Verdict No. 22/2017/HSST dated September 13, 2017 on organizing others to flee abroad

THE PEOPLE’S COURT OF TUYEN QUANG PROVINCE

VERDICT NO. 22/2017/HSST DATED SEPTEMBER 13, 2017 ON ORGANIZING OTHERS TO FLEE ABROAD

On September 13, 2017, at the office of the People's Court of Tuyen Quang Province, the trial of the first instance of the criminal case No. 17/2017/HSST dated August 16, 2017 was opened against the defendants:

1. Vu Thi T, born on May 19, 1968, in District P, Hanoi City.

Registered permanent residence and address: Village T, Commune X, District Y, Tuyen Quang Province; occupation: farmer; education level: 5/10; father: Vu Van H (died) and mother: Dang Thi Q, born in 2963; husband: Nguyen Ngoc H, born in 1963; children: 4 children (the oldest one was born in 1987, the youngest one was born in 1994); previous administrative penalties, previous convictions: none.

The defendant was detained from April 3, 2017 and has been currently detained in Tuyen Quang Police Detention Center; present.

2. Nguyen Ngoc H (other name: C), born on July 15, 1994, in Xuan Van Commune, Yen Son District, Tuyen Quang Province.

Registered permanent residence and address: Village T, Commune X, District Y, Tuyen Quang Province; occupation: freelancer; education level: 9/12; father: Nguyen Ngoc H, born in 1963; mother: Vu Thi T, born in 1968; wife: Pham Nguyet H, born in 1995; children: 01 child (born in 2015); previous administrative penalties, previous convictions: none; being out on bail; present.

* Person with related interests and obligations:

1. Ms. Ly Thi T1, born in 1989; absent.

2. Ms. Ban Thi T2, born in 1988; absent (request for trial in absentia).

3. Mr. Truong Van T3, born in 1987; absent (request for trial in absentia).

4. Ms. Ly Thi L, born in 1980; absent (with the request for trial in absentia).

5. Mr. Ly Van Q, born in 1998; absent.

6. Mr. Ly Van H1, born in 1998; absent.

7. Ms. Ban Thi H2, born in 1981; absent.

8. Mr. Nguyen Thanh K, born in 1989; absent.

9. Mr. Ban Van T4, born in 1993; absent.

10. Mr. Ha Dong L1, born in 1992; absent.

11. Ms. Ly Thi T3, born in 1990; absent.

Co-residing in: Village D, Commune X, District Y, Tuyen Quang Province;

12. Ms. Duong Thi H4, born in 1980; absent.

Residing in: Village V, Commune X, District Y, Tuyen Quang Province;

13. Ms. Tran Thi T5, born in 1995; absent.

Residing in: Village P, Commune C, District Y, Tuyen Quang Province;

14. Ms. Tuong Thi H5, born in 1992; absent.

Residing in: Village D, Commune X, District Y, Tuyen Quang Province;

15. Mr. Tuong Van T6, born in 1994; absent.

Residing in: Village L, Commune X, District Y, Tuyen Quang Province;

16. Ms. Tran Thi T7, born in 1984; absent.

Residing in: Village E, Commune P, District Y, Tuyen Quang Province;

17. Mr. Tran Van T8, born in 1992; absent.

Residing in: Village A, Commune P, District Y, Tuyen Quang Province;

FINDING THAT

The defendants Vu Thi T, Nguyen Ngoc H were prosecuted by the People’s Procuracy of Tuyen Quang Province for the following criminal offenses:

In 2015, Vu Thi T, residing in Village T, Commune X, District Y, Tuyen Quang Province, worked as a laborer  in a textile mill in Fujian Province, China and got acquainted with a Chinese woman, a people smuggler who often organize people to cross border to China illegally. In the Lunar New Year in 2016, before T went home for Tet holiday, the owner of the textile factory told T to return to Vietnam and seek more laborers, T would be paid remuneration of 100 yuan per each new laborer as deducted from their wage (on the condition that the new laborer has to work at the factory for at least 6 months), T agreed. Returning to Vietnam, T told some people about the high-paying job in China, T would take them together if they accept this job offer. Many people in Commune X, District Y asked T to take them together to work in China. From 2016 to 2017, T has organized 06 times for 31 people and Nguyen Ngoc H (T’s son), and once organized 02 people to flee to China, in specific:

