 2016.

The second is an online bank transfer record. Records show that before the duplex house applied for the real estate certificate, Liao Wenchang's wife, Xin Lili, received a remittance of 3.1 million yuan from Jin Qianqian in her bank account, and the remittance time happened to be the day when the second purchase contract was signed.

The third is Jin Xiangqian's transcript, in which he said that he took over the duplex house from Liao Wenchang, and the takeover price was 3.1 million yuan, and the 3.1 million yuan was transferred to Xin Lili's account on the day the purchase contract was signed.

These three pieces of evidence are sufficient to prove that during the execution of the Yongchang Company's case, Liao Wenchang, as the guarantor, not only did not truthfully report his personal property, but instead sold his real estate to others, and concealed the difference in the price of the real estate.

Obviously, this was a deliberate evasion of execution, and the amount of concealed property was huge, which constituted the crime of refusing to enforce the sentence.

Three pieces of evidence are hereby submitted to the Tribunal. ”

The bailiff took over the three pieces of evidence and handed them over to the collegial panel, and after the collegial panel read them, they asked the bailiff to hand them over to Liao Wenchang and his defender Luo Xiaochuan for cross-examination.

After reading the three pieces of evidence, Liao Wenchang said to the collegial panel: "Court, I have already told my defender about the reasons. My defender told me that the issues involved were more professional and that I probably couldn't explain them clearly. So, I'd like to ask my advocate to answer that question for me. I kindly ask the court to agree. ”

After getting the permission of the collegial panel, Liao Wenchang's defender Luo Xiaochuan nodded slightly to the collegial panel and said, "Respected presiding judge and judge. In one case, I only learned about it when I went to the detention center to meet with my client.

My client, Liao Wenchang, told me that he did sell the duplex house to Jin Xiangqian for 3.1 million yuan, but he did not use the 3.1 million yuan to repay the debts of nine companies including Yalong Company, but repaid other debts outside the case.

During the meeting, Liao Wenchang also asked me if it was illegal to do so.

My personal opinion is that it is not illegal. First, in the sense of civil law, as creditors, Yalong Company and other nine companies are equal in status with other creditors, and their claims are also equal.

Here, I would like to make a special point that although the claims of nine companies including Yalong Company have gone through litigation procedures and have been confirmed by the court, their claims have only been given the effect of enforcement, rather than the privilege of priority for repayment.

Second, the duplex house has not been seized by the court, and in this case, Liao Wenchang has the right to dispose of the property.

Therefore, for the 3.1 million yuan obtained from the transfer of real estate, he can be used to repay the debts of 9 creditor companies and the debts of other creditors, and no matter who he repays, it is reasonable and legal.

Based on the above two points, I believe that my client's act of paying off debts to outsiders is not illegal, nor is it deliberately resisting enforcement.

I would like to ask the collegial panel to seriously consider and adopt the above views. ”

Huo Bingxin had expected that the defense lawyer would have such remarks, and he had already thought about how to deal with it, he asked Liao Wenchang: "In that case, then I would like to ask the defendant to clearly tell the court, whose debt did you repay with the difference in the price of the real estate?" How is debt formed? How much? Are there any debt certificates? ”

Liao Wenchang glanced at Huo Bingxin: "Do I have to answer these questions?" ”

"That's right, it has to be answered." Huo Bingxin said in an unquestionable tone.

Seeing that Liao Wenchang was unwilling to cooperate, Qin Huaiyuan said: "Defendant Liao Wenchang, the prosecutor is interrogating you in accordance with the law, and the questions asked will help clarify the facts of this case, so you must state truthfully and provide corresponding evidence, otherwise the collegial panel will not accept it." Did you hear me clearly? ”

At this time, I saw Liao Wenchang turn his head to Luo Xiaochuan. Luo Xiaochuan glanced at Liao Wenchang, and then nodded slightly.

This brief and subtle action was captured by Chen Molei: nodding? What does that mean? Is there anything they have already discussed?

Originally, according to Chen Molei's prediction, Liao Wenchang should still be the same rhetoric in court, at most, he would not admit his account, in this case, it is likely that the case will be judged in court after the trial.

But now it seems that Liao Wenchang and his defenders have come prepared, and the situation is probably going to become complicated.

Sure enough, I only heard Liao Wenchang sigh lightly, revealing an embarrassed expression: "Okay, since that's the case, then I'll answer." ”

He paused for a moment and continued: "I still pay Gu Shaokang's money. In the spring of 2015, I can't remember exactly what day it was, so I borrowed 10 million from Gu Shaokang. At that time, he said that he would pay off all the principal and interest within 2 years, but he didn't expect that the company was yellow later, and my money was also put in, so he never paid him back, until last year, I changed hands on the duplex house, and he repaid 3.1 million.

