Mr. Tran Qui Thanh in court – Photo: HUU Hanh
Using the excuse of being overdue, the borrower is not allowed to get the property back
According to the jury, through debate at the trial, the defendants Tran Qui Thanh, Tran Ngoc Bich, Tran Uyen Phuong admitted their actions, and the defendants’ testimony was consistent with the documents in the file. case.
From there, there is a basis to conclude that during the period from 2019 to 2020, Mr. Tran Qui Thanh, Ms. Tran Ngoc Bich, and Ms. Tran Uyen Phuong through brokers let Mr. and Mrs. Lam Son Hoang, Nguyen Huy Dong, Nguyen Van Chung and Dang Thi Kim Oanh borrowed money.
This money is loaned at an interest rate of 3%/month, but requires asset/project owners to sign a contract to transfer assets/shares of the project to hide the nature of the loan.
When the borrower fully fulfilled its obligation to repay principal and interest as agreed, Mr. Thanh and his son cited reasons for the borrower’s violation of the commitment to not return the property to the property owner.
The total value of the assets that the defendants appropriated from the four victims is 1,048 billion VND.
Ms. Tran Uyen Phuong in court – Photo HUU Hanh
First case: Through broker Nguyen Hoang Phu, the defendants lent Mr. Lam Son Hoang 115 billion VND by signing a fake contract.
This contract notarizes the transfer of 4 plots of land in Binh Chanh, Thu Duc from Mr. Lam Son Hoang, Mr. Nguyen Huu Nghia and his wife (Mr. Hoang’s nephew) to Ms. Tran Uyen Phuong with an interest rate of 3%/month; Late payment interest rate is 4.5%. Sales contracts are disguised as resale commitments.
When Mr. Lam Son Hoang prepared enough money to pay, Mr. Tran Qui Thanh’s side used the excuse that Mr. Lam Son Hoang was slow to pay and did not allow him to redeem the property. The appropriated value is more than 80 billion VND.
Second case: Through broker Doan Nguyen Minh Hoang, the defendants lent Mr. Nguyen Huy Dong 80 billion VND by signing a fake notarized transfer contract of 2 plots of land on Kinh Duong Vuong Street (An Lac Ward, Binh Tan, Ho Chi Minh City).
This loan amount must also be paid at an interest rate of 3%/month, with a late payment penalty of 4.5%, disguised as resale commitments.
When Mr. Nguyen Huy Dong prepared enough 80 billion to receive back the 2 plots of land, the defendants demanded to pay an additional 15 billion and not allow the property to be redeemed. The appropriated value is more than 38 billion VND.
Judge Huynh Van Truc read the verdict on behalf of the jury – Photo: HUU HANH
Third case: Through broker Nguyen Phi Long, defendants Tran Qui Thanh and Tran Uyen Phuong lent Mr. Nguyen Van Chung 35 billion VND by signing a fake contract to transfer 29 plots of land (in An Lac ward, Binh Dinh). Tan, Ho Chi Minh City) from Mr. and Mrs. Lam Hoang to Tran Uyen Phuong.
The above plot of land was purchased by Mr. Nguyen Van Chung from Mr. and Mrs. Lam Hoang before, and the name transfer procedures have not yet been completed. The loan amount will also have to be paid at an interest rate of 3%/month.
When Mr. Nguyen Van Chung prepared enough 35 billion to receive back 29 plots of land, the defendants demanded to pay an additional 14 billion and not allow the property to be redeemed. The appropriated value is more than 48 billion VND.
Fourth case: Through broker Nguyen Hoang Phu, the defendants lent 500 billion VND to Ms. Dang Thi Kim Oanh (chairwoman of the board of directors of Kim Oanh Company) by signing a fake contract to transfer shares of Minh Thanh Company.
This contract contains the content of the agreement to transfer/promise to transfer the Nhon Thanh project to Ms. Tran Uyen Phuong, Tran Ngoc Bich, from TCS Company (a company belonging to Tan Hiep Phat Group). The loan amount must pay interest at 3%/month, late payment interest at 4.5%/month covered by resale commitments.
When Ms. Dang Thi Kim Oanh’s side prepared the full amount of 500 billion, Mr. Tran Qui Thanh’s side complained of violating the terms of the contract, so they lost the right to buy back and were not allowed to redeem the property.
The value of appropriation of the Minh Thanh project is more than 427 billion VND, the value of appropriation of the Nhon Thanh project is more than 453 billion VND.
Ms. Tran Ngoc Bich and her lawyer arrived in court on the morning of April 25 – Photo: HUU Hanh
Mr. Tran Qui Thanh’s youngest daughter received a suspended sentence
Regarding the nature of the case, according to the jury, there is enough evidence to conclude that the defendants’ actions in civil transactions with the victims were not illegal.
But to ensure the loan and the interest incurred, the defendants together with the victim made a property transfer contract. These transfer contracts are fake and illegal.
After receiving property from the victims, who were borrowers, the defendants had the intention of appropriating, causing difficulties, claiming reasons, not allowing principal to be paid… so that the borrower could not repay. , from which the property appropriated is the difference after deducting the money the victims borrowed.
In this case, defendant Tran Qui Thanh is the main responsible person and must be responsible for the entire value of the appropriated property.
Defendant Tran Uyen Phuong acted as an aide and was responsible for the value of the appropriated property of 350 billion and accomplice Tran Ngoc Bich assisted in the role of following his father’s instructions and was responsible for the value. Appropriated assets are 600 billion.
The defendants knew clearly that their actions would be punished by the law, but still knowingly committed the crime, they should be severely punished.
Regarding aggravating circumstances, defendants Tran Qui Thanh and Tran Uyen Phuong committed the crime two or more times. Regarding mitigating circumstances, the defendants repented, confessed honestly, had good character, and influenced their relatives to pay 183 billion VND in compensation. In reality, the defendants only appropriated it on paper, while the defendants Harm is still managing and using assets, actively participating in charity activities…
Defendant Thanh is 70 years old or older, defendants Phuong and Bich have a limited role, following the direction of their biological father. Defendant Bich had no aggravating circumstances and many mitigating circumstances, so he received a suspended sentence.
From there, the jury announced the above sentence.
In addition, the jury also imposed an additional penalty, forcing Mr. Thanh, Uyen Phuong, and Ngoc Bich to pay 100 million each to confiscate public funds.
