After 2 days of trial, on the morning of April 25, the People’s Court of Ho Chi Minh City sentenced Mr. Tran Qui Thanh and his two daughters, Tran Uyen Phuong and Tran Ngoc Bich, for the crime of “Abuse of trust and appropriation of property”.
According to the jury, at the trial the defendants confessed to committing the crimes as charged. Therefore, based on the content of the case, based on documents and arguments at the trial, there is enough basis to conclude that, through a number of brokers, defendant Tran Qui Thanh and his 2 daughters transferred to a number of businesses. Businesses and individuals borrow money at an interest rate of 3%.
Legitimate loan interest is equal to the receipt of the deposit to buy back the project or real estate; promise that upon full payment of principal and interest, the property will be returned…
Following defendant Thanh’s direction, his two daughters, Tran Uyen Phuong and Tran Ngoc Bich, received the property transfer. However, defendant Thanh’s father and son then carried out name transfer procedures to take control of the borrower’s assets.
When the borrower fully fulfilled its obligation to repay principal and interest as agreed, defendant Thanh and his son forced the property owner to pay an additional fine. Until the victim prepared enough money as requested, defendant Thanh and his son still did not return the property as promised.
The total amount of money the defendants appropriated from the victims was more than 1,040 billion VND. In particular, defendant Thanh bears the main responsibility. Defendant Phuong had a supporting role and was responsible for the value of the property appropriated to more than 350 billion VND from the 4 victims; Defendant Bich is responsible for the amount of money appropriated by Ms. Dang Thi Kim Oanh of more than 600 billion VND.
According to the jury, the defendants committed the crime of “Abusing trust to appropriate property”. The indictment prosecuting the defendants for this crime is legal.
The defendants knew clearly that their actions violated the law, but still intentionally violated them and should be dealt with strictly.
Regarding aggravating and mitigating circumstances, defendants Tran Qui Thanh and Tran Uyen Phuong committed the crime twice or more. However, the defendants had a good character, committed a crime for the first time, confessed honestly, and forced their families to pay more than 800 billion VND to overcome the consequences.
Actively participating in charity activities, fighting the Covid-19 epidemic, receiving many certificates of merit, making many contributions to society, the defendants’ companies created many jobs for workers…
Defendant Thanh is 70 years old or older. Defendants Phuong and Uyen committed the crime of being dependent on defendant Thanh.
From the above analysis, the jury decided to sentence defendant Tran Qui Thanh to 8 years in prison; Defendant Tran Uyen Phuong was sentenced to 4 years in prison and Tran Ngoc Bich was given 3 years in prison but the sentence was suspended.
Each defendant was fined an additional 100 million VND to supplement state funds.
In civil terms, forcing Mr. Lam Son Hoang to return the remaining amount of 115 billion VND, canceling the contract to transfer 4 plots of land between Mr. Hoang and defendant Tran Phuong Uyen.
Forced the broker, Mr. Nguyen Hoang Phu, to return the brokerage amount of 2.5 billion VND and Thai Ngoc Quan 500 million.
Force Mr. Nguyen Huy Dong to pay the loan amount of 78 billion VND, cancel the land transfer contracts between Mr. Dong and defendant Phuong. Mr. Dong had no opinion about paying brokerage fees to Ms. Doan Nguyen Minh Hoang, so the jury did not consider it.
Force Mr. Nguyen Van Chung to refund defendant Thanh 34.7 billion VND, cancel the contract to transfer land plot 452, between Mr. Chung and defendant Tran Uyen Phuong.
Force Mr. Nguyen Phi Long and Nguyen Phuoc Loc to pay back the brokerage money they received.
Force Ms. Dang Thi Kim Oanh to pay defendant Thanh more than 235 billion VND. Cancel the contract on the transfer of shares at Minh Thanh Company and Nhon Thanh project.
Do not accept the request for compensation for damages for “business development opportunities” from the time the property was appropriated until the case was brought to trial of 531 billion VND from Ms. Dang Thi Kim Oanh.
Return more than 183 billion VND to Ms. Nguyen Thi Nu, defendant Thanh’s wife, who paid to remedy the consequences for the defendants.
