Because the defendants are not liable for civil compensation, the Trial Panel (TAC) decided to return more than 183 billion VND to Ms. Pham Thi Nu (wife of Mr. Tran Qui Thanh).
Nearly half a month after the trial of defendant Tran Qui Thanh and his two daughters ended, the Ho Chi Minh City People's Court has just delivered the first instance verdict to the defendants and related people.
According to the first instance judgment, through questioning and debate at the trial, the defendants Tran Qui Thanh, Tran Uyen Phuong, and Tran Ngoc Bich admitted their crimes. The defendants' confessions were consistent with the documents and evidence in the case file.
Therefore, there is a basis to conclude that, in terms of the nature of the case, the defendants' civil transactions regarding the borrowing of assets (loaning money) from the victims including Lam Son Hoang, Nguyen Huy Dong, Nguyen Van Chung and Dang Thi Kim Oanh are not illegal.
However, to secure the loan capital and interest, the defendants and the victims agreed to sign contracts on the transfer of assets (land use rights, project shares), which were fake and illegal contracts.
After being named on the transfer documents, the defendants had the intention of appropriating the victims' assets, so they used tricks to cause difficulties, gave unreasonable reasons to refuse payment or forced the borrowers to pay additional interest, fines, and not allow them to pay the principal... to appropriate the assets.
The total amount of assets that the defendants appropriated from the victims was more than 1,048 billion VND.
Based on aggravating and mitigating circumstances, the panel sentenced defendant Tran Qui Thanh to 8 years in prison; defendant Tran Uyen Phuong to 4 years in prison and Tran Ngoc Bich to 3 years in prison but with a suspended sentence, all for the crime of "Abuse of trust to appropriate property".
The panel of judges also declared the cancellation of property transfer contracts recognized by competent authorities, notarized and certified, along with related signed documents between the defendants and victims, and people with related rights and obligations.
In addition, the court did not accept Ms. Dang Thi Kim Oanh's request to force Mr. Tran Qui Thanh to compensate for damage to business advantages since the date of property appropriation in the amount of 531.3 billion VND.
According to the panel of judges, Ms. Oanh did not have documents or evidence to prove that actual damage had occurred. The request to calculate damage at an interest rate of 10% on the appraised value of the property was baseless and therefore not accepted.
Regarding civil matters, because the defendants are not responsible for civil compensation, the panel of judges decided to return the amount of more than 183 billion VND to Ms. Pham Thi Nu (wife of defendant Tran Qui Thanh and mother of the two defendants Phuong and Bich) that was paid to remedy the consequences of the defendants.
In addition to the above sentence, each defendant must pay court fees of 200,000 VND.
The victims also had to pay court fees, of which Lam Son Hoang had to pay 223 million VND; Nguyen Huy Dong more than 186 million VND; Nguyen Van Chung more than 142 million VND and Dang Thi Kim Oanh more than 982 million VND.
In addition, those involved must also pay court fees, the highest being 173 million VND, the lowest being 24 million VND.
TH (according to Vietnamnet)