Judgment no. 85/2022/HSPT for Fraudulent appropriation of property

 HIGH PEOPLE'S COURT IN DA NANG

JUDGMENT NO. 85/2022/HSPT NGÀY 23/03/2022 FOR FRAUDULENT APPROPRIATION OF PROPERTY

On March 23, 2022, at the headquarter of the People’s Court of Quang Binh province The High People's Court in Da Nang publicly conducted a second instance trial to try the criminal case No. 02/2022/TLPT-HS dated January 04, 2022 against defendant Ho Xuan A due to the defendant's appeal and the victim's appeal against the first-instance criminal judgment No. 51/2021/HS-ST dated November 24, 2021 of the People's Court of Quang Binh province.

- Appellant (defendant):

Ho Xuan A, born on August 3, 1980 in Thua Thien Hue; registered place of permanent residence: No. 76, L Street, T Ward, H City, Thua Thien Hue Province; ethic group: Kinh; nationality: Vietnam; religion: none; gender: Male; education level: 12/12; occupation: Businessman; son to Mr. Ho Xuan T1, born in 1952 and Mrs. Nguyen Thi G, born in 1954; wife: Mrs. Pham Hong D, born in 1982 (divorced in 2014) and a child, born in 2008; previous convictions and previous administrative violations: none

The defendant was arrested on December 16, 2020. He is currently detained at Quang Binh Police. The defendant is present at the trial.

- Appellants (victims):

1. Ms. Dao Thi N, born in 1982; residence: S hamlet, B commune, D city, Quang Binh province (present).

2. Ms. Nguyen Thi Th, born in 1976; residence: HD hamlet, B commune, D city, Quang Binh province (trial in absentia).

3. Ms. Nguyen Thi Th1, born in 1977; residence: MC hamlet, B commune, D city, Quang Binh province, present.

4. Ms. Nguyen Thi M, born in 1979; residence: MC hamlet, B commune, D city, Quang Binh province, present.

5. Ms. Pham Thi Anh Th2, born in 1981; residence: TB hamlet, B commune, D city, Quang Binh province, present.

6. Ms. Tran Thi H1, born in 1979; residence: S hamlet, B commune, D city, Quang Binh province, present.

7. Ms. Nguyen Thi Th3, born in 1979; residence: HT hamlet, B commune, D city, Quang Binh province, present.

8. Mr. Pham Minh V, born in 1991; residence: MC hamlet, B commune, D city, Quang Binh province, present.

-  Proceeding participant related to appeal:

Defender for Ho Xuan A: Lawyer Do Ngoc T2 – Legal Consulting Center of the Bar Association of Quang Binh Province; address: No. 30 T3 Street, D1 Ward, D City, Quang Binh Province, (present)

(There are 20 victims who have no appeal, the appellate trial panel did not summon).

- Individuals with related rights and obligations:

1. Ms. Hoang Thi S1, born in 1974; residence: HD hamlet, B commune, D city, Quang Binh province (present).

2. Mr. Le Van H2; residence: NQ hamlet, NT commune, B1 district, Quang Binh province (trial in absentia).

3. Ms. Pham Hong D; residence: TT hamlet,  TA commune, D3 district, Ca Mau province (trial in absentia).

4. Mr. Ho Xuan T4; residence: No. 76 L Street, T ward, H city, Thua Thien Hue province, (trial in absentia).

CONTENTS OF 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:

Ho Xuan A is the director of the branch of the A1 Vietnam Travel Company Limited which its headquarter is located at 45/6 O Street, Y Ward, Y1 District, Ho Chi Minh City. Although, the company is not licensed for provision of overseas study services, Ho Xuan A declared that the company could send people to study abroad. Then, Mr. A actively collected information and contacted people who have had demands for studying abroad in order to advise and provide some documents on studying abroad. Mr. A received documents and advance payment that is 130.000.000 VND/person, provided his bank account (060177949771) and promised that the students will depart within 3-6 months. Otherwise, the money will be refunded. With the above tricks, from July 2018 to April 23, 2019, Ho Xuan A appropriated a total amount of VND 3.720.000.000 of 28 people in Quang Binh province. To be specific:

First case: Via social networks, Mr. Nguyen Truong H3 knew that the A1 Vietnam Travel Company Limited provides overseas study and tourism services. At the beginning of 2018, Mr. H3 actively contacted Ho Xuan A. Mr. A claimed that he could send the grandson of Mr. H3, Nguyen Hai K, to Canada as an international student and Mr. K can accompany his mother.  When Mr.K and his mother get to Canada, Mr.K would study and work to earn extra income. The initial cost is 130.000.000 VND. Mr. Nguyen Truong H3 believed Mr.A, so he completed the documents and procedures and transferred them to Mr. A. In August 2018, Ho Xuan A called Mr. H3 to inform about payment for tuition of the school in Canada and request him to pay 130.000.000 VND. On August 22, 2018, Mr. Nguyen Truong H3 came to CoopBank in XN commune, Q district, Quang Binh province to transfer VND 130.000.000 to Mr.A's bank account (060177949771). After receiving the money, Mr. A appropriated the money without fulfilment of promise.

Second case: June 2018, Ms. Hoang Thi S1 and her grandchild met Ho Xuan A in Ho Chi Minh City while following procedures for going abroad.  At that time, Mr. A said to Ms. S1 that his company was receiving overseas study applications. In case of any relatives who have had demands for studying in Canada, Mr.A would contact them, received documents and money and send them to study abroad within 3-6 months. The initial cost is 130.000.000 VND/person Ms. S1 believed Mr.A. Therefore, on July 2018, Ms. S1 completed procedures for her relatives to study in Canada. When informed, some people living in B commune, D city, Quang Binh province asked Ms.S1 to contact Ho Xuan A to complete procedures for their children to study in Canada, including:

1. Ms. Dao Thi N completed procedures for studying in Canada for her daughter, Le Thi Khanh H4, with an amount of VND 130.000.000.

2. Ms. Nguyen Thi Th completed procedures for studying in Canada for her children, Nguyen Van P1 and Nguyen Thi Nhu Quynh, with an amount of VND 210.000.000.

3. Ms. Lai Thi Q2 completed procedures for studying in Canada for her son, Nguyen Anh K1, with an amount of VND 130.000.000.

4. Ms. Nguyen Thi Th4 completed procedures for studying in Canada for her daughter, Nguyen Thi Kieu V1, with an amount of VND 130.000.000.

5. Ms. Nguyen Thi M completed procedures for studying in Canada for her daughter, Nguyen Thi Th1 L2, with an amount of VND 130.000.000.

6. Ms. Pham Thi Anh Th2 completed procedures for studying in Canada for her daughter, Pham Thi Mai L1, with an amount of VND 130.000.000.

7. Ms. Tran Thi H1 completed procedures for studying in Canada for her son, Truong Hoang Ng, with an amount of VND 130.000.000.

8. Ms. Nguyen Thi N3 completed procedures for studying in Canada for her daughter, Vo Thi Truong G1, with an amount of VND 130.000.000.

9. Mr. Pham Minh V completed procedures for studying in Canada, with an amount of VND 130.000.000.

10. Ms. Nguyen Thi Th6 completed procedures for studying in Canada for her daughter, Ho Thi Nh, with an amount of VND 130.000.000.

11. Ms. Nguyen Thi Y completed procedures for studying in Canada for her son, Lai Tan H5, with an amount of VND 130.000.000.

12. Ms. Tran Thi Huong H6 completed procedures for studying in Canada for her son, Tran Tien Ph, with an amount of VND 130.000.000.

13. Ms. Nguyen Thi Ngoc A3 completed procedures for studying in Canada for her son, Le Duc Kh, with an amount of VND 130.000.000.

14. Ms. Nguyen Thi Le H7 completed procedures for studying in Canada, with an amount of VND 130.000.000.

15. Ms. Hoang Thi D completed procedures for studying in Canada for her son, Nguyen Hoang V3, with an amount of VND 130.000.000.