The first time: In the middle of February 2016, T was staying at home in Commune X, Ms. Ly Thi T1 who lives in Village D, Commune X, District Y called T and asked T to take her to China to work. T told T1 that T would apply for T1 to work in a textile factory with the wage of from 2,000 yuan to 4,000 yuan per month (about VND 6,000,000 to VND 12,000,000), 8 hours a day. T required T1 to pay T VND 5,000,000 for the travel cost from Lang Son border checkpoint to China. For the fare from Tuyen Quang to Lang Son, T1 has to pay for herself. T1 agreed. Then T informed the owner of the textile factory that a new laborer was going to arrive.

On February 26, 2016, T told T1 to go to the Tuyen Quang bus station, then T picked up T1 and had T1 get on a coach to Lang Son, T took T1 to Chi Ma border checkpoint, Lang Son. After that, T asked A to pick T1 up at the checkpoint, and T gave the driver VND 3,500,000 and asked the driver to give it to A because T had to return home for some personal affairs. At the border checkpoint, T1 asked a man to pick up T1 and take T1 to cross the border through forests to China, at the textile factory in Fujian Province, China. On the way from the bus terminal to the textile factory in Fujian Province, T1 bought the bus ticket at her expense and traveled alone. 2 days later, T called the factory owner to inform that T1 arrived at the workplace. T earned VND 1,500,000 of remuneration.

The second time: In the middle of March 2016, while T was staying at home, Mrs. Ban Thi T2, residing in Village D, Commune X called T and asked T to take T2 and T2's husband Mr. Truong Van t3 to China to do manual work. T agreed and also told T2 about the work, workplace, and wage as told to T1, and T asked the couple to pay VND 5,000,000 each for the cost of crossing border to China to the workplace. T2 agreed and told T that they and T3 had worked as laborers in City L. T told T2 that they would depart two days later and asked T2 and T3 to meet up at an eatery at the crossroad M, City L. T would pick them up. Two days later, T arrived at the crossroad M and called T2 and T3. T2 paid T VND 10,000,000 for 2 people. Then, T caught a coach to take T2 and T3 to the border checkpoint C and called A to pick them up. At the border checkpoint, A asked a man to pick up T, T2 and T3 and take them to cross the border along a trail to the textile factory in Fujian Province, China. T gave the man VND 10,500,000 as the cost of crossing border of T, T2 and T3 (VND 3,500,000 each). Regarding the remaining VND 3,000,000 that T received from T2 and T3, T spent VND 1,400,000 on the bus tickets from the bus terminal in China to the textile factory in Fujian Province and VND 1,600,000 on her personal affairs.

The third and fourth time: In early March 2016, when T was in China, Ly Thi L, Ly Van Q, Ly Van H1, Ban Thi H2, Nguyen Thanh K, Ban Van T4, Ha Dong L1, Ly Thi H3, co-residing in Village D, Commune X; Duong Thi H4, residing in Village V, Commune X; Tran Thi T5, residing in Village P, Commune C, District Y asked T to take them to China to work. T agreed and told them about the work, workplace and wage as told to T1 and T2 couple. T asked each person to pay T VND 5,000,000 to cover the travel cost from Lang Son to China; the cost from Tuyen Quang to Lang Son would be at their expenses. Because there were many people, T returned to Vietnam to pick them up. Seeing that T could bring many people to China to work, the owner of textile factory gave T 2,800 yuan, equivalent to VND 9,500,000 in order for T to pick them up.

