Why did the court return the case file of the Director and his subordinates embezzling more than 34 billion VND?

On the afternoon of November 15, after many days of deliberation, the People's Court of Thua Thien - Hue province announced the return of the case file of the "Asset Embezzlement" case that occurred at the 878 Mechanical and Construction Joint Stock Company (address: 31 Ly Dao Thanh, Phu Bai ward, Huong Thuy town, Thua Thien - Hue province) with the defendants brought to trial including Le Huu Tien (former Director), Tran Viet Hung (former Deputy Director), Truong Van Huy (former Head of Equipment and Materials Department) and Le Van Tuan (former Chief Accountant) of the company.

The reason the People's Court of Thua Thien - Hue province decided to return the case file is for the People's Procuracy of Thua Thien - Hue province to clarify the criminal and civil responsibilities of other people involved in the case. At the same time, for the People's Procuracy of Thua Thien - Hue province to conduct a confrontation between the people involved in the case to determine the amount of money the defendants embezzled in order to take measures to recover it.

The defendants at the trial. (Photo: Ngoc Sang)

Previously, in February 2023, the Investigation Police Agency of Thua Thien - Hue Province issued a decision to prosecute the case, prosecute the accused, and temporarily detain the above 4 people. On November 7 and 8, the People's Court of Thua Thien - Hue Province opened a first-instance trial of the case: "Asset embezzlement" and "tax evasion" occurring at the 878 Mechanical and Construction Joint Stock Company against the 4 defendants Tien, Hung, Huy and Tuan.

According to the case file, 878 Mechanical and Construction Joint Stock Company is a member of Railway Construction Corporation Joint Stock Company (address 33 Lang Ha, O Cho Dua ward, Dong Da district, Hanoi).

Before December 31, 2017, Railway Construction Corporation had 100% state capital. From April 4, 2018 to present, implementing equitization, this enterprise has divested 100% of state-owned capital.

Before December 31, 2015, Railway Construction Corporation Joint Stock Company held 51.44% of the charter capital at Mechanical and Construction Joint Stock Company 878. From December 31, 2016 to present, Railway Construction Corporation Joint Stock Company held 61.34% of the charter capital at Mechanical and Construction Joint Stock Company 878.

Le Huu Tien (born in 1959) is authorized to represent the capital of Railway Construction Corporation at Mechanical and Construction Joint Stock Company 878, holding the position of Chairman of the Board of Directors and Director of Mechanical and Construction Joint Stock Company 878.

Le Van Tuan (born in 1976) holds the position of Deputy Head of Finance and Accounting Department and Chief Accountant, Tran Viet Hung (born in 1969) holds the position of Deputy Director and Truong Van Huy (born in 1970) holds the position of Deputy Head of Equipment and Materials Department of Mechanical and Construction Joint Stock Company 878.

During the period from August 2016 to May 2018, Le Huu Tien signed contracts with 1 construction company in Ho Chi Minh City and 1 construction company in Quang Ngai province.

Le Huu Tien informed and directed subordinates in meetings of the 878 Mechanical and Construction Joint Stock Company to buy value-added invoices and create fake payment records to withdraw money from this enterprise to pay for the above contractor.

Le Van Tuan and Tran Viet Hung were the ones who found companies selling invoices. Then, Le Van Tuan, Tran Viet Hung, and Truong Van Huy established and signed fake construction and acceptance contracts to legalize documents, signed 21 authorizations to pay money from the 878 Mechanical and Construction Joint Stock Company to companies selling invoices that did not perform the construction to appropriate a total of 34,729,848,000 VND from the 878 Mechanical and Construction Joint Stock Company.

In addition to the above crimes, Le Huu Tien also used 15 illegal value-added invoices (fake invoices) to make tax declarations for the purpose of deducting value-added tax and corporate income tax for 878 Mechanical and Construction Joint Stock Company, causing a loss to the state of VND 7,693,004,234 in tax.

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