Judgment No. 21/2019/HS-ST dated 17/06/2019 on fraudulent appropriation of property

PEOPLE’S COURT OF LANG SON

JUDGMENT NO. 21/2019/HS-ST DATED 17/06/2019 ON FRAUDULENT APPROPRIATION OF PROPERTY

On June 17, 2019, at the office of the People’s Court of Lang Son, a first-instance trial court is conducted to hear the Criminal Case No. 09/2019/TLST-HS dated March 11, 2019 under the Decision to Bring the Case to Trial No. 20/2019/QDXXST-QD dated May 08, 2019 against:

Le Tuan D, born on 22-4-1983 in Nghe An. Place of residence: N commune, V city, Nghe An; occupation: none; level of education: 12/12; ethnicity: Kinh; gender: male; religion: none; nationality: Vietnamese; parents: Mr. Le Xuan H and Mrs. Nguyen Thi H; wife: Pham Thi Huyen T, and 03 children (the eldest was born in 2007, the youngest in 2016); criminal record: none; record: sentenced to 03 years 06 months in prison for illegal possession of narcotic substances on 25-3-2002 by People’s Court of Vinh city, Nghe An; and imposed a fine for gambling on 23-7-2008 by the police of Vinh city, Nghe An. The defendant has been kept in temporary detention since 20-7-2018 and is currently held in the detention center of Lang Son Police. Present.

- The advocate for the defendant:  Mr. Duong Huu M, lawyer of H Lawyer’s Office, member of Bar Association of Lang Son. Present.

- Aggrieved persons:

1. Mr. Dang Xuan D, born in 1966. Place of residence: T ward, L city, Lang Son. Present.

2. Mrs. Ton Thi T, born in 1963. Place of residence: H ward, L city, Lang Son. Present.

- Persons with relevant rights and obligations:

1. Mrs. Dang Thi T, born in 1970. Place of residence: T ward, L city, Lang Son. Present.

2. Mr. Nguyen Viet H, born in 1971. Place of residence: T ward, L city, Lang Son. Present.

3. Mrs. Nguyen Thanh H, born in 1970. Place of residence: T ward, L city, Lang Son. Present.

- Witness: Mrs. Pham Thi Huyen T, born in 1992.

THE CASE

According to the documents contained in the case file and the progress at the trial, the contents of the case are summarized as follows:

Hoang Thien L Construction Investment Co., Ltd. was established on 28-10-2014 with the enterprise ID number 29017394**. On 23-02-2017, this company had its name changed into Son L Trading Services and Import-Export Co., Ltd. and had the address: N commune, V city, Nghe An. Capital contributors included Le Tuan D and his wife Pham Thi Huyen T. Pham Thi Huyen T held the Director title and was the legal representative of the company.

In 2015, Le Tuan D met Dang Thi T. Around the middle of March, 2017, Le Tuan D asked Dang Thi T to find a buyer for some frozen import containing chicken legs, pork legs and pork intestines. Dang Thi T introduced Le Tuan D to Nguyen Viet H. Through Nguyen Viet H, Le Tuan D met Dang Xuan D. In April, 2017, Le Tuan D met Dang Thi T, Nguyen Viet H and Dang Xuan D in Lang Son several times to talk about goods selling. Le Tuan D introduced himself as the director of Son L Trading Services and Import-Export Co., Ltd. and said that he had some frozen imports in possession. After that, Le Tuan D sent sample pictures of chicken legs, pork legs and pork intestines through his mobile phone several times and a box containing sample goods via a coach to Dang Thi T and asked Dang Thi T to show these pictures and the box to Dang Xuan D for inspection. After the inspection, Dang Xuan D agreed to order from Le Tuan D. On 24-5-2017, 26-7-2017, 27-7-2017 and 08-8-2017, acting as the director of Son L Trading Services and Import-Export Co., Ltd., Le Tuan D signed 04 sales contracts for the selling of chicken legs, pork legs and pork intestines to Dang Xuan D. The contracts specified that, after receiving the deposit, Le Tuan D must deliver the goods to Dang Xuan D within 35-40 days starting from the time at which the contracts were signed. Dang Xuan D paid the deposit to Le Tuan D through 5 transfers, corresponding to the 4 signed contracts, totaling VND 796. 097. 146 (seven hundred ninety six million ninety seven thousand one hundred forty six). To be specific:

- On 24-5-2017, Dang Xuan D transferred VND 163.196.146 (one hundred sixty three million one hundred ninety six thousand one hundred forty six) to Le Tuan D’s S Nghe An bank account No. 030034187777.