16. Ms. Hoang Bich Th6 completed procedures for studying in Canada for her daughter, Hoang Thi Dieu Q1, with an amount of VND 130.000.000.

17. Mr. Pham Trung K2 completed procedures for studying in Canada, with an amount of VND 130.000.000.

From June 2018 to March 2019, Ms. Hoang Thi S1 transferred VND 2.290.000.000 to Mr.A’s bank account (060177949771)

Third case: Through people living in the same commune, Ms. Nguyen Thi S1 knew that the A1 Vietnam Travel Company Limited provides “Study in Canada”. July 2018, Ms. S1 contacted Ho Xuan A to complete procedures for her son, Ho Van Q2, to study abroad. During the conversation, Mr.A claimed that he could complete procedures and send her son to study in Canada and a relative could accompany him and her son would come to Canada to study within 3-6 months. The initial cost is 130.000.000 VND. The amount would be paid for the School in Canada.  Ms. S1 believed Mr.A. On July 26, 2018, her son Ho Van Q2 went to Sacombank - Quang Binh branch and transferred VND 130.000.000 to Mr.A's bank account (060177949771). After that, Ms. S1 and her family did not receive any information from Mr.A. She tried to contact Mr.A many times but she failed.

Fourth case: Ms. Ngo Thi Ng1 received information from Ms. Nguyen Thi S1, so in mid-2018, Ms. Ng1 contacted Ho Xuan A to complete procedures for her son, Nguyen Van Nhat L4, to study in Canada. Ho Xuan A also provided the same information that he told Ms. Hoang Thi S1 and Ms. Nguyen Thi S1 about sending people to study abroad. Ms. Ngo Thi Ng1 believed Mr.A. Therefore, Ms. Ng1 asked Ho Van Q2 (her son) to transfer money to Mr.A's bank account (060177949771) twice, with a total amount of VND 130.000.000. After that, Ms. Ng1 and her family did not receive any information from Mr.A. She tried to call and contact Mr.A many times but she failed

Fifth case: Ms. Nguyen Thi Quynh Tr wanted to go abroad, so she found out information from Internet and knew that the A1 Vietnam Travel Company Limited provides overseas study services. On September 2018, Ms. Tr contacted Ho Xuan A. Mr. A confirmed that he could send Ms. Tr to study in Canada with an amount of VND 130.000.000.  Ms.Tr believed Mr.A, Ms. Tr prepared procedures and documents and then transferred them to Mr. A. In October 2018, Ms. Tr went to Ho Chi Minh City to directly meet Mr.A. Mr.A committed that he could complete procedures for sending Ms. Tr to study in Canada within 3-6 months. On October 05, 2018, Ms. Tr transferred VND 130.000.000 to Mr.A's bank account (060177949771) via Vietcombank - Quang Binh branch. However, after 3 months, Ms. Tr and her family did not receive any information from Mr.A. She contacted Mr.A many times but she failed.

Sixth case: On October 2018, Mr. Le Van H2 (residing in NQ village, NT commune, B district, Quang Binh province) was going to send his sister abroad. He, by chance, met Ho Xuan A in Ho Chi Minh City and Mr.A claimed that he could send students to study abroad within 3-6 months. The initial cost is 130.000.000 VND/person. Mr.H2 believed Mr.A. Therefore, Mr. Le Van H2 provided the information for people living in B district, Quang Binh province to complete procedures for studying in Canada. To be specific:

1. Ms. Pham Thi M completed procedures for studying in Canada for her son, Truong Van V4, with an amount of VND 130.000.000.

2. Mr. Ho Nh1 completed procedures for studying in Canada for her son, Ho Van T6, with an amount of VND 130.000.000

3. Ms. Le Thi Ph1 completed procedures for studying in Canada for her son, Pham Van M2, with an amount of VND 130.000.000.

4. Ms. Nguyen Thi L4 completed procedures for studying in Canada for her children and grandchildren, Nguyen Van Th5, Nguyen Thi D1, Nguyen Van H7 and Nguyen Van T7 with a total amount of VND 520.000.000.

