Proposal to prosecute Mr. Tran Qui Thanh and his two daughters for appropriating 767 billion VND in assets

On November 24, the Investigation Police Agency (Ministry of Public Security) announced that it had completed the investigation conclusion and transferred the case file to the People's Procuracy of the same level to propose prosecuting Mr. Tran Qui Thanh (70 years old) and his two daughters, Tran Uyen Phuong (42 years old) and Tran Ngoc Bich (39 years old, both residing in Binh Thanh district, temporarily residing in Binh Duong province) for the crime of "Abuse of trust to appropriate property", according to Clause 4, Article 175 of the 2015 Penal Code.

In which, Mr. Tran Qui Thanh is currently the Director of Tan Hiep Phat Trading and Service Company Limited, headquartered in Binh Duong and Tran Uyen Phuong is the Deputy Director of this enterprise.

Mr. Tran Qui Thanh and his two daughters Tran Uyen Phuong and Tran Ngoc Bich were proposed for prosecution.

According to the investigation conclusion, taking advantage of the provisions on lending and transfer contracts in the Civil Code, Mr. Tran Qui Thanh and his three sons and related subjects lent money at interest, below the level constituting a crime under Article 201 of the 2015 Penal Code on the crime of "Lending money at high interest rates in civil transactions".

However, Mr. Tran Qui Thanh and the borrowers did not make a loan contract with collateral, but forced businesses and individuals who borrowed money to make a contract to transfer the project, shares in the project, and real estate in accordance with the law, with a value many times lower than the actual value of the assets.

When the borrower was hesitant and worried about borrowing money but making a property transfer contract, Mr. Tran Qui Thanh's group provided information to create trust in their reputation and financial potential, signed "resale commitments", legalized loan interest with a receipt of deposit to buy back the project, real estate, promised to pay the full principal and interest and return the property.

The borrower completed the procedures to transfer assets to Tran Uyen Phuong and Tran Ngoc Bich under the direction of Mr. Tran Qui Thanh, then this group quickly completed the procedures to change the name to take control and decide on the assets, which are real estate, capital contributions, and shares.

The borrower fully performed the obligation to pay the principal and interest as agreed, but Mr. Tran Qui Thanh's group used deceitful tricks such as: making unreasonable excuses to refuse payment, not returning the property, claiming that the property owner violated the terms of the contract and therefore lost the right to buy back... or creating reasons to force the property owner to pay more money, not allowing to pay each installment but forcing to pay the entire principal... When the borrower failed to do so, Mr. Thanh's group intentionally appropriated the property.

The investigation conclusion also stated that, from January 2019 to November 2020, Mr. Tran Qui Thanh and his accomplices committed 4 acts of "abuse of trust to appropriate property" of 4 victims. Specifically, the assets include: 2 projects Minh Thanh, Nhon Thanh in Dong Nai of Ms. Dang Thi Kim Oanh (Chairman of the Board of Directors of Kim Oanh Real Estate Group); 29 plots of land separated from plot 452 in Binh Tan district of Mr. Nguyen Van Chung, 4 plots of land in Thu Duc City of Mr. Lam Son Hoang and 2 plots of land in Binh Tan district of Mr. Nguyen Huy Dong; with a total value of more than 767 billion VND.

It is known that Mr. Tran Qui Thanh and his daughter Tran Uyen Phuong have been prosecuted and detained since the beginning of April 2023 until now. Only defendant Tran Ngoc Bich has been released on bail.

According to the conclusion, during the investigation, Mr. Tran Qui Thanh and his two daughters were stubborn, did not honestly declare, and did not clearly recognize their illegal behavior. Mr. Tran Qui Thanh and his two daughters did not admit to lending money but only admitted to buying and selling assets with business representatives and individuals according to the law.

However, the police have enough documents and evidence to prove the defendants' actions. And they believe that Mr. Tran Qui Thanh committed the crime many times, with sophisticated and cunning tricks to appropriate assets of extremely great value, causing outrage in society.

Mr. Tran Qui Thanh played the role of mastermind and leader. His two daughters, Tran Uyen Phuong and Tran Ngoc Bich, played the role of accomplices and active helpers.

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