What is the charge for exchanging joss paper money for real money by wire transfer?
What is the charge for exchanging joss paper money for real money by wire transfer? What is handling for printing joss paper like real money in Vietnam?
I own a mobile phone store that also provides money transfer services. One day, a man wearing a mask and riding a motorbike without a license plate came to the store, claiming he didn't have a bank account number and asked me to transfer 40 million dong to an account number he provided. Along with this request, the young man took out a bundle of money with a 500,000 bill on top and place it on the table. After confirming the transfer, the young man claimed he needed to get his phone from the motorbike to take a picture of the receipt to send to the recipient, then he quickly left. Can you tell me what crime this young man committed?
What is the charge for exchanging joss paper money for real money by wire transfer in Vietnam?
Based on Clause 1 of Article 174 of the 2015 Criminal Code amended by Point c of Clause 3, Article 2 of the 2017 Law on amending the Criminal Code 2017 regulating obtaining property by fraud:
1. A person who uses deception to obtain another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The offender has incurred an administrative penalty for appropriation of property;
b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;
c) The offence has a negative impact on social safety, order and security;
d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family; the property illegally obtained is a souvenir, memento or religious item that has a spiritual value to the victim.
Thus, the intention to obtain property has been formed since the time of preparing joss paper to commit the crime, and if this person uses joss paper to make others believe it is real money in order to obtain property, this is considered obtaining property by fraud. With the value of the property being 40 million VND, this person may be prosecuted under Article 1 of Article 174 of the 2015 Criminal Code, sentenced to community sentence for up to 03 years or imprisonment from 06 months to 03 years.
What is the charge for exchanging joss paper money for real money by wire transfer? (Image from the Internet)
What are the actions against printing joss paper money that resembles real money?
Based on Clause 4, Clause 5, Clause 6, Article 31 of Decree 88/2019/ND-CP on violations against regulations on protection of Vietnam’s cash as follows:
4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for photocopying, printing or using design, a part of or all images, elements or patterns on Vietnam's cash against law regulations.
5. Additional penalties:
All exhibits and instrumentalities used for committing any of the administrative violations prescribed in Clauses 2, 3 and 4 of this Article shall be confiscated and turned over to competent authorities.
6. Remedial measures:
a) Enforced sealing and punching of counterfeit money according to SBV’s regulations on handling of counterfeit money and suspected counterfeit money if the violation prescribed in Point c Clause 2 of this Article is committed
b) Enforced destruction of all exhibits and instrumentalities used for committing any of the violations prescribed in Clause 4 of this Article;
c) Enforced transfer of benefits illegally obtained from any of the violations prescribed in Clause 4 of this Article to state budget.
Therefore, any person who prints joss paper money that resembles real Vietnamese money will be fined from 40,000,000 dong to 50,000,000 dong and have to take the remedial measures mentioned above.
Best Regards!