From October 18, 2018 to March 22, 2019, Mr. Le Van H2 transferred VND 91.000.000 to Mr.A’s  bank account (060177949771).

After receiving money and documents of 28 victims who are above mentioned, Ho Xuan A did not fulfill his promise. He appropriated VND 3.720.000.000 for personal use.

Civil liability:

- Before and after prosecution of the case, Mr. Ho Xuan A and Mr. Ho Xuan T4 (Mr.A's father) returned VND 460.000.000 to the victims, including: Ms. Dao Thi N (VND 40.000.000), Ms. Nguyen Thi Th (VND 50.000.000), Ms. Lai Thi Nhu Q (VND 50.000.000), Ms. Nguyen Thi Thl (VND 10.000.000), Ms. Nguyen Thi M (VND 10.000.000), Ms. Pham Thi Anh Th2 (VND 40.000.000), Ms. Tran Thi H1 (VND 40.000.000), Ms. Nguyen Thi Nam (VND 10.000.000), Ms. Nguyen Thi Th3 (VND 30.000.000), Ms. Nguyen Thi Y (VND 10.000.000), Mr. Nguyen Truong H3 VND (15.000.000), Ms. Ngo Thi Ng1 (VND 15.000.000), Ms. Nguyen Thi S1 (VND 15.000.000) and Ms. Nguyen Thi Quynh Tr (VND 15.000.000).

- Ms. Hoang Thi S1 returned money to 06 victims, including: Ms. Tran Thi Huong H (VND 130.000.000), Ms. Nguyen Thi Ngoc A3 (130.000.000), Ms. Nguyen Thi Le H7 (VND 130.000.000), Ms. Hoang Thi D (130.000.000), Mr. Hoang Bich Th6 (VND 130.000.000) and Mr. Pham Trung K2 (VND 130.000.000). Ms. Hoang Thi S1 received VND 70.000.000 from the family of Ho Xuan A.

- Mr. Le Van H2 returned money to 07 victims, including Ms. Pham Thi M1 (VND 130.000.000), Mr. Ho Nh (VND 130.000.000), Ms. Le Thi Phang (VND 130.000.000) and Ms. Nguyen Thi L1 (VND 520.000.000). Mr. Le Van H2 received VND 40.000.000 from the family of Ho Xuan A.During the investigation, Ms. Hoang Thi S1 voluntarily transferred VND 56.000.000 (travel expenses for procedures) to the account of the Department of Civil Judgment Exforcement of Quang Binh province for return to the victims who paid Ms. S1.

At the first-instance criminal judgment No. 51/2021/HS-ST dated November 24, 2021 at the People's Court of Quang Binh province:

Pursuant to Point a, Clause 4, Article 174; Points b and s Clause 1 and Clause 2 Article 51; Point g, Clause 1, Article 52 and Article 38 of the Criminal Code:

Sentence Ho Xuan A to 15 (fifteen) years’ imprisonment for “Fraudulent appropriation of property” The sentence period shall commence from December 16, 2020

Pursuant to Article 48 of the Criminal Code.

- Ho Xuan A has to pay the following amounts to the victims, including Dao Thi N (VND 90.000.000), Nguyen Thi Th (VND 160.000.000), Lai Thi Q (VND 80.000.000); Nguyen Thi Th1 (VND 120.000.000), Nguyen Thi M (VND 120.000.000), Pham Thi Anh Th2 (VND 90.000.000), Tran Thi H1 (VND 90.000.000), Nguyen Thi N2 (VND 120.000.000), Nguyen Thi Th3 (VND 100.000.000), Nguyen Thi Y (VND 120.000.000), Nguyen Thi Quynh Tr (VND 115.000.000), Nguyen Thi S1 (VND 115.000.000), Ngo Thi Ng1 (VND 115.000.000), Mr. Nguyen Truong H3 (VND 115.000.000) and Mr Pham Minh V (VND 130.000.000). Ho Xuan A shall pay a total amount of VND 1.680.000.000 to the victims