About a week later, T asked these 10 people to meet up at the Tuyen Quang bus terminal, T would pick them up there and took them to China. As scheduled, these people gathered at the Tuyen Quang bus terminal, T caught a coach for them to an eatery at the crossroad M, City L. Here, T told everyone to pay money to T, but only Ms. Duong Thi H4 paid T VND 5,000,000, the others told that they would pay when they arrived at the border. Then, T called and asked A to pick T and 10 people up. A agreed and told T to take people to the border checkpoint C; A would let a guide to pick them up. T took a car to transport 10 people to the border checkpoint C, and then a strange man picked them up and took them to a house located near the border. Here, T continued collecting money from the rest 9 people, VND 5,000,000 each. T collected money from 10 people VND 50,000,000 in total. T gave the male guide VND 38,500,000 (including crossing border fee of T VND 3,500,000). Then the guide led T and 10 people cross the border along the forest trail to China. In China, there was a car waiting for T and 10 people to the workplace. When arriving in Guangxi, China, T and 10 people were checked by the Chinese police and were discovered as Vietnamese people who immigrated illegally. They were detained certain days and then were deported back to Vietnam.

After coming back to Vietnam, in the middle of March 2016, Ly Thi L, Ly Van Q, Ly Van H1, Ban Thi H2, Nguyen Thanh K, Ban Van T4, Ha Dong L1, Ly Thi H3, Duong Thi H4 and Tran Thi T5 demanded T their paid sums of money back as T failed to take them to China to work. T called A and A replied that A would continue to take them to cross border to China without charging extra fees as the coverage of the failed first trip. T informed everyone that T would continue to send them to China without charging additional fees. Anyone who refused to join this trip would not be able to be refunded. Then, these 10 people accepted to join this trip. On March 19, 2016, T took these 10 people to the border checkpoint C, Lang Son. Then T called A and A let a male guide to pick them up and take them to China. Arriving in Fujian Province, T let them work at the textile factory.

T collected money from 10 people VND 50,000,000 in total. The cost to cross the border to the bus terminal in China was VND 35,000,000; the amount spent on tickets from the bus terminal to the textile factory was VND 7,000,000, T earned the total of the remaining amount of VND 8,000,000 plus (+) the remuneration that the owner of textile factory paid T VND 9,500,000 = VND 17,500,000.

The fifth time: In April 2016, while T was staying in China, Ms. Tuong Thi H5 and Mr. Tuong Van T6 who live in Village D, Commune X, District Y called T and asked T to take them to China to work. T agreed and told H5 and T6 about the work and wage as told to prior laborers. Because of busy work, T could not pick them up, so T told them to come to T's house and meet Nguyen Ngoc H (T’s son) for discussion. Then, T called H and told H to tell H5 and T6 more about the work and wage in China and collect them VND 5,000,000 each of the cost to cross the border. Furthermore, T told H to take them to the crossroad M, City L, T would ask a guide to pick them up and take them to cross the border to China.

After reaching an arrangement with T, T6 and H5 met Nguyen Ngoc H. H told H5 and T6 details about the work and wage as T said and required them to pay H VND 5,000,000 each of the cost to cross the border. However, they had to pay the travel cost from Commune X to Lang Son by themselves, H5 and T6 agreed.

On April 22, 2016, H picked up H5 and T6 at Tuyen Quang bus terminal and caught a coach for them to the crossroad M, City L. Here, H5 and T6 paid H VND 5,000,000 each, totaling VND 10,000,000. Upon arrival, H informed T that they had arrived. Then, T asked A to let a driver to pick up H5 and T6. Furthermore, T told H to give the driver VND 7,000,000 as the cost to cross the border, VND 3,500,000 each. The remaining VND 3,000,000 H may keep for household use. After a while, a driver came to pick up H5 and T6. H gave the driver the amount as T told. When they arrived at the bus terminal, T picked up H5, T6 and spent VND 1,400,000 on the tickets to the textile factory in Fujian Province. H returned home in Commune X after that.

