Trial of the case of abuse of position and power while performing official duties

08/12/2023 09:54

On August 11, the Provincial People's Court opened the first instance trial of defendants Phan Ngoc Vinh, Nguyen Dai Vinh, Nguyen Ngoc Anh, and Tran Thanh Dong for the crime of abusing position and power while performing official duties.

According to the indictment of the Provincial People's Procuracy, defendant Phan Ngoc Vinh, Director of the Agricultural Service Center (DVNN) of Kon Plong district, when performing his duties, did not properly perform the assigned tasks, acted contrary to the approved budget; directed employees of the Kon Plong District DVN Center to create fake documents to sign fake economic contracts with the Agricultural Service Cooperative and labor leasing contracts to withdraw the entire budget amount of 732,500,000 VND. After deducting the money for buying seeds of 168,000,000 VND, the remaining amount was 564,500,000 VND. Phan Ngoc Vinh did not report to the competent authority to request permission to adjust the budget, did not enter the fund, did not enter the monitoring books, but arbitrarily used the above amount. The consequence of not properly implementing the approved budget caused damage to the State with a total amount of 564,500,000 VND.

Defendant at trial. Photo: VT

As for the defendant Nguyen Dai Vinh, in his position as Director of the Agricultural and Commercial Service Cooperative, he was an accomplice in assisting the defendant Phan Ngoc Vinh, causing damage to the State of VND 268,100,000.

As for defendant Nguyen Ngoc Anh, after being handed over the position of Director of the Agricultural and Commercial Service Cooperative by Nguyen Dai Vinh, he signed a false economic contract to help Phan Ngoc Vinh, causing a loss to the State of 192,000,000 VND.

Regarding the defendant Tran Thanh Dong, in his position as Deputy Director of the Agricultural and Commercial Service Cooperative, he signed economic contracts, acceptance records and contract liquidation. Although Tran Thanh Dong did not benefit from the signed contracts, his actions created conditions for Phan Ngoc Vinh to withdraw money from the budget, causing a loss to the State of VND 268,100,000.

Based on the nature, level, and criminal acts of the defendants, the Trial Panel sentenced defendant Phan Ngoc Vinh to 4 years and 6 months in prison, Nguyen Dai Vinh to 3 years in prison, and Tran Thanh Dong to 2 years and 6 months in prison for the crime of "Abusing position and power while performing official duties" in the case of committing the crime 2 times or more and causing property damage from 200,000,000 VND to less than 1,000,000,000 VND, the crime and punishment are prescribed in Points b and c, Clause 2, Article 356 of the 2015 Penal Code (amended and supplemented in 2017); sentenced defendant Nguyen Ngoc Anh to 1 year in prison for the crime of: "Abusing position and power while performing official duties", the crime and punishment are prescribed in Clause 1, Article 356 of the 2015 Penal Code (amended and supplemented in 2017).

Van Tung

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