Returning the case file of Tan Hoang Minh Chairman Do Anh Dung being scammed of 80 billion VND

On June 21, Hanoi People's Court brought defendant Nguyen Sy Ta (born 1972, former Head of the General Department of the Ethnic Committee) to trial for the crime of "Fraudulent appropriation of property".

The victim in this case is Mr. Do Anh Dung, Chairman of Tan Hoang Minh Group, who has just received an 8-year prison sentence for "Fraudulent appropriation of property".

At the trial, the Trial Panel announced the content of Mr. Do Anh Dung's request for absence.

Accordingly, Mr. Dung said he had received a summons to appear in court as a victim. He hoped the panel of judges would allow him to be absent because of his "old age and long detention, so his health is not good", "the content of the case has been presented during the investigation phase".

Mr. Dung also requested that the defendant Ta must return the amount of money he suffered in accordance with the law. Mr. Dung authorized his lawyer to present and pledged to respect the court's decision.

According to the accusation, around the end of 2018, Duc Anh Trading and Investment Joint Stock Company (Duc Anh Company) had 3 shareholders including: Ms. Dinh Thi Hai Yen holding 51% of shares; Mr. Nguyen Dang Duyet holding 40% of shares; Ms. Tran Thi Nhan holding 9% of shares. This company is the investor of Nui Cuong island project in Dai Binh commune, Dam Ha district, Quang Ninh.

Duc Anh Company wanted to sell the above project so they asked Mr. Nguyen Sy Ta to find a buyer and he agreed.

In January 2019, Ms. Dinh Thi Hai Yen, Chairwoman of the Board of Directors of Duc Anh Company, signed a decision authorizing Mr. Ta with the following content: "On behalf of the company, transact with partners to buy back capital contributions of members in the company. When the partner agrees to buy, notify the Board of Directors so that the capital contributing members can sign a transfer contract and sell all shares to the purchasing partner."

At that time, because he knew Mr. Do Anh Dung, Mr. Ta brought a book of planning for Nui Cuong island to Tan Hoang Minh Company to meet Mr. Dung to introduce the above project.

Here, Mr. Ta said that Nui Cuong island has been planned by the People's Committee of Quang Ninh province to develop ecological urban tourism, housing, hotels, etc.

Mr. Ta also introduced the above project and Duc Anh Company as belonging to him; saying that he used to be the director of the Government Guest House so he had many acquaintances.

Hearing that, Mr. Dung trusted and agreed to buy and agreed on the transfer price of 100% of Duc Anh Company's shares at 400 billion VND.

Mr. Ta requested a deposit of 20% of the transfer value (equivalent to 80 billion VND) and requested to keep this a secret so that he could thank his acquaintances. Regarding the remaining amount of 320 billion VND, Mr. Ta will direct it to be recorded in the contract for transferring shares of Duc Anh Company.

Mr. Dung agreed and directed his staff to prepare the deposit agreement and legal documents related to the transfer of Duc Anh Company shares.

By mid-March 2019, Mr. Dung worked with Ms. Yen and Mr. Duyet to request an extension of the payment deadline for the Share Transfer Contract. At this time, the Chairman of Tan Hoang Minh just learned that Duc Anh Company and the Nui Cuong Island project belonged to Ms. Yen and Mr. Duyet.

Mr. Ta himself received a deposit of 80 billion VND from Mr. Dung but did not notify or transfer the above amount to shareholders of Duc Anh Company, so the company did not carry out procedures to change shareholders.

Faced with this situation, Chairman Tan Hoang Minh requested Mr. Ta to return the deposit he had received. On March 16, 2019, Mr. Ta paid Mr. Dung 20 billion VND. After that, Mr. Ta paid another 13 billion VND over many times, currently still holding 47 billion VND.

Mr. Dung repeatedly notified and requested Mr. Ta to return the remaining amount, but at the meeting on December 13, 2019, Mr. Ta continued to affirm that the Nui Cuong island project belonged to him, and if the project did not belong to him, it would have been revoked by the province.

At that time, Mr. Dung informed Mr. Ta that he had received a document from Quang Ninh province, confirming that Nui Cuong island could not be used for tourism development as Mr. Ta had said. At this time, Mr. Ta committed to having the Quang Ninh Provincial People's Committee redo the document agreeing to the tourism project within 1 month. However, Mr. Dung continued to request that Mr. Ta return the remaining deposit.

Requesting Chairman of Tan Hoang Minh to appear in court

At the trial, people with related rights and obligations requested that Tan Hoang Minh Chairman Do Anh Dung be present during the trial.

Defendant Nguyen Sy Ta and his lawyers also requested that Mr. Dung be present in court to clarify some contents of the case.

Responding to the interrogation of the People's Court, the defendant Ta did not admit to the actions as charged in the indictment. The defendant stated that he was only a broker and had completed his duties.

After a period of public questioning in court, the panel of judges found that, in order to ensure an objective and comprehensive trial, it was necessary to return the case file for further investigation and clarification of some contents.

According to the People's Court, it is necessary to consider the behavior of defendant Nguyen Sy Ta, and at the same time clarify whether the money Mr. Do Anh Dung transferred to Mr. Ta was Mr. Dung's money or Tan Hoang Minh Company's money...