The sixth time: Around March 2017, T was staying at home in X, Tran Thi T7, Tran Van T8 and 04 others (unknown names), co-residing in Commune P, District Y, Tuyen Quang Province asked T to take them to China to work. T agreed and told them about the work in a textile factory in Fujian Province, China, about their wages and working hours as told to prior laborers, in addition, T told that she would not take them this time but ask a guide to take them cross the border to the workplace in China. T required 6 people pay T VND 700,000 each for T to introduce and apply for their jobs at the textile factory in Fujian, they agreed, of which 5 people paid enough money VND 700,000 each and one person paid VND 500,000, totaling VND 4,000,000. Then T called the owner of the textile factory and said that there would be 6 people to work, the owner agreed. After T had collected the money from the above 6 people, T asked a person named Duong Van D in City L who was the driver of the passenger van from crossroad N, Lang Son Province to the border checkpoint C to take these people to cross the border to their workplace in China. D agreed and suggested that T would collect each person VND 3,000,000 and give D VND 2,900,000 for each person to take them cross the border to the workplace, and T would keep 100,000 VND per one person as the referral fee. T agreed and collected from 6 above persons VND 18,000,000, and then T sent to the bank account of D VND 17,400,000.

On March 13, 2017, T instructed these 6 people on their own to take a passenger van to the crossroad M, City L, then T informed D that people were going and gave D the phone number of T7 to contact. Then, D picked up them and transported them to the textile factory in Fujian Province, China. Currently, Ms. T7, Mr. T8 and 4 others have still worked in China.

T collected money from 6 people VND 22,000,000 in total. The amount that T transferred to D as the crossing border cost for 6 people was VND 17,400,000. The remaining VND 4,600,000 T used for her personal affairs.

Thus, the total amount of money T and H benefited from the organization of 31 people who fled to China, (including VND 9,500,000 the factory owner paid for picking up laborers), after deducting the costs, is VND 26,800,000, of which, T kept VND  23,800,000 for her personal affairs, H kept VND 3,000,000 for his personal purpose.

In the Indictment No. 17/QD-KSDT dated August 16, 2017, the People’s Procuracy of District D of Tuyen Quang Province prosecutes: the defendants Vu Thi T, Nguyen Ngoc H for “Organizing others to flee abroad”: as prescribed in Clause 2 Article 275 of the Criminal Code in Viet Nam and Clause 1 Article 275 of the Criminal Code respectively.

Upon competition of the interrogation section at the trial, the prosecutor upholds the prosecution decision against the defendants and requests the Trial Panel to: Declare the defendants Vu Thi T, Nguyen Ngoc H (other name: C) are guilty of “Organizing others to flee abroad”.

- Pursuant to: Clause 2 of Article 275; Points b and p, Clause 1 and Article 46; Article 20; Article 53; Article 47; Article 33 of Criminal Code 1999, amended in 2009:

to impose a sentence of 5 years to 5 years 6 months in prison on Vu Thi T; the prison term commences from the date of detention (April 3, 2017).

- Pursuant to  Clause 1 Article 275; Points b and p, Clause 1 of Article 46; Article 20; Article 53; Article 60 of the Criminal Code 1999, amended in 2009; Clause 3 of Article 7 and Clause 1 of Article 349 of the Criminal Code 2015. Resolution No. 41/2017/QH14 dated June 20, 2007 of the National Assembly on the implementation of the Criminal Code:

to impose a suspended sentence of 1 year to 1 year 3 months in prison on the defendant Nguyen Ngoc H (other name: C), with a probation of 2 years to 2 years 6 months. The probation period commences from the first instance pronouncement date.

In addition, the procurator also proposes the Trial Panel to deal with the exhibits as follows: Return to the defendant T 01 mobile phone, collect the total amount of proceeds of crime of 26.800.000 VND, in which T gained VND 26,800,000, H gained VND 3,000,000; force the defendants to pay court fees and declare their right to appeal the verdict in accordance with the provisions of law.

During the investigation and at the trial, the defendants Vu Thi T, Nguyen Ngoc H (other name: C) have sincerely declared their criminal acts. The defendants said that the reason they committed offense was mainly that the people with related rights and obligations have taken the initiative to ask the defendants to take them to China to work to increase their income. Now the defendants are aware that their acts violated the law, they propose the Trial Panel to reduce the penalties for them.

