——Previous summary - Faced with the effective civil mediation by the People's Court, a boss in Xiamen has set up a "crooked plan" to transfer payment through a newly opened company corporate account, staging a real-life version of "concealing the truth" to evade compulsory enforcement by the People's Court. Can this be successful? What severe punishment will he face again? Let's take a look together. Before the case begins, do you know what the crime of refusing to execute is? On September 3, 2020, a new optical company was involved in a sales contract dispute. After mediation by the Tong'an District People's Court in Xiamen, it was determined that the company would pay the plaintiff, Wei Electronics Company, a total of RMB 17095388.1 in 10 installments starting from the following month. However, Xin Optical Company failed to comply with the law, and Wei Electronics Company applied for compulsory enforcement. The People's Court of Tong'an District issued an enforcement ruling in 2021, freezing and transferring all funds of RMB 13931633.67 belonging to a new optical company, or sealing, confiscating, or freezing corresponding equivalent assets. After receiving the court's enforcement documents, Xinmou Optical Company failed to truthfully report its property situation and opened new company accounts with Agricultural Bank of China and Minsheng Bank. After receiving payment in these accounts, the money was hidden and transferred to the personal bank account of the company's owner and defendant Hu, making the ruling unenforceable. After investigation, it was found that a new optical company had hidden and transferred a total of RMB 24873560 to Hu's personal account. After the trial by the Tong'an District People's Court, it was found that the defendant unit, Xinmou Optical Company, had the ability to comply with the court's legally effective ruling but refused to execute it. The circumstances were serious and their behavior constituted the crime of refusing to execute the judgment or ruling; The defendant Hu, as the actual controller of the company, played a decisive role in committing the crime of refusing to execute judgments and rulings on the company. He is the directly responsible supervisor and his behavior also constitutes the crime of refusing to execute judgments and rulings. Although Hu voluntarily appeared at the scene after receiving a phone call from the police, he did not truthfully confess the whereabouts of the funds deposited into the company account during the execution period. This constitutes a failure to truthfully confess the main criminal facts and does not constitute surrender. The People's Court of Tong'an District sentenced the defendant unit Xinmou Optical Co., Ltd. to a fine of RMB 200000 and the defendant Hu to two years' imprisonment for refusing to execute the judgment and ruling. After the first instance verdict, the defendant Hu was dissatisfied and appealed to the Xiamen Intermediate People's Court. After trial, the Xiamen Intermediate People's Court believes that the original judgment correctly determined the facts and applied the law, the trial procedure was legal, and the sentencing was appropriate. Reject the appeal and uphold the original verdict. Article 313 of the Criminal Law of the People's Republic of China stipulates that those who refuse to execute judgments or rulings made by people's courts despite having the ability to do so, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, detention, or a fine; If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and its directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Article 30: Companies, enterprises, institutions, government agencies, and organizations that commit acts that harm society and are legally defined as unit crimes shall bear criminal responsibility. Article 31: If a unit commits a crime, it shall be fined, and its directly responsible supervisors and other directly responsible personnel shall be sentenced to criminal penalties. If there are other provisions in this law or other laws, they shall be followed. We hereby remind all executed units and individuals to promptly comply with the effective judgments and rulings of the court, and not to take any chances. Any behavior of hiding, transferring property, refusing to execute, or serious circumstances will be subject to legal sanctions