The Supreme People's Procuracy has just issued an indictment to prosecute Mr. Tran Qui Thanh (71 years old, Director of Tan Hiep Phat Trading and Service Company Limited) and his two daughters, Tran Uyen Phuong (44 years old, Deputy Director of Tan Hiep Phat Company) and Tran Ngoc Bich (40 years old) for the crime of Abuse of trust to appropriate property, according to Clause 4, Article 175 of the 2015 Penal Code.
In November 2023, the Ministry of Public Security's Investigation Police Agency concluded and upon receiving the case, the Supreme People's Procuracy returned the case file, requesting additional investigation of 5 contents. These contents mainly re-determine the value of the assets appropriated by Mr. Tran Qui Thanh and his son; notably, there is additional content to reduce the criminal responsibility of each defendant.
Mr. Tran Qui Thanh was identified as the ringleader and mastermind in the case of appropriating assets worth more than VND 1,040 billion from 4 businesses and individuals.
At the end of January 2024, the Ministry of Public Security's Investigation Police Agency had a supplementary investigation conclusion. In which, the investigation agency determined that the value of assets that Mr. Tran Qui Thanh and his two daughters appropriated from the 4 victims was 1,040 billion VND, while the initial investigation conclusion only determined it to be 767 billion VND.
According to the records, in the period of 2019 - 2020, through a number of brokers, Mr. Tran Qui Thanh and his two sons lent money to a number of businesses and individuals. Mr. Tran Qui Thanh and his sons and the borrowers did not sign loan contracts with collateral, but forced the businesses and individuals who borrowed money to sign contracts to transfer projects, shares in projects, and real estate, with values many times lower than the actual value of the assets.
To build trust from the victims and cover up the nature of borrowing money, Mr. Tran Qui Thanh and his son signed "resale commitments", legalized loan interest with receipts of deposits to buy back projects and real estate, promised to pay in full the principal and interest and return the property...
Under Mr. Thanh's direction, his two daughters, Tran Uyen Phuong and Tran Ngoc Bich, stood in their names to receive the transfer of assets. Afterwards, Mr. Thanh's group quickly completed the procedures to change the name to take control and decide on the assets.
When the borrower fully performed the obligation to pay the principal and interest as agreed, Mr. Tran Qui Thanh and his son made up unreasonable reasons to refuse payment, not return the property, claiming that the property owner violated the terms of the contract and therefore lost the right to buy back... or created other reasons such as: forcing the property owner to pay more money, not allowing to pay each installment but forcing to pay the entire principal... Ultimately, the purpose of Mr. Tran Qui Thanh's group was to deliberately appropriate the victim's property.
The case file determined that from January 2019 to November 2020, Mr. Tran Qui Thanh and his accomplices committed 4 acts of "abusing 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.
The total value of the assets as assessed by the prosecution agency is 1,040 billion VND.
In this case, Mr. Tran Qui Thanh was identified as the mastermind. His two daughters were accused of being active accomplices. All three father and daughters did not admit to lending money or using tricks to appropriate assets; they only declared that they bought and sold assets with businesses and individuals according to the law.
When making the request, the investigation agency mentioned that Mr. Tran Qui Thanh committed the crime many times with sophisticated and cunning tricks to appropriate assets of especially great value; therefore, it is proposed to handle this defendant with a strict sentence before the law for education, deterrence and general prevention.
As for Tran Uyen Phuong and Tran Ngoc Bich, it was determined that they had mitigating circumstances such as good character, first-time offenders, participating in the management of enterprises that contributed to socio-economic development, creating jobs for thousands of workers; the violation of the law was due to following the instructions of Mr. Tran Qui Thanh. Therefore, the investigation agency requested consideration when sentencing the two defendants Tran Uyen Phuong and Tran Ngoc Bich.
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