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Friday, November 27, 2020, 19:09 pm (GMT + 7)
The defendant Tran Phuong Binh, who plays a leading role in a series of violations causing more than 8.8 billion VND, received a life sentence and the responsibility to compensate damages in the amount of more than 1 billion VND.
On the afternoon of November 27, the Ho Chi Minh City People’s Court ended the trial of first instance and announced the sanction for 12 defendants in the great East Asia Commercial Bank (DAB) with more than 8,800 billion of dong lost.
Consequently, the court of first instance sentenced the defendant Tran Phuong Binh (former Director General, Vice Chairman of the Board of Directors, Chairman of the DAB Credit Council) to life imprisonment for the crime of “Abuse of office and powers to appropriate property “; 20 years for “Violation of the regulations on loans in the operations of credit institutions.” The general sentence this defendant served was life imprisonment.
Defendant Tran Phuong Binh (right) was sentenced to life imprisonment
Playing an important role only after the defendant Tran Phuong Binh in a series of violations, the defendant Phung Ngoc Khanh (president and CEO of M&C Joint Stock Company) received 18 years in prison for “in the activities of credit institutions “. The Panel also sanctioned the defendant Nguyen Thi Ngoc Van (former Deputy Director General, Vice President of the DAB Credit Council) for 4 years in prison for the same crime.
Furthermore, the Panel forced 9 defendants (formerly DAB officials and employees) to serve a sentence of 2 years in prison, but they were given a suspended sentence of up to 20 years in prison.
The first instance panel announced the penalty for the accused
During the trial process and the number of photographs, the Panel has recorded many extenuating circumstances, such as: the attitude of the team with sincere statement, repentance, good personality, dedication in the process of holding positions, raising children …
Based on the background and events in court, in the first instance, the conviction that the crime of the defendant Tran Phuong Binh and his accomplices is particularly serious. In 2007-2013, taking advantage of the DAB’s leadership role, the defendant Tran Phuong Binh argued and ordered his accomplices to carry out a series of criminal acts, which caused losses of VND 8,744 million.
Specifically, the defendant Binh ordered his subordinates to prepare a credit file, through an ineligible secured loan agreement, not to appraise the loan application. The defendant led his subordinates through many loan documents in the wrong process; create conditions to help many client groups (including the M&C client group led by Phung Ngoc Khanh) to borrow one trillion dong from DAB. In addition, the defendant ordered his subordinates to make false documents for the purpose of appropriating bank money. Not only that, the defendant Tran Phuong Binh also ordered the crime to “remove the gut” of 75.6 billion VND.
The Panel found defendant Tran Phuong Binh to be the mastermind and leader of the case. Therefore, the defendant Binh must be criminally liable for the total amount lost. The court should punish the accused with a stricter sentence than the rest of the accused.
As the founder and manipulator of the M&C client group, the defendant Phung Ngoc Khanh colluded with the defendant Binh as well as other defendants and related individuals to mortgage an ineligible collateral, borrow money many times to the DAB reinvestment destination . Unable to pay off loans from M & C’s client group at DAB, causing the bank a loss of around 3.6 billion dong.
The defendants used to be DAB officials and employees who did not communicate with clients, did not verify collateral … in the loan application approval and approval process. Through verification, many guarantees in the OBD are not valued; Borrowing companies hardly work anymore. Since then, the Panel considered that the serious consequences were produced by the mistakes made by the accused. The defendants considered Tran Phuong Binh’s address above the law.
In addition to the defendant Khánh, the remaining 10 defendants are subordinates, but the defendant Van is also a relative of the defendant Binh. Therefore, they are somewhat influenced by the defendant Binh during his work. By taking photographs, the Panel assesses the nature and level of crime for each defendant.
In order to separate the case into many stages that are detrimental to the accused, affecting the objective truth, the Panel assesses that all violations are related to many criminal acts, many issues. Even the subject is the owner of the business who has borrowed money and has run away. Therefore, the plan to separate the case for each phase is reasonable, according to the law.
With regard to civil liability, the Ho Chi Minh City People’s Court relies on the level of harm, the role of each defendant, the individuals and organizations involved to calculate the level of compensation. Due to the direct appropriation of more than 75.6 billion VND, defendant Binh must fully refund the full amount of the same interest rate incurred at the time the authorities processed the case. In addition, the panel accused this defendant of compensating more than 1 billion VND (principal and interest). This is the amount lost by the act of making false receipts.
The Court of First Instance requires that many individuals and companies have related rights and obligations (to participate in loans in groups of clients), to jointly repay DAB.
At the same time, the trial agency continued to clarify the owner, distraction and lockdown of many loan-related assets to ensure recovery of damages.
Source: https: //nld.com.vn/phap-luat/dai-an-ngan-hang-dong-a-ong-tran-phuong-binh-lanh-an-chung-than-202 …
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