Based on documents and items of evidence assessed at the court hearing; argument result at the court hearing and extensive verification of items of evidence, opinions of procurators, the defendant and other involved parties,

CONSIDERING THAT

Confessions of the defendants are in accordance with the depositions of persons with related rights and obligations, together with all other documents and evidence contained in the case file, so there are sufficient grounds to conclude that:

In the period from February 2016 to March 2017, Vu Thi T, residing in Village T, Commune X, District Y, Tuyen Quang Province has organized 6 times for 31 people and Nguyen Ngoc H (T’s son) has organized 1 time for 2 people to flee to China to work as laborers, in specific:

+ The first time: On February 26, 2004, Vu Thi T organized one person named Ly Thi T1 to work in a textile factory in Fujian Province, China. T collected from T1 VND 5,000,000, the cost to cross the border to China was VND 3,500,000; and T kept VND 1, 500,000 for herself.

+ The second time: In early March 2016, Vu Thi T organized 2 persons named Ban Thi T2 and Truong Van T3 to work in a textile factory in Fujian Province, China. T collected from T2 and T3 VND 5,000,000 each = VND 10,000,000. The cost to cross the border to China was VND 7,000,000, ticket fare from the bus terminal to the workplace was VND 1,400,000, and T kept VND 1, 600,000 for herself.

+ Third and fourth time: In early March 2016, Vu Thi T organized 10 people named Ly Thi Ly, Ly Van Q, Ly Van H1, Ban Thi H2, Nguyen Thanh K, Ban Van T4, Ha Dong L1, Ly Thi H3, Duong Thi H4, Tran Thi T5 to China, when they arrived in Guangxi Province, China, they were detected by the police, taken to and detained at the police station, and then deported back to Vietnam. On March 19, 2016, T continued to organize the above 10 people to cross the border to China to work in a textile factory in Fujian Province, China. The total sum of money collected from 10 people was VND 50,000,000; the cost of taking them cross border to China was VND 35,000,000, the tickets from the bus terminal to the workplace were VND 7,000,000, and T earned the remaining VND 8,000,000. In addition, before returning to Vietnam to pick up 10 people mentioned above, T was given 2.800 yuan equivalent to VND 9,500,000 by the owner of textile factory. Thus, the total amount of proceeds gained by T was VND 17,500,000.

+ The fifth time: In April 22, 2016, Vu Thi T and Nguyen Ngoc H (T’s son) organized 2 persons named Tuong Thi H5 and Tuong Van T6 to work in a textile factory in Fujian Province, China. T and H collected from them VND 5,000,000 each = VND 10,000,000. The cost to cross border to the workplace was VND 7,000,000; the ticket fare from the bus terminal to the workplace was VND 1,400,000. H kept VND 3,000,000 for himself.

+ On March 13, 2017, Vu Thi T organized 06 people, namely Tran Van T8, Tran Thi T7, and 04 others (unknown names) to work in Fujian Province, China. T collected money from 06 people VND 22,000,000 in total. The cost to cross the border to China was VND 17,400,000 and T kept VND 4,600,000 for herself.

Thus, the total amount of money T and H illicitly benefited from the organization of 31 people who fled to China, after deducting the costs, is VND 26,800,000, of which, T kept VND 23,800,000 for her personal affairs, H kept VND 3,000,000 for his personal purpose.

The Trial Panel found that the People's Procuracy of Tuyen Quang Province’s prosecution against the defendants for “Organizing others to flee abroad” is considered as guilty person is rightly convicted. Offense and penalties for defendants are prescribed in Clauses 1 and 2, Article 275 of the Criminal Code.

The acts of the defendants violate the criminal law, infringe the administrative management order, violate the internal and foreign policies of the State, thus affecting the security and order in the localities. The defendants have collected money, arranged the time and place, hired the guides many times to take many people to flee abroad to work illegally and for their profit-seeking as well. The defendants were able to perceive that organizing another person to flee abroad was a violation of the law but still deliberately committed the offense. Therefore, it is necessary to penalize the defendants commensurate with their criminal acts for the purposes of deterring, educating and preventing common crimes.