- Ho Xuan A shall pay VND 710.000.000 for Hoang Thi S1 and VND 870.000.000 for Mr. Nguyen Van H2

Ms. Hoang Thi S1 voluntarily transferred the money to the temporary deposit account of the Department of Civil Judgment Enforcement of Quang Binh province to return to the victims. To be specific: Ms. Pham Thi Anh Th2 (VND 11.500.000), Ms. Tran Thi H1 (VND 11.500.000), Ms. Nguyen Thi Th3 (VND 11.500.000), Ms. Nguyen Thi N (VND 11.500.000) and Mr. Pham Minh V (VND 10.000.000). Total: VND 56.000.000

In addition, the first-instance judgment also determines the handling of material evidence, legal fees and the right to appeal the case according to the law.

- On November 26, 2021, the defendant Ho Xuan A appealed for reduction in the penalty

- On December 03, 2021, Ms. Tran Thi H1, Nguyen Thi Th, Nguyen Thi Th1 and Mr. Pham Minh V appealed, proposed criminal prosecution against Ms. Hoang Thi S1 and forced Ms. S1 to return the money to Ms. H1 (VND 90.000.000), Ms.Th (VND 160.000.000), Ms Th1 (VND 120.000.000) and Mr. V (VND 140.000.000).

- On December 06, 2021, Ms. Nguyen Thi Th3, Ms. Pham Thi Anh Th2, Ms. Dao Thi N and Ms. Nguyen Thi M appealed, proposed criminal prosecution against Ms. Hoang Thi S1 and forced Ms. S1 to return the money to Ms. Th3 (VND 100.000.000), Ms.Th2 (VND 90.000.000), Ms N (VND 90.000.000) and Ms. M (VND 120.000.000).

On the basis of the case details, according to the case files and evidence that have been involved in the litigation at the court.

JUDGEMENT OF THE COURT

[1]. After the first-instance trial, the defendant Ho Xuan A and the victim appealed the judgment.  The letters of appeal of the defendant and the victim fall into the time limit specified in Clause 1, Article 333 of the Criminal Procedure Code. Therefore, the trial panel decided to bring the case to the second instance trial.

The victim Ms. Nguyen Thi Th appealed, but she was absent without reasons.  It is deemed that the absence of Ms.Th is not due to force majeure or objective obstacles. Pursuant to Point b, Clause 1, Article 351 of the Criminal Procedure Code, the appellate trial panel decided to conduct the second instance trial with the absence of Ms. Nguyen Thi Th.

At the court, the defendant and the victims (present) upheld the content of the appeal. The representative of the Supreme People's Procuracy of Vietnam in Da Nang requested the appellate trial panel not to accept the appeal of the defendant Ho Xuan A and the victims and to affirm the first instance judgment according to Point a, Clause 1, Article 355 and Article 356 of the Criminal Procedure Code:

During the argument, the defendant Ho Xuan A and his defender agreed on the charge decided by the first-instance court. However, the defendant had criminal responsibility mitigating circumstances. In particular, after committing crime, the defendant testified with an honest attitude, showed repentance, voluntarily paid the amount that the defendant appropriated in damages to the victims. In addition, some victims pleaded with the trial panel to reduce the penalties for the defendant and Mr.A’s father is a person with meritorious services to the revolution. Therefore, the appellate trial panel is requested to reduce the penalty for the defendant.  

The victims including Ms. Dao Thi N, Ms. Pham Thi Anh Th2, Ms. Nguyen Thi Th3, Ms. Nguyen Thi Th1, Ms. Nguyen Thi M, Ms. Tran Thi H1 and Mr. Pham Minh V requested that Ms. Hoang Thi S1 shall be investigated as an accomplice must be verified, since she directly received the money to complete procedures for studying abroad for the victims’ children. They are not the victims of Ho Xuan A. They are the victims of Ms. Hoang Thi S1, so Ms. S1 must directly return the money to them.

