Collection of judgments on abuse of trust to appropriate property in Vietnam

Hello Mr. Nhan, for your request, LawNet would like to send you some typical judgments as follows:

1. Judgment No. 53/2021/HSPT on abuse of trust to appropriate property

- Trial level: Appellate

- Trial agency: People's Court of Khanh Hoa Province

- An extract from the judgment: “Bui Van K and Tran Minh C are relatives, K is Mr.C’s nephew. On January 04, 2020, Mr. Chinh asked K to come to Mr. C's house in the residential group of T street, ward C, city C, province K to live and look after the property in the house, K agreed.

During the stay at Mr. C's house, K raised the intention to sell the assets in Mr. C's house to pay debts and personal consumption, specifically: On February 24, 2020, Bui Van K sold a set of tables and chairs including 1 rectangular table, 6 wooden chairs with backrest and 1 wooden counter for Mr. Phan Duy Q for VND 4.500.000; On March 02, 2020, K sold 1 wooden cabinet, the compartments are fitted with glass, and 1 wooden cabinet to Mr. Nguyen Thanh Kh for vnd 5.500.000.”

2. Judgment No. 16/2021/HSST on abuse of trust to appropriate property

- Trial level: Instance

- Trial agency: People's Court of Long Khanh City, Dong Nai Province

- An extract from the judgment: “After K Phat took Huynh K out to Long Khanh bus station, Huynh K told K Phat to get off the car and wait for Huynh K to borrow a car to borrow money at an acquaintance's house, K Phat agreed. Then, Huynh K drove the car to the overpass area in Xuan Binh ward, Long Khanh city, Dong Nai province. While driving a car in this area, Huynh K met K Le Dinh Tan, born in 1990, living in hamlet 1, Nhan Nghia commune, Cam My district, accompanied by a young man named "Gia" (whose identity is unknown), at this time Huynh K came up with the idea of holding a motorcycle for K Tan to get money to spend. Huynh K took a motorbike for K Tan, but because K Tan did not bring money, "Gia" was the one to take the car for Huynh K. "Gia" took Huynh K's car for VND 8.000.000 but gave him VND 4.000.000 in advance, the remaining amount until the next morning, Gia gave VND 4.000.000 to K Tan for K Tan to give to Huynh K, the money on Huynh K was spent.”

3. Judgment No. 37/2021/HSST on abuse of trust to appropriate property

- Trial level: Instance

- Trial agency: People's Court of Lam Ha City, Lam Dong Province

- An extract from the judgment: “On March 09, 2020, after borrowing a Wave KRSM. 49D1 – 08022 with a value of VND 7.245.000 (seven million two hundred and forty five thousand dong) managed by Mr. D to go on personal business, Vo Ba A had an intention to appropriate property and bring a motorbike pledge to spend money. Then fled with the aim of appropriating Mr. D's property. Therefore, the act committed by the defendant was sufficient to constitute the crime of "abuse of trust to appropriate property" specified at Point a Clause 1 Article 175 of the Criminal Code.”

4. Judgment No. 40/2022/HSST on abuse of trust to appropriate property

- Trial level: Instance

- Trial agency: People's Court of Phu My City, Ba Ria - Vung Tau Province

- An extract from the judgment: “Nguyen Van T is a security guard of LH Professional Security Service Co., Ltd., performing security duties at the construction site of PY company. On the Lunar New Year holiday, Mr. Truong Van Anh, on behalf of DYV company, made a Minute on February 04, 2021, handing over assets at the construction site of DYV company for T to sign for management and protection. After receiving the property, T used fraudulent tricks to appropriate DYV's electrical cables by: From February 06 to February 11, 2021, T has 10 times pry open the belt of wooden crate, cut 115 meters of electric cable inside with pliers into short lengths of 20-30 cm and then reassemble the belt of wooden crate as old. T hid the cables in a personal ice box or wrapped them with duct tape and sold them to Mr. Le Trung S's scrap collection facility in group 1, Phuoc Lap neighborhood, My Xuan ward, Phu My commune received a total amount of about VND 20 million for personal consumption.”

5. Judgment No. 399/2020/HSPT on abuse of trust to appropriate property

- Trial level: Instance

- Trial agency: People's Court of Hanoi City

- An extract from the judgment: “On April 02, 2018, Nguyen Dac L went to Khuat Duy N's car rental shop to sign a contract to rent a car with a license plate 30E-xxx worth VND 110.000.000 to use. After renting the car, on April 07, 2018 Luan had an intention to appropriate the car, so he brought the car to the Phu Loi pawn shop to pledge and sign the car sale paper for the Phu Loi pawn shop to take VND 70.000.000 for personal expenses. Although Mr. Ngu called and asked for a car many times, L avoided meeting and still lied that he was using the car for work.”

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Key word: property | abuse | trust | Criminal Code of Vietnam | appropriate property |

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