- On 26-7-2017, Dang Xuan D transferred VND 299.901.000 (two hundred ninety nine million nine hundred one thousand) to Le Tuan D’s S Nghe An bank account No. 030034187777.

- On 28-7-2017, Dang Xuan D transferred VND 166.500.000 (one hundred sixty six million five hundred thousand) to Le Tuan D’s S Nghe An bank account No. 030034187777.

- On 11-8-2017, Dang Xuan D asked his wife Nguyen Thanh H to transfer VND 166.500.000 (one hundred sixty six million five hundred thousand) to Le Tuan D’s S Nghe An bank account No. 030034187777.

In 7-2017, Le Tuan D asked Dang Thi T to find a buyer for some copper scrap import. Dang Thi T introduced Le Tuan D to Mrs. Ton Thi T, who was Dang Thi T’s acquaintance and wished to import this product to export to China. Through Dang Thi T’s mobile phone, Le Tuan D talked with Ton Thi T multiple times where Le Tuan D also introduced himself as the director of S Trading Services and Import-Export Co., Ltd. Le Tuan D signed 02 sales contracts for the selling of copper scrap with Ton Thi T. These contracts specified that, after signing these contracts and receiving the deposit, Le Tuan D must deliver the goods to Ton Thi T within 35-40 days. Ton Thi T paid the deposit totaling VND 994. 500. 000 (nine hundred ninety four million five hundred thousand) to Le Tuan D through 2 transfers. To be specific:

- On 31-7-2017, Ton Thi T transferred VND 334.500.000 (three hundred thirty four million five hundred thousand) as deposit to Le Tuan D’s S Nghe An bank account No. 030034187777.

- On 07-8-2017, Ton Thi T transferred VND 660.000.000 (six hundred sixty million) as deposit to Le Tuan D’s S Nghe An bank account No. 030034187777. As Ton Thi T made some amendment to this contract, it was signed after the deposit was transferred.

When the delivery deadlines stated in the contracts had passed but Le Tuan D did not deliver the goods, Dang Xuan D, Ton Thi T and Dang Thi T called Le Tuan D multiple times to ask whether the goods had been delivered to which the reply was that the goods were stuck at sea and deliveries were being delayed. Near the end of 8-2017, from Le Tuan D’s Wechat account, Dang Thi T received an image showing Le Tuan D being caught and handcuffed together with two other men, while Le Tuan D also contacted Dang Thi T and Ton Thi T via the phone number 008562091688555 to inform them that he was being detained by Laos police for selling rhino horns. After this period, Dang Xuan D contacted Le Tuan D many times but failed to reach him. On 23- 01-2018, Dang Xuan D submitted a denunciation of the act of obtaining property by fraud of Le Tuan D to the Police Investigation Body of Lang Son. On 06- 12-2018, Ton Thi T submitted a denunciation of the act of obtaining property by fraud of Le Tuan D.

On 14-3-2018, while meeting the Police Investigation Body of Lang Son at the office of Nghe An Police, Le Tuan D asked to use the bathroom and then escaped from the office. When the investigators requested him to come back, Le Tuan D refused to comply and did not return to his place of residence.

During the investigation process, Le Tuan D confessed as follows:

In the past, Le Tuan D met a man called Le Tan B, born in 1971 and residing in ** ward, A district, Ho Chi Minh city. Le Tuan D visited Le Tan B at this address several times with the last time being in the middle of March 2016. In March 2017, Le Tan B told Le Tuan D that there was some import of chicken legs, pork legs and pork intestines and, through Le Tan B’s introduction, Le Tuan D signed a contract for the import of chicken legs and pork legs with a foreign company (whose name Le Tuan D was unable to recall). Then, Le Tuan D asked Dang Thi T to find a buyer and signed a contract with Dang Xuan D as abovementioned. Regarding the amount of VND 796. 097. 146 that Dang Xuan D transferred to Le Tuan D’s account as deposit for the frozen import, Le Tuan D confessed to have transferred a total amount of more than VND 760. 000. 000 to Le Tuan B via 2 transfers to buy overseas chicken legs, pork legs and pork intestines for Dang Xuan D. To be specific: in June 2017, Le Tuan D visited bank Y in Vinh city, Nghe An to transfer VND 160. 000. 000 to Le Tan B, asking Le Tan B to buy overseas chicken legs, pork legs and pork intestines for Dang Xuan D. In early August 2017, Le Tuan D went to Ho Chi Minh city alone and gave VND 600. 000. 000 to Le Tan B in a hotel for Le Tan B to buy overseas chicken legs, pork legs and pork intestines. There was no witness, written confirmation or sales contract between Le Tuan D and Le Tan B regarding such giving. On 24-5-2018, after Dang Xuan D transferred VND 163. 196. 146. 000 to Le Tuan D’s account as deposit, Le Tuan D transferred VND 80. 000. 000 to a bank account of La Le M, born in 1989 and residing in ward **, district *, Ho Chi Minh city, to pay for some edible bird's nests. Le Tuan D bought the edible bird's nests from La Le T to sell to a Chinese customer and used Dang Xuan D's deposit to pay for them since he did not have enough money. After the Chinese customer paid him, Le Tuan D added the payment to the amount given to Le Tuan B as abovementioned.

Regarding the amount of VND 994.500.000 that Le Tuan D received as deposit from Ton Thi T, Le Tuan D confessed as follows: in 6-2017, Le Tan B introduced Le Tuan D to Nguyen Manh T, 45 years old, residing in A district, Ho Chi Minh city (unknown address). Through their talk, Nguyen Manh T told Le Tuan Duon that he had some copper scrap import, so Le Tuan D said he would order from Nguyen Manh T once he found a buyer for this product. Through Dang Thi T, Le Tuan D signed 02 sales contracts with Ton Thi T. Nguyen Manh T sent all sample pictures and goods to Le Tuan D to show them to Ton Thi T. In 8-2017, Le Tuan D gave all of Ton Thi T’s deposit to Nguyen Manh T in a hotel in Ho Chi Minh city as deposit. There was no witness or sales contract between Le Tuan D and Nguyen Manh T regarding such giving. Nguyen Manh T did write a confirmation regarding such giving for Le Tuan D but this written confirmation is currently missing.

Le Tuan D also confessed as follows: after receiving deposits from Dang Xuan D and Ton Thi T, around the middle of 8-2017, Le Tuan D was involved in the selling of forbidden goods (rhino horns) and thus was caught and detained by the Laotian police until 11-2017. Therefore, Le Tuan D could not contact Dang Xuan D and Ton Thi T to deliver their goods or return their money.

On 15/3/2018, Le Tuan D transferred VND 30.000.000 to Dang Xuan D.

Based on documents and evidences collected, the defendant’s deposition is found to be unfounded. To be specific:

Le Tuan D confessed that, in March 2017, he signed an import contract for purchase of chicken legs and pork legs with a foreign company whose name he could not recall. Nghe An Department of Taxation verified that S Trading Services and Import-Export Co., Ltd. had had no business operation or transaction since its establishment. During the investigation process, Le Tuan D failed to present the contract with the foreign company and proof of receipt of the goods from the foreign company.

Regarding Le Tuan D’s statement on giving money to Le Tan B and Nguyen Manh T to order goods from them, this statement is not consistent with evidences and documents collected. To be specific: Nghe An branch of S bank confirmed that Le Tuan D had either withdrawn all of the money Dang Xuan D and Ton Thi T transferred to his account or used it for another purpose (detailed statement is enclosed in the case file). Y bank - Nghe An confirmed that, from May 2017 to August 2017, Le Tuan D did not make any transaction via Y bank - Vinh city. A person named Le Tan B is confirmed to have resided in ** ward, A district, Ho Chi Minh city but, in June 2014, Le Tan B and his family left this house and their whereabouts is currently unknown.

As for Nguyen Manh T, as there is no detailed address, the Investigation Body does not have sufficient grounds for verification.