In this case, Vu Thi T and Nguyen Ngoc H are considered committing crime in their complicity, their roles are determined as follows:

Defendant Vu Thi T is the initiator, an active practitioner in the case, during the six trips, she directly led them flee abroad four times (the first four times), in the fifth time, although she did not directly lead them but she took initiative in asking her son, defendant Nguyen Ngoc H, to guide others to flee abroad, in the sixth time, she did not directly lead them but she collected money to introduce and apply for work, contacted the factory owner and driver to take 6 people cross the border to China, guided 06 people to take the bus to Lang Son and called the driver pick up these laborers in Lang Son to transport to China. The number of people who were organized to flee abroad by her was 31. Thus, Vu Thi T played a key role in the case, so she should be punished with a strict penalty, higher than the penalty faced by Nguyen Ngoc H, which is considered appropriate.

Defendant Nguyen Ngoc H played a role of helper in the complicity to assist Vu Thi T. In six times to take 31 people to flee abroad, he has played the role of helping T once in the fifth trip which took two people to flee abroad under the guidance of T. H kept VND 3,000,000 as  illegal gain for his personal purpose. Therefore, the defendant should also be punished with a strict penalty commensurate with his offense.

However, when considering the penalties, the Trial Panel should consider the defendants entitled to the following extenuating circumstances: during the investigation process and at the trial, the defendants have sincerely declared and showed their repentance. They paid the full amount of the illegal proceeds to relieve the consequences. In this case, the persons with related rights and obligations took initiative in asking the defendants to take them to China to work to increase their income.

In this case, the Trial Panel found that the role and nature of the offense committed by Nguyen Ngoc H was not as positive as Vu Thi T, he has good personal record, no previous conviction or administrative penalty, he only played the role of a helper and also has a mother-son relationship with T. In order to show the humanity of the law, the Trial Panel should impose a suspended sentence on the defendants, determine the probation period and transfer the defendants to the administration of the defendants’ place of residence, supervise them in probation period, which is considered appropriate. The Trial Panel considers that the penalties prescribed in Clause 1 Article 349 of the Criminal Code of 2015 are lighter than those provided for in Clause 1 Article 275 of the Criminal Code 1999, as amended in the Criminal Code 2009 (legal bases for prosecution and trial against H), thus the application of Clause 3 of Article 7, Clause 1 of Article 349 of the Criminal Code 2015; Resolution No. 41/2017/QH14 in Viet Nam dated June 20, 2017 of the National Assembly for trial in favor of the defendant is appropriate.

Regarding exhibits, during investigation process, the investigating body has seized from the defendant Vu Thi T 01 (a) mobile phone SAMSUNG brand, touch screen type, border and the back of the phone is light yellow, the back of the phone has the plastic cover, IMEI number: IMEI1: 353120089261290, IMEI2: 353121089261298, 01 Viettel network sim card, subscriber number 0989.762.924, old phone, used, unchecked quality inside, unchecked sim number, unchecked phone status.  At the hearing, T's cell phone was identified as her daily means of communication, and the defendant did not regularly use it for her offense, so it should be returned to T. The amounts of VND 23.8 million and VND 3 million that T and H obtained from the crime respectively should be confiscated to the State fund, which is considered appropriate.

The persons with related rights and obligations in the case have not made any further requirement on civil rights from the defendants, so the Trial Panel does not mention it.

