07/10/2022 08:45

What are the sanctions for online fraud to appropriate property in Vietnam?

What are the sanctions for online fraud to appropriate property in Vietnam?

Nowadays, information technology is increasingly developing, accompany technology crimes are also increasing with sophisticated tricks and unpredictable cunning. Besides, through the Internet, many people have used it as a criminal tool to appropriate property. Therefore, what sanctions apply for this type of crime in Vietnam?

Typically, in the judgment 11/2018/HS-ST dated June 21, 2018 of the People's Court of Quang Tri province, the first-instance trial was publicly held against two defendants Tran Ba ​​P and Tran Dinh N for using the computer, telecommunications network, Internet or digital device that commits the act of appropriating property, specifically:

“On September 13, 2017, the defendants Tran Ba ​​P and Tran Dinh N wanted to make money playing games and personal spending, so they used computers to access the internet to commit acts of appropriating the property of others. With the following method: Infiltrate other people's facebook accounts to take over their facebook accounts (By changing the password), and then study the chat history to message process with the people of the user account facebook is the report is being keep. Through texting to gain the trust of the victims, the defendant asked the victim to transfer the money to an account of an online game money trading agent.

By the same methods and tricks as above, defendants P and N appropriated the victim's property with a total amount of VND 30,000,000.

The People's Court of Quang Tri province sentenced defendant Tran Ba ​​P to 18 months in prison and defendant Tran Dinh N to 12 months for the crime of "Appropriation of property using a computer network, telecommunications network or electronic device".

Compared with the provisions of law, in Clause 1, Article 290 of the Criminal Code 2015 of Vietnam, the crime of using computer networks, telecommunications networks, the Internet or digital devices to appropriate property is as follows:

1. Any person who uses a computer network, telecommunications network or electronic device to commit any of the following acts, except for the cases in Article 173 and Article 174 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Using information about another organization's or individual's bank account or card to appropriate the account holder's or card holder's property or illegally pay for the offender's purchases;

b) Making, possessing, trading, using fake bank cards to steal money of card holders or illegally pay for the offenders' purchases;

c) Illegally accessing the account of an organization or individual in order to appropriate their property;

d) Commit frauds in electronic commerce, electronic payment, online currency trading, online capital raising, online multi-level marketing or online securities trading for the purpose of property appropriation;

dd) Illegally establishing or providing telecommunications or Internet services for the purpose of property appropriation;

...

In case the person is not yet to be examined for penal liability, that person will be administratively handled according to the provisions of Point c, Clause 1, Article 15 of Decree 167/2013/ND-CP dated November 12, 2013 of the Government on sanctioning of administrative violations in the field of social security, order and safety; Prevention of social evils; fire prevention and fighting; domestic violence prevention and control. Following that, those who use fraudulent tricks to appropriate other people's property will be fined from 1,000,000 to 2,000,000 VND.

It can be seen that the subjects of this crime are mostly young people and teenagers who do not worry about studying but race to eat and play, participate in online games, follow bad friends or search online forums to learn how to use the internet to appropriate other people's property for personal consumption. Although using computer networks, telecommunications networks, the Internet or digital devices to appropriate property is not a new crime, many people still become victims of this type of crime.

In conclusion, the above incident, it is a warning lesson for everyone about fraudulent tricks to appropriate property using social networks. Each individual needs to be more vigilant in the process of using social networks, not to allow scammers to take advantage of them.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Thu Linh
25


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