& shy; In 2008, Fuqing man Wu paid 950,000 yuan and Gao signed an agreement on the transfer of barren hills and barren slopes. However, because the mining point belongs to the object prohibited by the state, wu asked Gao for a refund, but it took seven years for many judgments. Gao refused to execute the judgment. Recently, Fuqing City Court sentenced Gao to one year in prison and one year in probation for refusing to execute the judgment and ruling.
& shy; On September 20, 2008, Gao and Wu signed an agreement on the transfer of barren hills and barren slopes (in essence, the agreement on the transfer of mining rights). Gao transferred barren hills to Wu for mining, no matter any mineral species is mined, it will be earned by Wu until all minerals are mined. The agreement stipulates that Wu paid a total of 950,000 yuan for Gao’s transfer. The specific payment method is to pay it in one lump sum after signing the agreement, and the mining period is 10 years. After signing the agreement, Wu agreed to pay the transfer of 950,000 yuan to Gao.
& shy; Later, Wu learned that Gao had no mining right to the transferred mineral development point, which was the object prohibited by the state, and there was no mineral species that could be developed at the development point. Although GAO recognized these facts, he refused to negotiate with Wu to return the transfer money.
& shy; On November 11, 2010, Fuqing City Court made a judgment requiring GAO to return 950,000 yuan and interest of Wu’s transfer within the specified time. Gao did not perform the judgment after receiving the judgment. On April 22, 2011, Wu applied to Fuqing city court for enforcement. On June 20, 2012, Gao complained that Fuzhou People’s Procuratorate filed a protest with Fuzhou Intermediate People’s Court. On July 12, 2012, Fuzhou Intermediate People’s Court ruled that the execution of the original judgment was suspended during the retrial. On November 14, 2012, Fuzhou Intermediate People’s Court ruled to resume the above execution of sentence. Gao refused to perform after receiving the ruling and bought an off-road vehicle at a price of 885,000 yuan on November 23, 2012.
& shy; On September 2, 2015, Gao surrendered to Fuqing municipal public security bureau and returned 950,000 yuan of transfer to Wu on October 26, 2015 to obtain understanding.
& shy; After hearing, the Fuqing court held that Gao refused to execute the judgment and ruling of the People’s Court because he had the ability to execute it. If the circumstances were serious, his behavior constituted the crime of refusing to execute the judgment and ruling. However, Gao surrendered automatically after committing a crime and truthfully confessed his crime. He surrendered himself and was given a lighter punishment according to law. He sentenced Gao to one year in prison and one year in probation for refusing to execute the judgment or ruling. (Reporter Lin an Town correspondent Rong FA)