Ms. Hoang Thi S1 proposed disapproval of appeals of the victims, since she only assisted the victims to transfer the money to Ho Xuan A. In fact, she transferred the money to Mr.A. She did not appropriate the money, so she was not responsible for returning all the money. She only returned travel expenses that she received from some victims; at the same time, Ms. S1 requested the defendant to return the money that she returned to some victims to her.

[2]. Considering the appeal of the defendant:

[2.1] Charge:

Ho Xuan A is the director of the branch of the A1 Vietnam Travel Company Limited. Although, the defendant knew that the company is not licensed to send people to study abroad, he still provided false information to make many people believe otherwise.   With the above tricks, from July 2018 to April 23, 2019, Ho Xuan A appropriated a total amount of VND 3.720.000.000 of 28 people in Quang Binh province for personal use.

With the above offense, the defendant Ho Xuan A is sentenced to the "Fraudulent appropriation of property "charge by the People's Court of Quang Binh province according to Point a, Clause 4, Article 174 of the Criminal Code. This is well-grounded and legal.

[2.2]. Penalty:

The defendant's offense is a threat to the society and has directly infringed upon the property rights of other people protected by law In a short time, the defendant committed the crime many times and appropriated a relatively large amount of money, so it is necessary to punish the defendant with a severe punishment. However, the defendant had criminal responsibility mitigating circumstances. In particular, after committing the charge, the defendant testified with an honest attitude, showed repentance, voluntarily paid the amount that the defendant appropriated in damages to the victims. In addition, some victims pleaded with the trial panel to reduce the penalty for the defendant and Mr.A’s father is a person with meritorious services to the revolution. Mr.A also has the difficult family circumstances. Pursuant to Points b and s Clause 1, Clause 2, Article 51 of the Criminal Code, the People's Court of Quang Binh province sentenced Ho Xuan A 15 to (fifteen) years’ imprisonment for his offense and the consequences that the defendant has caused.

The defendant appealed for reduction in the penalty. However, at the appellate court, the defendant failed to provide evidence to prove that there were new criminal responsibility mitigating circumstances. At the same time, the defendant committed the particularly severe offense, he must be isolated from social environment for a long period of time. Hence, it is possible to educate, rectify the defendant and prevent the charge Therefore, the trial panel did not reduce the penalty for the defendant.

Thus, the defendant's appeal was considered by the appellate trial panel, the acceptance is not well-grounded.

[3]. Considering the appeal of the victim:

- With regard to the appeal against criminal prosecution against Ms. Hoang Thi S1:

According to the case files and evidence that have been involved in the litigation at the court, the appellate trial panel forms the judgments as follows: When Ms. Hoang Thi S1 saw her family member(s) off who went abroad, Ms. Hoang Thi S1, by chance, met Ho Xuan A in Ho Chi Minh City. Mr. A actively said that his company could send people to study in Canada. The fee is lower than that of other companies. Mr.A suggested that Ms. S1 should provide the information for people who had demands for studying abroad to help them.  Ms. S1 believed Mr.A, so she transferred money to Mr. A in order to complete procedures for her grandchildren. After that, when informed, other victims met Ms. S1 to ask for help. After receiving the money from the victims, Ms. S1 transferred all money to the account of Ho Xuan A. Thus, subjectively, Ms. Hoang Thi S1 did not know that Ho Xuan A provided false information and she transferred her money to Mr.A to complete procedures for her grandchildren. At the same time, Ms. S1 also did not receive any benefit from the money that she transferred to Mr.A. Therefore, the criminal prosecution against Ms. Hoang Thi S1 is not well-grounded

- With regard to the appeal that requests Ms. Hoang Thi S1 to pay the money for the victims:

During the investigation, Ms. Hoang Thi S1 voluntarily returned the money to the victims, including Ms. Tran Thi Huong Hue (VND 130.000.000), Ms. Nguyen Thi Ngoc A3 (VND 130.000.000), Ms. Nguyen Thi Le H7 (VND 130.000.000), Ms. Hoang Thi D (VND 13.000.000), Mr. Hoang Bich Th6 (VND 130.000.000) and Mr. Pham Trung K2 (VND 130.000.000).