The reason why I didn't mention this matter was because I borrowed Gu Shaokang's money to pay off gambling debts. I was afraid that it would be good to say and not sound good, and I was even more afraid that the public security bureau would investigate the gambling, so I never said it. ”

"Gambling debts?" Huo Bingxin asked suspiciously: "What gambling debts?" ”

Liao Wenchang recalled, saying: "It was in April 2015, I went to Qijiang City to negotiate a business, and I wanted to go to the gambling street to have fun when I was idle at night. Of course, the real name of that street is not called Gambling Street, but everyone in the circle calls it that.

When I got to Casino Street, I went into a private casino. At the beginning, I won hundreds of thousands, and then I started to lose, I was unwilling, so I kept gambling, and as a result, I owed the casino a total of 10 million until dawn.

I didn't have that much money with me at the time, so I discussed with them if I could make an IOU and send the money back to me.

The casino didn't agree, saying that the gambling debts were not owed, and they deducted me.

So, I called Gu Shaokang to borrow 10 million and paid off the gambling debt, so I got out.

The main reason why I didn't say anything about this during the investigation stage was that I was afraid that I would be held criminally responsible for speaking out, and it wasn't until I met my defense lawyer that I learned that gambling was a maximum of 15 days of detention. So, now I dare to say it. ”

Chen Molei had heard of the gambling street, where it was said that there were several extremely secret casinos, and everyone who entered was required to wear a baseball bat, sunglasses and a mask, because then no one knew anyone, and even if they lost money, they did not know who to turn to retaliate.

He secretly said in his heart: This Liao Wenchang is quite picky, and he talks about things on the gambling street, so since then, he has been able to speak, because no matter what he says, there is no way to verify, and there is not even a single witness. This is a very clever trick!

Huo Bingxin also seemed to know the rules of the gambling street and the gambling street, and also knew that Liao Wenchang was talking nonsense, so he bypassed the gambling matter and continued to ask Liao Wenchang: "As far as I know, in the first half of 2015, your Yongchang company was still in normal operation, and with the financial resources of you and your company at that time, you should be able to get 10 million, but why do you still want to borrow from Gu Shaokang?" ”

"I didn't want to borrow it from Gu Shaokang, but I couldn't help it at the time." Liao Wenchang explained: "At that time, I was able to get 10 million, but my daughter-in-law also knew the password of my bank card, if he found that there was so much money missing from the card all of a sudden, he would definitely ask me, if he knew that I lost 10 million in gambling, he would not have to fall out with me?" So, I didn't dare to use the money in the card.

As for the company's money, I don't dare to move, I usually borrow up to 1 million from the company, if I borrow 10 million at once, and I can't say the reason, it will definitely cause the suspicion of the financial staff, and more importantly, if I borrow 10 million from the company, the employees will not be able to pay their wages next month, which will cause people's hearts to fluctuate and affect production.

So, I thought of Gu Shaokang that day. He is the largest lender in Dongzhou, and he will definitely be able to get 10 million. That's right, Gu Shaokang's loan interest is high, but with my economic conditions at the time, it won't take two years or even less than a year to repay it. But I didn't count it out of a thousand calculations, and the good end of the company collapsed like this. Alas, people are really not as good as heaven! ”

Huo Bingxin immediately grasped a key point and asked, "How did Gu Shaokang give you such a big sum of money?" ”

Liao Wenchang shook his head and said, "I don't know." At that time, the casino just told me that the gambling debts had been paid off, and that I could leave. After I left the casino, I went back to Dongzhou the next day, and I didn't ask Gu Shaokang how to pay back my gambling debts. I just thought I could pay him back on time, and I didn't care how he paid the gambling debts on his behalf. ”

Huo Bingxin asked again: "Then how did you repay 3.1 million to Gu Shaokang?" ”

Liao Wenchang replied: "When Jin Qianqian paid me the 3.1 million, I was afraid that the court would freeze the money when it entered the bank account, so I asked him to transfer the money to my daughter-in-law's account." Later, my daughter-in-law withdrew the money from the bank counter in batches and remitted it to Gu Shaokang. ”

Huo Bingxin asked again: "Isn't it more convenient to transfer such a large sum of money?" Why do you have to put it forward in batches and then transfer it to Gu Shaokang? Aren't you too troublesome? ”

Liao Wenchang said: "For the sake of safety, I was afraid that the public security organs might follow the bank transfer line in the future and find out that I was involved in gambling, and then investigate my responsibility, so I didn't dare to repay the money by transfer." ”

Huo Bingxin turned his gaze to Lin Gang and asked if he had anything else to ask.