Regarding the defendant’s confession of having been captured in Laos in August 2017: upon verification of the picture sent from the defendant's Wechat account to Dang Thi T, it is found that Le Tuan D's face was swapped with the face of one of the three Laotians caught for illegal transport of narcotic substances whose picture was taken and posted on mass media by Quang Tri Border Guard. Upon verification by the border outpost of border checkpoint C, Ha Tinh, it is confirmed that, from August 2017 to December 2017, Le Tuan D used a passport with the number B5813521 to enter and exit Laos (the defendant entered and exited Laos every 2-3 days). Therefore, the defendant’s confession of having been captured by the Laotian police in October 2017 is unfounded.

At the office of the Investigation Body, Pham Thi Huyen T confessed that although Pham Thi Huyen T was the director of Son L Trading Services and Import-Export Co., Ltd., the defendant managed and directed all transactions and held the seal and documents. Pham Thi Huyen T did not know of and did not participate in the company’s operation, and the defendant was the person who directly made transactions and signed sales contracts with the aggrieved persons and did not let Pham Thi Huyen T participate. In 2017, Pham Thi Huyen T went to Lang Son with the defendant and visited Dang Xuan D’s house for a meal; Pham Thi Huyen T did not join the talk or get involved in these sales contracts. The defendant and Dang Xuan D also asserted that Pham Thi Huyen T was not involved in the business talk. Regarding the amount of VND 666. 500. 000 that Le Tuan D transferred to Pham Thi Huyen T’s account, the defendant and Pham Thi Huyen T both affirmed that the defendant transferred the money to Pham Thi Huyen T’s account of his own volition and Pham Thi Huyen T was not aware of the money’s origin. Therefore, there is no ground to charge Pham Thi Huyen T with aiding the defendant with his crime.

As for Dang Thi T, who introduced the defendant to the aggrieved persons for sales of the goods: According to documents collected, Dang Thi T only knew that there were goods to be sold to Dang Xuan D and Ton Thi T from the defendant and did not know exactly whether the defendant actually possessed such goods. Dang Thi T introduced the defendant to the aggrieved persons so that, if the defendant delivered the goods to Lang Son, Dang Thi T would receive and deliver the goods to the aggrieved persons for pay as promised by the defendant. Dang Thi T personally wished the sales contracts would be completed so that she could receive her pay. Dang Thi T had also not received any benefit from the defendant. Thus, there is no ground to charge Dang Thi T with complicity in obtaining property by fraud.

As for La Le M, who received VND 80.000.000, which the defendant took from Dang Xuan D’s deposit, the investigation result shows that: in 2015, via Facebook, the defendant met La Le T and asked La Le T to sell him edible bird's nests worth VND 105.500.000 so that he could sell them to a Chinese customer but he did not pay for these goods. La Le T contacted the defendant many times to ask him to pay. At first, the defendant gave the reason why he could not pay yet, and then he stopped answering La Le T’s calls. In May 2017, when La Le T was working in Malaysia, the defendant called to pay for the nests, so La Le T gave him the bank account number of La Le M (La Le T's sister) to receive VND 80. 000. 000. La Le M withdrew and gave this amount of money to La Le T. La Le M was not acquainted with Le Tuan D and did not know the reason why Le Tuan D transferred VND 80. 000. 000 into La Le M’s bank account. The investigation body confirms that La Le M and La Le T are not involved in the crime that Le Tuan D committed.

As for VND 20.000.000 that Nguyen Thanh H transferred to Le Tuan D on 09/6/2017, Dang Xuan D asked the defendant to use this amount to buy him a phone but the defendant could not buy it and did not return the money to Dang Xuan D. As Dang Xuan D confirmed that he did not wish to reclaim or take any legal action regarding this amount of money, the investigation body does not proceed further.

In the Charging Document No. 18/CT-VKS-P3 dated 11/3/2019 by Lang Son People's Procuracy, Le Tuan D was prosecuted for the crime of “obtaining property by fraud” according to Point a Clause 4 Article 139 of the 1999 Criminal Code.

