After two days of trial and deliberation, today (April 25), the People’s Court of Ho Chi Minh City announced the first instance verdict against Mr. Tran Qui Thanh and his father and son in the case of abuse of trust and property appropriation.
The jury sentenced defendants Tran Qui Thanh to 8 years in prison, Tran Uyen Phuong to 4 years in prison, Tran Ngoc Bich to 3 years in prison but suspended sentences, on the same charge of abuse of trust and appropriation of property. Additional fine for each defendant is 100 million VND.
The jury found that the defendants’ civil transaction of lending money to the four victims was not illegal.
However, to ensure the borrowing of money and the resulting interest, the defendants agreed to sign contracts to transfer assets, land use rights, company shares, projects… These are fake contracts. creation, illegal, but after putting their names on the legal documents of the victims (borrowers), the defendants had the intention of appropriating so they used deceitful tricks, claiming reasons to refuse. Refusing to pay makes the borrower unable to receive the property back.
From there, the defendants took the difference in asset value compared to the original amount that the victim borrowed. The jury determined that the defendants appropriated a total of 1,048 billion VND from the four victims.
In particular, defendant Thanh played the main role, responsible for the entire value of the appropriated assets. Defendant Phuong was an accomplice who helped, following his father’s instructions, and was responsible for more than 350 billion VND appropriated from the four victims. Defendant Bich, as an accomplice and assistant, following his father’s instructions, is responsible for the value of the property appropriated by victim Dang Thi Kim Oanh of more than 600 billion VND.
The jury found that the defendants’ actions were dangerous to society, for personal gain they violated the property of others; The defendants knew clearly that their actions would be punished by law but still committed the crime. Defendants Tran Qui Thanh and Uyen Phuong have aggravating circumstances of committing the crime twice or more.
Mr. Tran Qui Thanh in court. Photo: THUAN VAN
Regarding extenuating circumstances: The defendants have a good character, committed a crime for the first time, and influenced their relatives to pay more than 183 billion VND to overcome the consequences; Sincerely declare, repent… Defendant Thanh is an elderly man over 70 years old, two defendants Phuong and Bich are accomplices who helped to limit, following the direction of defendant Thanh’s father.
In fact, the defendants have only obtained property rights on paper and these properties are still managed and used by the victims. The defendants are the direct founders and operators of Tan Hiep Phat Company, contributing to economic and social development and creating jobs for workers; Received many certificates of merit, medals…
Because the defendants had many extenuating circumstances, the jury considered partially reducing the sentences for the defendants. It is necessary to isolate defendants Thanh and Phuong for a period of time as a deterrent. Defendant Bich had no aggravating circumstances, so the jury considered granting a suspended sentence to show the leniency of the law.
The jury commented, based on the case file, evidence and documents; In court, the defendants admitted the acts as charged.
Accordingly, from 2019 to 2020, Mr. Tran Qui Thanh, through a broker, lent money to Mr. Lam Son Hoang, Nguyen Huy Dong, Nguyen Van Chung and Ms. Dang Thi Kim Oanh at an interest rate of 3%/month; Late payment interest is 4.5%/month. Attached is the requirement that the asset/project owner must sign a contract to transfer assets/shares of the project to hide the nature of the loan.
When the borrower agreed to repay the principal and interest in full as agreed, the defendants used deceitful tricks, claiming unreasonable reasons, forcing the borrower to pay additional interest and penalties… to avoid return property.
The jury pronounced sentence against Mr. Tran Qui Thanh, father and son. Photo: THUAN VAN
As for the victims, the jury annulled the transfer contracts that the defendants had signed with the previous victims.
Regarding the victim Lam Son Hoang, the jury noted Mr. Hoang’s agreement to pay Mr. Thanh the amount of 115 billion VND he received; Cancel transfer contracts, resale commitments and related documents. Force the broker to return the 3 billion VND he received from the victim.
The jury forced the victim Nguyen Huy Dong to refund Mr. Thanh the amount of 78 billion VND; Cancel land use rights transfer contracts signed by both parties, resale commitments and other transactions.
The jury forced the victim Nguyen Van Chung to return 34 billion to Mr. Thanh after deducting the amount of taxes and fees; Cancel the transfer contract of land plots transferred to Tran Uyen Phuong and related documents. Force the brokers to pay Mr. Chung the amount of 1.4 billion VND in fees received.
Regarding Ms. Dang Thi Kim Oanh’s loan of 500 billion VND from Mr. Thanh, in court the parties admitted the loan amount they had received, forcing Ms. Oanh to return to Mr. Thanh more than 235 billion VND of principal debt; cancel contracts between defendants and related organizations; Return all documents to Ms. Oanh.
The jury did not accept Ms. Oanh’s request for compensation of more than 531 billion VND in damages due to loss of business opportunities for the two appropriated projects.
The jury noted the agreement of Mr. Minh and Ms. Trang (Minh Thanh Company) to return the 65 billion VND received from Mr. Thanh when transferring 50% of the company’s shares.