Lin Gang had the habit of listening and remembering, he put down the pen in his hand and asked Liao Wenchang: "Defendant Liao Wenchang, let me ask you a question. According to what you said, you owe debts to 9 companies including Yalong Company, as well as to Gu Shaokang, why do you only repay Gu Shaokang's debts and not 9 creditor companies? ”

"I'm forced to do this too." Liao Wenchang's face showed a trace of grievance, and said: "Gu Shaokang, a person known to many people, is selfish and ruthless, and can do anything to ask for debts. I was afraid that he would be unfavorable to me, so I paid his debt first. ”

After the other questions were asked, Lin just asked the last question: "Defendant Liao Wenchang, is there any evidence to prove what you said?" ”

"Yes." Liao Wenchang replied with an oath: "At that time, after I returned to Dongzhou, I gave Gu Shaokang an IOU, and the IOU was in Gu Shaokang's hand. ”

At this time, Luo Xiaochuan hurriedly said: "Respected collegial panel, after knowing about this matter, I once looked for Gu Shaokang and got a copy of the IOU from Gu Shaokang.

The IOU clearly stated that Liao Wenchang borrowed 10 million yuan from Gu Shaokang on April 21, 2015, with a monthly interest of 2 cents and a loan period of 2 years.

This IOU is enough to prove that what my client said above is true, and it is also enough to prove that my client is not deliberately evading enforcement.

A copy of the IOU is hereby submitted for verification by the collegial panel of the law. As he spoke, he took out a copy of the IOU from his file bag and handed it to the bailiff.

After hearing the IOU, everyone was taken aback, seeing Luo Xiaochuan take out a copy of the IOU, some people in the audience even stretched their necks to see what was written on it.

The bailiff gives a copy of the IOU to the collegial panel.

After the collegial panel read it, it was handed over to the bailiff for the prosecutor to cross-examine the evidence.

When the copy of the IOU was passed to Lin Gang, he said: "We think that this IOU and its copy are forged because it is not logical.

If things are really as the defendant said, he owes Gu Shaokang 10 million, then after he repays Gu Shaokang 3.1 million, he should subtract the amount that has been repaid, and then make a new IOU, and exchange the original old IOU, which is something that ordinary people can think of.

However, this IOU is still an old IOU, and the amount owed on it is still 10 million, which obviously does not make sense. ”

Qin Huaiyuan asked Liao Wenchang: "Defendant, do you have any explanation?" ”

"That's right." Luo Xiaochuan grabbed the words again and said: "According to the agreement between my client and Gu Shaokang, the loan period of 10 million yuan is 2 years, and the monthly interest is 2 cents.

Now more than 2 years have passed, and the interest has exceeded 4.8 million, that is, the interest arrears alone have exceeded the amount repaid by my client this time, and in this case, there is no need to replace the IOU. Therefore, Gu Shaokang just sent a receipt to my client.

That receipt is still in my client's house, and we filed it after the trial.

Here, I need to explain a point for my client Liao Wenchang, the receipt was only made up recently, this is because he has been hiding debts outside for the past two years and has not returned to Dongzhou, so he has never had the opportunity to find Gu Shaokang to receive the note, until not long ago Liao Wenchang was arrested by the public security organs and returned to Dongzhou, Liao Wenchang's lover Xin Lili also returned to Dongzhou, and Liao Wenchang asked Xin Lili to find Gu Shaokang to make up the receipt note.

In addition, if the prosecutor also has objections to the IOU, we can apply for Gu Shaokang to testify in court. ”

After listening to Luo Xiaochuan's explanation, Lin Gang realized that he had made a low-level mistake in mathematics, and his face was a little embarrassed.

Qin Huaiyuan turned his head to the public prosecution table and asked, "Public prosecutor, what is your opinion?" ”

Huo Bingxin briefly discussed with Lin Gang and said, "We agree to apply for Gu Shaokang to testify in court. ”

Qin Huaiyuan discussed with Xu Tiancheng and Dai Jie for a while, and then announced on behalf of the collegial panel: "In view of the new circumstances in this case, in order to find out the facts of the case, I agree to the application of the defendant's side." After the trial, the court will serve a notice of appearance on Gu Shaokang. The next court session will be announced separately. The court is now adjourned. With that, he knocked on the gavel.

After the adjournment, the observers did not leave immediately, and the discussion continued.

Chen Molei didn't have the heart to participate in the discussion, and when he first heard the three words Gu Shaokang, he had an ominous premonition.

Although he had only dealt with Gu Shaokang a few times, he had already figured out this person's character. This person is easy-going, but in fact he is a selfish and mercenary person, especially likes to take advantage of the loopholes of the law, and some people even say that Gu Shaokang is a lend on the surface, but in fact he is doing a trick and abduction.

Over the years, Gu Shaokang's name has long been stinky in the ears of court officers and police, and according to this person's style of acting, it is difficult to guarantee that he will not accept Liao Wenchang's benefits and appear in court to commit perjury.

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