At the trial, the representative of Lang Son People’s Procuracy upholds the prosecution decision and affirms that Le Tuan D appropriated VND 766.097.146 from Dang Xuan D and VND 994.500.000 from Ton Thi T. The defendant appropriated a total amount of VND 1. 760. 597. 146 from the aggrieved persons. Therefore, request the Trial Panel to pronounce Le Tuan D guilty of “obtaining property by fraud” according to Point a Clause 4 Article 139, Point p Clause 1 Article 46; and Point g Clause 1 Article 48 of the 1999 Criminal Code and sentence Le Tuan D to 14-15 years of imprisonment; and not impose a fine upon the defendant.

Compel the defendant to pay the amount that the defendant appropriated in damages to the aggrieved persons.

Regarding handling of evidences: request the Trial Panel to confiscate and dispose of 01 Vietnam - Laos laissez-passer belonging to the defendant as it is no longer valid.

The defendant shall incur the first-instance civil court fee and criminal court fee according to regulations.

The advocate for the defendant does not present any argument concerning the offence title and quoted articles. In terms of the penalty, the lawyer represents that, at today’s trial, the defendant has expressed a cooperative attitude and showed his repentance and desire to redeem his faults; additionally, the defendant’s biological father greatly contributed to the protection of the Fatherland despite not being awarded a "Resistance War" Order or Medal by the State. Currently, the defendant and his wife live separately, their family is facing difficulties and they have young children, so the lawyer requests the Trial Panel to consider applying the mitigating circumstance stated in Point p Clause 1 and Clause 2 Article 46 of the 1999 Criminal Code to alleviate the punishment imposed upon the defendant proposed by the representative of the Procuracy.

At the trial, Le Tuan D admits his crime in accordance with the Procuracy’s Charging Document, which is abuse of the trust of Mr. Dang Xuan D, Mrs. Ton Thi T and relevant persons Mrs. Dang Thi T and Mr. Nguyen Viet H to appropriate VND 1.760.597.146 despite having no frozen import and copper scrap import.

At the trial, Mr. Dang Xuan D requests Le Tuan D’s acts be strictly handled according to regulations of laws, and Mrs. Ton Thi T requests the Trial Panel to consider mitigating the defendant’s penalty. Concurrently, the aggrieved persons request the Trial Panel to compel the defendant to return the money he appropriated.

Mrs. Dang Thi T represents: as she was acquainted with Le Tuan D, when Le Tuan D said he was looking for someone to buy some frozen import and copper scrap import and would pay commission if the selling was successful, Mrs. Dang Thi T introduced Mr. Dang Xuan D and Mrs. Ton Thi T to Le Tuan D. Mrs. Dang Thi T did not discuss obtaining the aggrieved parties' property by fraud with Le Tuan D and did not benefit from such act.

Mr. Nguyen Viet Hong represents: in 2017, he went to Hai Phong to find goods, where he met Le Tuan D and Dang Thi T. Le Tuan D said he had chicken legs and pork legs, so Mr. Nguyen Viet Hong introduced him to Mr. Dang Xuan D for him and Mr. Dang Xuan D to sign a contract. If the contract were completed, Mr. Nguyen Viet Hong would receive commission from Mr. Dang Xuan D.

Mrs. Nguyen Thanh H represents: her husband, Mr. Dang Xuan D, signed a contract for the selling of frozen goods with the defendant but, as her husband was busy, he asked her to transferred VND 20.000.000 on 09/6/2017 and VND 166.554.945 on 11-8-2017 to the defendant. Now, she requests the Trial Panel to compel the defendant to return the money he appropriated to her husband. Regarding the amount of VND 20. 000. 000, her family does not wish to reclaim or take any legal action regarding this amount of money.

While speaking final words, Le Tuan D petitioned the Trial Panel to consider alleviating his penalty.

JUDGEMENT OF THE COURT

Based on the contents of the case, documents in the case file which had been argued at the trial, the Trial Panel finds that:

 [1] During the investigation, prosecution and hearing processes, procedural acts and decisions of presiding officers are compliant with regulations of laws on criminal procedure, procedural documents are delivered lawfully and sufficiently. No one has any opinion or complaint about the acts and decisions of the presiding agencies and presiding officers. Thus, the procedural acts and decisions of the presiding agencies and presiding officers are lawful.