Regarding Duong Van D, according to Vu Thi T’s testimony, who organized 06 people crossing the border to China in March 2017, but the investigation has not sufficient grounds to prove that D is guilty of complicity with T to the offense “Organizing others to flee abroad” so the Trial Panel does not consider him further.  Regarding Vu Thi T, Ly Thi T1, Ban Thi T2, Truong Van T3, Ly Thi L, Ly Van Q, Ly Van H1, Thi H2, Nguyen Thanh K, Ban Van T4, Ha Dong L1, Ly Thi H3, Duong Thi H4, Tran Thi T5, Tuong Thi H5, Tuong Van T6, they have immigrated illegally, the Police Investigation Agency of Tuyen Quang Province has sent an official letter to the authority to take administrative actions against them. Regarding Tran Thi T7, Tran Van T8 and 04 people that T brought to China in March 2017, although they committed illegal immigration, they are not present in their places of residence, so the Police Investigation Agency will take actions against them later. In addition, during the investigation, Vu Thi T admitted that in February 2017, T referred 2 other people to work in the textile factory in Fujian Province, China. But they managed to immigrate to China illegally by themselves not asking T for helping them, so the offense in this case was not committed and the Police Investigation Agency disregards it, so the Trial Panel does not mention them as well.

The defendants have to pay first instance criminal court fees as per the law.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Declare: the defendants Vu Thi T, Nguyen Ngoc H (other name: C) are guilty of “Organizing others to flee abroad”.

- Pursuant to  Clause 2 of Article 275; Points b and p, Clause 1 and Article 46; Article 20; Article 53; Article 47; Article 33 of Criminal Code 1999, amended in 2009: Vu Thi T is sentenced to 5 years and 3 months in prison. The prison term commences from April 3, 2017.

- Pursuant to  Clause 1 Article 275; Points b and p, Clause 1 of Article 46; Article 20; Article 53; Article 60 of the Criminal Code 1999, amended in 2009 in Viet Nam; Clause 3 of Article 7 and Clause 1 of Article 349 of the Criminal Code 2015 in Viet Nam. Resolution No. 41/2017/QH14:

Nguyen Ngoc H (other name: c) is imposed a suspended sentence of 1 year’ imprisonment, with a probation period of 2 years. The probation period commences from the date of pronouncement of first instance verdict September 13, 2017. Nguyen Ngoc H was sent to the People's Committee of Commune X, District Y, Tuyen Quang Province for supervision and education during the probation period. If the offender who has served the suspended sentence changes his place of residence, Clause 1 Article 69 of the Law on Criminal Judgment Enforcement in Viet Nam.

Exhibits:  Pursuant to Article 41 of the Criminal Code, Article 76 of the Criminal Procedure Code in Viet Nam, Article 305 of the Civil Code in Viet Nam:

- Return to Vu Thi T:

01 (a) mobile phone SAMSUNG brand, touch screen type, border and the back of the phone is light yellow, the back of the phone has the plastic cover, IMEI number: IMEI1: 353120089261290, IMEI2: 353121089261298, 01 Viettel network sim card, subscriber number 0989.762.924, old phone, used, unchecked quality inside, unchecked sim number, unchecked phone status.

 (The exhibits are conformable to their description in the record of handover of exhibits between the Police Investigation Agency of Tuyen Quang Province and the Department of Civil Judgment Enforcement of Tuyen Quang Province dated August 31, 2017). 

- Confiscate from the defendant Vu Thi T VND 23,800,000 (twenty three million eight hundred thousand dong); confiscate from the defendant Nguyen Ngoc H VND 3,000,000 (three million dong) to the State fund. Such amounts are deducted from the sums they paid at the Department of Civil Judgment Enforcement of Tuyen Quang Province according to the Receipt No. 002197, 002198 dated August 30, 2017. Return to Vu Thi T VND 9,800,000 (nine million eight hundred thousand dong) received by Nguyen Ngoc H.

- Pursuant to Article 99 of the Criminal Procedure Code and the Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 on court fees and charges, exemption, reduction, collection, transfer, management and use thereof:

Vu Thi T and Nguyen Ngoc H have to pay VND 200,000 (two hundred thousand dong) of the first instance criminal court fee.

The defendants have the right to appeal the verdict within 15 days from the date of pronouncement, the persons with related rights and obligations absent from the hearing shall have the right to appeal the verdict within 15 days from the date on which the verdict is received or posted up.