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Taking advantage of the trust of people who wanted to buy land, Pham Thi Hai (born in 1979, residing in Binh Han ward, Hai Duong city) defrauded people of deposits and then ran away with the money. Hai had to pay a heavy price for her fraudulent behavior.
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Hai knew Ms. Bui Thi Thanh (born in 1981, residing in Thanh Binh ward, Hai Duong city) because they both did real estate business.
In early May 2021, Ms. Thanh informed Hai that Mr. Tang Van Cuong (born in 1963, residing in Lien Hong commune, Hai Duong city) wanted to transfer 2 plots of land in Lien Hong commune. Ms. Thanh sent a picture of the diagram of the 2 plots of land via Zalo to Hai. Hai forwarded the picture to an officer of the Hai Duong City Land Registration Office to draw a diagram to split the 2 plots of land into 6 plots of land.
Although he did not meet or contact Mr. Cuong to negotiate the transfer of land use rights, at 12:50 p.m. the same day, Hai called Ms. Nguyen Thi Hanh Hoa in Hai Duong City to say that he had deposited to buy 2 plots of land from Mr. Cuong, was doing the procedures to separate the plots and proposed to sell them to Ms. Hoa for 9.5 million VND/m2. After negotiating, Ms. Hoa agreed to buy the above 2 plots of land. Afterwards, at Ms. Hoa's house, the two people signed a deposit contract with an agreement that Ms. Hoa deposited 100 million VND to Hai to buy the above 2 plots of land with a commitment to complete the procedures to transfer land use rights by July 11, 2021.
After receiving the 100 million VND deposit from Ms. Hoa, Hai went to Mr. Cuong's house but the two parties did not negotiate the land use rights. Hai used the 100 million VND for personal purposes and did not return it to Ms. Hoa, but still committed to selling the two plots of land to Ms. Hoa after completing the procedures.
On July 11, 2021, Hai did not fulfill his contractual commitment, so Ms. Hoa went to see Mr. Cuong and learned that Hai did not buy the land from Mr. Cuong. Ms. Hoa asked Hai to return the deposit, but Hai did not return it and left the area. Ms. Hoa then reported Hai's actions to the Investigation Police Department of Hai Duong Provincial Police. On February 12, 2024, Hai went to the police station to surrender and confessed to his crime.
The investigation agency determined that from April 10 to July 30, 2021, Hai deposited 655 million VND to receive the transfer of land use rights from 5 people in Hai Duong City. Hai asked to draw a diagram to split into 23 plots of land and then agreed to deposit the transfer of 13 people with a total amount of more than 1.1 billion VND. After receiving the deposit, Hai canceled the deposit transaction with the landowners and then "took" the deposit and fled.
Pay a high price
On September 21, the People's Court of Hai Duong province held a first-instance trial of Pham Thi Hai for fraud and appropriation of property and abuse of trust. At the trial, the Trial Panel determined that the defendant Hai's actions were particularly dangerous to society, infringing on the property rights of the victims. When the defendant received a deposit of more than VND 1.1 billion from 13 people. However, after failing to sign a contract to transfer land use rights of the landowners, the defendant did not return the deposit to the 13 people who had deposited it and instead appropriated it from them. This action constitutes the crime of abuse of trust and appropriation of property.
The court sentenced Pham Thi Hai to 2 years and 6 months in prison for fraud and appropriation of property, and 12 years and 6 months in prison for abuse and appropriation of property. The total sentence for the two crimes is 15 years in prison.
Lawyer Pham Thi Diu, Deputy Head of Hai Duong Provincial Bar Association, Head of Tam A Law Office said, tIn recent times, the situation of people being cheated when depositing to buy land has been very common in Hai Duong. Therefore, to avoid being cheated, before making a deposit, people need to carefully read the terms of the contract, learn carefully about the legality of the real estate they want to trade such as: land use rights certificate, whether the land is in dispute or not, deposit terms... People should consider signing a notarized deposit contract to ensure legality even though it is not required by law.