 [2] Confessions provided by the defendant at the trial match statements provided by the aggrieved persons and persons with relevant rights and obligations and other documents in the case file. Therefore, there are sufficient grounds to conclude that: from April 2017 to August 2017, through Dang Thi T, Le Tuan D impersonated the director of Son Long Trading Services and Import-Export Co., Ltd. and spread the information that he had some frozen import (chicken legs, pork legs and pork intestines) and copper scrap import to build trust, from which he signed contracts with Mr. Dang Xuan D and Mrs. Ton Thi T with the deposits totaling VND 1. 790. 597. 146. Upon the delivery deadline, the defendant had no goods to deliver to the aggrieved persons. When the aggrieved persons contacted the defendant to reclaim their deposits, at first, the defendant gave a false reason to avoid returning the deposits, and then he broke off contact and made a getaway. On 15/3/2018, the defendant transferred VND 30. 000. 000 to Mr. Dang Xuan D; thus, the total amount of money appropriated by the defendant totaled VND 1. 760. 597. 146, in which, VND 994. 500. 000 are from Mrs. Ton Thi T and VND 766. 097. 146 are from Mr. Dang Xuan D. Therefore, Charging Document No. 18/CT-VKS-P3 by Lang Son People's Procuracy prosecuting Le Tuan D for the crime of “obtaining property by fraud” according to Point a Clause 4 Article 139 of the 1999 Criminal Code has sufficient grounds.

 [3] The defendant's offense is a threat to the society and has directly infringed upon the property rights of other people protected by law. The defendant abused the trust of other people to appropriate the aggrieved persons' money by fraud. The defendant's act is a disregard for the law, exerts an adverse effect on the public and causes a disturbance to public order and social security. Thus, the defendant must incur criminal liabilities arising from his crime. To impose a satisfactory penalty, help the defendant understand his wrongdoing as well as leniency in law, and enable the defendant to mend his way and return to the community as a good citizen, the Court has the following evaluations:

 [4] Regarding the defendant’s record: before he committed his crime, Le Tuan D did not have a good record. On 25-3-2002, the People’s Court of Vinh city, Nghe An sentenced him to 03 years 06 months in prison for illegal possession of narcotic substances; on 23-7-2008, he was fined for gambling by the police of Vinh city, Nghe An.

 [5] Regarding aggravating circumstances: Le Tuan D committed fraudulent acts to request relevant persons and aggrieved persons to transfer money to him multiple times, thus, his offence is aggravated due to its repetitive nature as provided for in Point g Clause 1 Article 48 of the 1999 Criminal Code.

 [6] Regarding mitigating circumstances: during the investigation process, Le Tuan D did not confess to his crime honestly. At the first-instance trial, Le Tuan D expresses a cooperative attitude and showed his repentance for his crime; thus, his penalty is mitigated according to regulations in Point p Clause 1 Article 46 of the 1999 Criminal Code. Regarding the lawyer’s opinion concerning the defendant’s father Mr. Le Xuan H, while Mr. Le Xuan H had contributed greatly to the protection of the Fatherland, he could not present any copy of the "Resistance War" Order or Medal, so the defendant’s penalty cannot be mitigated according to Clause 2 Article 46 of the 1999 Criminal Code.

 [7] Considering the nature, extent of consequences of the crime, aggravating and mitigating circumstances and record of the defendant, the Trial Panel decides to impose upon the defendant the penalty corresponding to his crime so as to educate the defendant and provide a deterrent for the whole society.

 [8] Regarding additional penalties: the investigation confirms that the defendant has no property and has yet to pay damages to the aggrieved persons. Therefore, the defendant is exempt from fines.

 [9] Regarding compensation liabilities: during the investigation process and at the trial, Mr. Dang Xuan D and Mrs. Ton Thi T both request the defendant to pay damages; thus, compel the defendant to pay VND 766.097.146 to Mr. Dang Xuan D and VND 994.500.000 to Mrs. Ton Thi T in damages. The defendant shall pay a total of VND 1. 760. 597. 146 in damages.

[10] Regarding evidences: confiscate and dispose of 01 laissez-passer belonging to the defendant, which is not involved in his crime, as it is no longer valid.

 [11] Based on the abovementioned analyses, it is found that it is necessary to accept the main penalty and exemption from additional penalties for the defendant proposed by the representative of the Procuracy as this proposal suits the findings of the Trial Panel. The request of the advocate for the defendant is unsuitable, so it is declined.

