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The Panel accepts a part of the appeal.
The Appeal Panel did not accept the appeal of the Ho Chi Minh City Institute of Civil Engineering and the defendant’s appeal. It accepted a part of the appeal to the High Level People’s Protection Institute in Ho Chi Minh City, partially modified the first instance sentence, increased the sentence for the defendant Duong Thanh Cuong.
The defendant Duong Thanh Cuong at the appeal trial |
Phan Huy Khang (47 years old, former Deputy Director General of NH Phuong Nam) was sentenced to 2 years and 6 months in prison, 3 years combined in prison in “VNCB”, Khang received a common sentence of 5 years and 6 months in prison. The 7 defendants who were former subordinates of the NH Phuong Nam official received from 1 year in prison (suspended sentence) to 2 years in prison.
Former Phuong Nam bankers accused did not benefit
The Panel stated that, at the trial of the defendants’ testimony, with sufficient grounds to determine, Duong Thanh Cuong took the name Thanh Phat Production, Construction and Trading Co., Ltd. (Thanh Phat Company for short) bought 10, 5 ha of land from households with 23 certificates of land use rights (red book), Binh Chanh district, HCMC. Defendant Cuong knew that this land was in planning, the southern area management board had a document stating that it did not approve the investment location of the Thanh Phat Company project. At the same time, Duong Thanh Cuong used these 23 red books to mortgage at Agribank branch 6, and borrowed VND 628 billion.
In April 2008, Cuong borrowed 23 red books to go to Tram Be for a VND 185 billion loan. Although the loan application is not eligible, Tram Be and his accomplices still agree and approve the loan, causing damage to the bank.
The Appeal Panel said that the defendant Duong Thanh Cuong committed fraud, seizing the property, causing 505 billion VND in damages to Phuong Nam Bank. Although the defendant has an extenuating circumstance, the distracted property has largely recovered the damage caused. But given the damage caused by the accused, the first instance of 16 years in prison is not adequate. Therefore, the Panel must accept the appeal of the High Level People’s Prosecutor’s Office in Ho Chi Minh City to increase the sentence for the accused.
The Appeal Panel ruled on the verdict |
Taking into account the appeal of the defendant Tram Be, the panel concluded that the defendant Tram Be admitted to the crime, during his work, Phuong Nam Bank has brought many benefits to the bank, participated in many social activities, received many medals. Currently, 23 red books have been distracted to overcome the consequences. Therefore, the 3-year prison sentence that the court of first instance suited him was enough to discourage the accused.
The remaining defendants, the NH Phuong Nam staff cause, during the investigation and in the appeal trial, repented of repentance, reported truthfully, committed crimes not out of self-interest, and at the same time, the bank also Released the defendant . Therefore, the judicial level of first instance declared for the accused is adequate.
Do not oblige the accused NH Phuong Nam employees to joint compensationRegarding damages, the Panel found that the defendant Duong Thanh Cuong had made a fraudulent record by carrying out a fraudulent act that caused damages to Phuong Nam Bank in the amount of VND 505 billion. Defendant Cuong’s behavior was the main cause of damages at Southern Bank. The defendants, who were former officials of the Phuong Nam Bank, violated the loan regulations, leading to the fraudulent behavior of defendant Cuong. However, the defendants disagreed, disagreed, argued with the defendant Cuong. The defendants did not enjoy material benefits, so there was no basis to charge the defendants associated with defendant Cuong with compensating the amount of 319 billion VND to Phuong Nam Bank. Therefore, the Panel accused Duong Thanh Cuong of compensating the total damage to the Southern Bank of VND 505 billion. Continue to compile 23 red books to execute Duong Thanh Cuong’s trial at Agribank and Southern Bank. After subtracting 171 billion dong of compensation for Agribank, the remaining amount will compensate Southern Bank. |
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