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Case of Li Zhiqiang's Illegal Disposition of Sealed Up Property (case of illegal disposition of sealed-up property)
李志强非法处置查封财产案
【法宝引证码】

Case of Li Zhiqiang’s Illegal Disposition of Sealed Up Property (case of illegal disposition of sealed-up property)
(case of illegal disposition of sealed-up property)
李志强非法处置查封财产案

Case of Li Zhiqiang's Illegal Disposition of Sealed Up Property

 

李志强非法处置查封财产案


BASIC FACTS
 

Public Prosecutor: The People's Procuratorate of Kelamayi District of Xinjiang, Vygur Autonomous Region
 
公诉机关:新疆维吾尔自治区克拉玛依市克拉玛依区人民检察院。

Defendant: Li Zhiqiang, male, 47 years old, was born in Nanchong City, Sichuan Province. He was a small businessman and resided in Kelamayi City. He was arrested on July 16, 1999.
 
被告人:李志强,男,47岁,四川省南充市人,个体工商户,住克拉玛依市。1999年7月16日被逮捕。

Defender: Cui Xiuhua, an attorney from Yuanchao Lawfirm of Kelamayi City
 
辩护人:崔秀华,克拉玛依远潮律师事务所律师。

The People's Procuratorate of Kelamayi District of Xinjiang, Vygur Autonomous Region
instituted a public prosecution in the People's Court of Kelamayi District of Kelamayi City (hereinafter referred to as the District Court) against Li Zhiqiang for his illegal disposition of sealed up property.
 
被告人李志强因非法处置查封财产案,被新疆维吾尔自治区克拉玛依市克拉玛依区人民检察院向克拉玛依区人民法院提起公诉。

In the bill of prosecution it was charged that, without permission, defendant Li Zhiqiang sold the wood, which was sealed up the People's Court pursuant to the law. His act violated the Criminal Law and constituted a crime of illegal disposition of property, thus the public prosecutor plead the court to punish him in accordance with the law.
 
起诉书指控:被告人李志强擅自将被克拉玛依区人民法院依法查封的木材变卖,严重影响了人民法院对民事案件的审理,其行为已触犯刑法,构成非法处置查封的财产罪,请依法惩处。

Defendant Li Zhiqiang candidly confessed the facts charged in the bill of prosecution, but he justified his act on the grounds that: first, the value of the property, which was sealed up by the court was higher than the amount of his debt, so it was reasonable for him to sell some of the property; second, he was indicted in the People's Court of Yining City for another debt. Recently, it was said that that court was going to seal up this batch of wood, which was handed over to him for safekeeping after having been sealed up by the District Court. He was afraid that he had to bear the responsibility if the District Court couldn't obtain this batch of wood, so he thought he'd better sell the wood and then he would hand the income to the District Court. At most, his act hindered the judicial proceedings, but it didn't constitute a crime.
 
被告人李志强对起诉书指控的事实供认不讳,但辩称:第一,被法院查封的财产已经超出了我的债务数额,所以我变卖其中一部分是合理的;第二,因另一笔债务,我已经被起诉到伊宁市人民法院。最近听说该法院也要来查封这批木材,而这批木材是克拉玛依区人民法院查封后交给我保管的。我怕克拉玛依区人民法院得不到木材让我承担责任,所以想把这批木材出卖后,将价款交到克拉玛依区人民法院。我的行为至多是妨碍了诉讼程序,但不构成犯罪。

His defender held that Li Zhiqiang's act did not lead to serious consequences and he candidly confessed his crime. Thus he pleaded the court to give him a lesser punishment.
 
辩护人的辩护意见是:被告人李志强的行为没有造成严重后果,案发后认罪态度较好,请从轻判处。

Upon hearing the case, the District Court found that:
 
克拉玛依市克拉玛依区人民法院经审理查明:

Huocheng Forest Farm under the Forestry Bureau of Western Tianshan Mountain, Xinjiang Uygur Autonomous Region provided a batch of wood of 30,000 yuan's worth to the defendant Li Zhiqiang according to the stipulations in the contract, while Li failed to perform his obligation of paying this sum of money, so Huocheng Forest Farm instituted an action at the District Court, pleading the court to order Li to pay the money for the wood, and, according to the provisions of Article 93 of the Civil Procedural Law of the People's Republic of China, it filed an application of property preservation ( preserving all the wood that Li Zhiqiang owned) prior to their action and it provided pertinent guarantee. Upon examination, the District Court held that, if failing to do so timely, some difficulties might arise in solving the dispute over defaulted payment for goods, Huocheng Forestry Farm v. Li Zhiqiang, the applicator' s legal rights and interests were unable to be ensured. Since Huocheng Forestry Farm's application of property preservation prior to their action was in consistence with the requirements in the law, it made a ruling of sealing up Li Zhiqiang' s wood on April 26, 1999. Upon checking the amount, the court put seals on Li's wood which was worth more than 30,000 yuan, sealing it up for keeping on that spot, and ordered Li Zhiqiang to keep it safe. With the clear awareness of the ban's not having been lifted, on May 5 of the same year, Li Zhiqiang moved the sealed up wood of 28.5 cubic meters to another place for selling, from which he got a payment of 30,000 yuan.
......
 
新疆天山西部林业局霍城林场根据合同约定,给本案被告人李志强提供了价值近3万元的木材,李志强未按约定期限履行付款义务,霍城林场即向克拉玛依区人民法院提起诉讼,请求判令李志强偿付所欠木材款,同时依照《中华人民共和国民事诉讼法》第九十三条的规定,提出对李志强所有的木材予以诉前财产保全的申请,并提供了相应的担保。克拉玛依区人民法院对霍城林场的申请进行审查后认为,如果不及时对李志强的木材采取诉前财产保全措施,就有可能给霍城林场诉李志强拖欠货款纠纷一案将来的执行工作造成困难,使申请人的合法权益无法得到保障,霍城林场的诉前财产保全申请符合法律规定的条件,遂于1999年4月26日裁定,查封李志强的木材。法院将李志强所有的一批价值3万余元的木材经清点后加贴了封条,就地封存,并责令李志强妥善保管。在查封令没有解除的情况下,李志强于同年5月5日将被查封木材中的28.5立方木材转移至别处出售,获价款3万元。
......

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