With regard to the remaining money of other victims, Ms. S1 transferred all the money to Ho Xuan A. Thus, the People’s Court of Quang Binh province “forced Ho Xuan A to pay the money for the victims, including Dao Thi N (VND 90.000.000), Nguyen Thi Th (VND 160.000.000), Nguyen Thi Th1 (VND 120.000.000), Nguyen Thi M (VND 120.000.000), Pham Thi Anh Th2 (VND 90.000.000), Tran Thi H1 (VND 90.000.000), Nguyen Thi Th3 (VND 100.000.000) and Mr. Pham Minh V (VND 130.000.000).”

Hence, the appeals of victims, including Ms.Tran Thi H1, Ms. Nguyen Thi Th, Ms. Nguyen Thi Th1, Ms. Nguyen Thi Th3, Ms. Pham Thi Anh Th2, Ms. Dao Thi N, Ms. Nguyen Thi M and Mr. Pham Minh V was considered by the appellate trial panel. The acceptance is not well-grounded

[4] . In case of other decisions of the first-instance judgment without appeal, being appealed or protested, the appellate trial panel does not consider the decisions

[5] . Court fee:

Since the appeal was not approved, Ho Xuan A shall incur the second-instance criminal court fee in accordance with the law.

The appellants (victims) shall not incur the court fee.

For the above reasons;

HEREBY DECIDES

1. Pursuant to Point a Clause 1 Article 355 and Article 356 of the Criminal Procedures Code

- Reject the appeal of the defendant  Mr. Ho Xuan A.

- Reject the appeals of victims: Ms.Tran Thi H1, Ms. Nguyen Thi Th, Ms. Nguyen Thi Th1, Ms. Nguyen Thi Th3, Ms. Pham Thi Anh Th2, Ms. Dao Thi N, Ms. Nguyen Thi M and Mr. Pham Minh V.

- Affirm the first-instance criminal judgment No. 51/2021/HS-ST dated November 24, 2021 of the People's Court of Quang Binh province:

2. Criminal liability:

Pursuant to Point a, Clause 4, Article 174; Points b and s Clause 1 and Clause 2 Article 51; Point g, Clause 1, Article 52 of the Criminal Code:

Sentence Ho Xuan A 15 (fifteen) years’ imprisonment for “Fraudulent appropriation of property” The sentence period shall commence from December 16, 2020

3. Civil liability: Pursuant to Article 48 of the Criminal Code; Articles 584, 585, 586 and 589 of the Civil Code

- Force Ho Xuan A to pay the money for the victims, including Dao Thi N (VND 90.000.000), Nguyen Thi Th (VND 160.000.000), Nguyen Thi Th1 (VND 120.000.000), Nguyen Thi M (VND 120.000.000), Pham Thi Anh Th2 (VND 90.000.000), Tran Thi H1 (VND 90.000.000), Nguyen Thi Th3 (VND 100.000.000) and Mr. Pham Minh V (VND 130.000.000).

4. Decision on compensation for other victims and decision on evidence disposal and first-instance court fee shall comply with the first-instance criminal judgment No. 51/2021/HS-ST dated November 24, 2021 of the People's Court of Quang Binh province.

5. Court fee:

Pursuant to Point b, Clause 2, Article 23 of Resolution No. 326/2016/NQ-UBTVQH14 dated December 30, 2016 of the National Assembly Standing Committee on court costs and fees and remission, collection, payment, management and use thereof.

- The defendant Ho Xuan A shall incur the second-instance criminal court fee (VND 200.000)

6. The Judgment comes in to force from the date of verdict 


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Judgment no. 85/2022/HSPT for Fraudulent appropriation of property

Số hiệu:85/2022/HSPT
Cấp xét xử:Phúc thẩm
Agency issued: Tòa án nhân dân cấp cao
Field:Hình sự
Date issued: 23/03/2022
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