 [12] Regarding the first-instance criminal court fee: as Le Tuan D is sentenced, he shall incur the first-instance criminal court fee according to regulations in Clause 2 Article 136 of the 2015 Criminal Procedure Code and Point a Clause 1 Article 23 of Resolution No. 326/2016/UBTVQH14 dated 30/12/2016 by the Standing Committee of the National Assembly.

 [13] Regarding the first-instance civil court fee: Le Tuan D shall pay VND 766.097.146 to Mr. Dang Xuan D and VND 994.500.000 to Mrs. Ton Thi T in damages. The defendant shall pay a total of VND 1. 760. 597. 146 in damages. Thus, the defendant shall incur VND 64. 817. 914 of first-instance civil court fee with scale price of according to regulations in Clause 3 Article 21 and Clause 2 Article 26 of Resolution No. 326/2016/UBTVQH14 dated 30/12/2016 by the Standing Committee of the National Assembly.

[14] The defendant, aggrieved persons and persons with relevant rights and obligations have the right to appeal this Judgment as per the law.

Based on the abovementioned facts and matters,

HEREBY DECIDES

Pursuant to Point a Clause 4 Article 139, Point p Clause 1 Article 46, Point g Clause 1 Article 48 and Article 33 of the 1999 Criminal Code in Viet Nam.

Pursuant to Point c Clause 2 Article 106; and Clause 2 Article 136 of the 2015 Criminal Procedure Code in Viet Nam;

Pursuant to Article 585; Clause 1 Article 586; Clause 1 Article 589 and Clause 2 Article 357 of the 2015 Civil Code in Viet Nam;

Pursuant to Point a Clause 1 Article 23, Clause 3 Article 21 and Clause 2 Article 26 of the Resolution No. 326/2016/UBTVQH14 in Viet Nam dated 30/12/2016 by the Standing Committee of the National Assembly on rates, exemption, reduction, collection, payment, management and use of Court fees and charges.

1. Declare: Le Tuan D is guilty of “Obtaining property by fraud”;

Le Tuan D is sentenced to 14 (fourteen) years in prison; the sentence comes into effect from 20-7-2018.

2. Obligation to pay damages:

Compel Le Tuan D to pay VND 766.097.146 to Mr. Dang Xuan D and VND 994.500.000 to Mrs. Ton Thi T in damages.

Upon the entry into force of the Judgment, receipt of the request to execute the judgment from the judgment creditor, if the judgment debtor fails to settle the judgment debt by the given deadline, the judgment debtor shall incur monthly interest on the outstanding judgment debt according to regulations in Clause 2 Article 357 of the 2015 Civil Code.

3. Evidence handling: confiscate and dispose of 01 (one) Vietnam - Laos laissez-passer, number: NA4089/18BG/XNC, date of issuance: 30-3-2018; issuer: Nghe An police.

(The abovementioned evidence is temporarily retained in Lang Son Civil Enforcement Agency per the Evidence Delivery Record dated 11-3-2019).

4. Court fees: Le Tuan D shall incur VND 200.000 (two hundred thousand) of first-instance criminal court fee and VND 65.817.914 (sixty five million eight hundred seventeen thousand nine hundred fourteen) of first-instance civil court fee with scale price.

5. Right to appeal: the defendant, aggrieved persons and persons with relevant rights and obligations have the right to appeal this Judgment within 15 days starting from the date of pronouncement (17/6/2019).

In case the Judgment or court decision is enforced as per regulations in Article 2 of the Law on Enforcements of Civil Judgments in Viet Nam, the judgment creditor and the judgment debtor are lawfully allowed to reach an agreement on judgment enforcement, request judgment enforcement or be subject to voluntary or coercive judgment enforcement in accordance with regulations in Article 6, 7 and 9 of the Law on Enforcements of Civil Judgments; and the effective period of judgment enforcement is provided for in Article 30 of the Law on Enforcement of Civil Judgments.


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Judgment No. 21/2019/HS-ST dated 17/06/2019 on fraudulent appropriation of property

Số hiệu:21/2019/HS-ST
Cấp xét xử:Sơ thẩm
Agency issued: Tòa án nhân dân Lạng Sơn
Field:Hình sự
Date issued: 17/06/2019
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