According to the indictment of the case of defrauding customers related to the CT6 Kien Hung project (Ha Dong district, Hanoi), the Hanoi People's Procuracy prosecuted Mr. Le Thanh Than (born in 1950, Chairman of the Board of Directors, General Director of Bemes Production and Import-Export Joint Stock Company - Bemes Company, Chairman of Muong Thanh Group) for defrauding customers, with a fine of 100 - 500 million VND or imprisonment of 1 - 5 years.
Many readers wonder why Mr. Than was not prosecuted for fraud and property appropriation?
Mr. Le Thanh Than was prosecuted for defrauding customers.
Responding to VTC News on this issue, lawyer Dang Van Cuong - Head of Chinh Phap Law Office, said that from a legal perspective, there are two different concepts: "deception" and "fraud". In which, "deception" is different in nature and less dangerous than "fraud", the legal consequences of these two acts are also different.
" A person who commits fraud in the purchase and sale of goods or provision of services has fraudulently calculated when weighing, measuring, or counting, or has other fraudulent acts to gain illegal profits, causing damage to the interests of customers. The act of deceiving customers occurs during the process of providing services or purchasing goods, and customers may not know they are being deceived. They still receive benefits, but they are lower than the value they should have received from the transaction ," the lawyer analyzed.
Fraudulent behavior is defined as deceitful acts aimed at appropriating property. Transactions that involve fraud are usually transactions in which the buyer does not receive the property, is not guaranteed any rights, and the purpose of appropriating the property exists before the time of receiving the property.
Comparing with the incident that occurred when buying and selling an apartment at CT6 Kien Hung building, lawyer Dang Van Cuong stated that the customer paid money to the investor and still received the house, still used it for living, but the State did not recognize the right to use the land, the right to own the house and other assets attached to the land (red book) because the house was built without a permit, not in accordance with the planning approved by the competent authority.
Mr. Dang Van Cuong.png
Perhaps the crime of defrauding customers in the real estate sector was first applied in the case involving Mr. Le Thanh Than and the CT6 Kien Hung project.
Lawyer Dang Van Cuong
"Therefore, the prosecution agency determined that this was an act of deceiving customers, not fraud. Mr. Le Thanh Than provided false information about the legal status of the apartment, causing customers to misunderstand, be deceived, and mistakenly enter into a contract," said the Head of Chinh Phap Law Office, adding that this act caused damage to the interests of customers, not an act of property appropriation, so the Chairman of Muong Thanh Group was not prosecuted for fraud and property appropriation under Article 174 of the Penal Code, but only for deceiving customers under Article 198 of the Penal Code.
Mr. Dang Van Cuong further explained that in cases of receiving money from selling a house but not having a house to sell, or falsifying other people's house papers to sell in order to appropriate property, or giving false information that one has a house (in fact one does not) but still receiving money from others and then appropriating it without being able to have a house to deliver to the buyer... then only then will criminal proceedings be initiated for the crime of fraud to appropriate property, with the highest penalty being life imprisonment.
According to lawyer Dang Van Cuong, the act of deceiving customers occurs quite a lot in social life, in the sale of goods, and the provision of services, which people often call fraud. The act of deceiving customers is very diverse, such as delivering missing goods, missing quantity, wrong quality, wrong type, cheating in weighing, measuring, counting, etc.
However, Mr. Cuong pointed out that in reality, for many different reasons, those who commit acts of deceiving customers are rarely punished, often only being administratively punished or having to pay compensation for damages when civil disputes occur. In addition, many customers are deceived without knowing or even if they know, they do not understand the procedures to protect their rights.
" Perhaps the crime of deceiving customers in the real estate sector has been applied for the first time in the case related to Mr. Le Thanh Than and the CT6 Kien Hung project. This will be a lesson for traders who want to make illegal profits and deceive consumers," said lawyer Dang Van Cuong, who acknowledged that the case also shows the determination of law enforcement agencies in protecting consumer rights, to deter and warn against arbitrary and opportunistic business activities in general and business in the real estate sector in particular, helping the real estate market become healthier and more transparent.
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