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However, according to the VKS, when the verdict was rendered, the Panel only relied on the amount that Lavenue Company paid to the budget corresponding to the capital contribution of Ho Chi Minh City Housing Management Company to recover the amount of 126 billion VND. VND, is causing damage to the property of the State more than 30 billion.
In addition, for the damage in the case, VKS determined that the damage was more than 1,927 billion VND. However, the Trial Panel determined that the actual damage was the amount of money that the state lost at the time of the crime, that is, the date of issuance of the decision to assign land to Lavenue Company, was more than VND 252 billion. with legal science and criminal law.
Therefore, the VKS protested that the nature of the act of causing loss and waste must be determined from the moment of the illegal allocation or lease of land, leading to the loss of the State’s right of use or exploitation. property and added value of the land 8-12 Le Duan.
Therefore, from the moment of the illegal transfer of the right to manage and use the State’s lands until the crime is prevented, the prosecution is the time in which the crime has caused losses and waste to the Government.
Therefore, the damage must be until the moment in which the investigating body decided to process the case, that is, in 2018 with the amount of more than 1,927 million VND when the accusation of the Supreme People’s Prosecutor’s Office was processed.
The defendant Le Thi Thanh Thuy (41 years old, former president of Hoa May Company, Chairman of the board of directors of Lavenue Investment Joint Stock Company – Lavenue Company for short) 5 years in prison. 3 defendants: Dao Anh Kiet (63 years old, former director of the Department of Natural Resources and Environment of Ho Chi Minh City) received 5 years in prison, Nguyen Hoai Nam (55 years old, former District Party secretary of District 2 ) 4 years in prison, Truong Van Ut (50 years, former deputy director of the Division of Land Management of the Department of Natural Resources and Environment of Ho Chi Minh City) 3 years in prison. Mr. Nguyen Thanh Tai and his accomplices were fined for “violating the rules on the management and use of state property, causing loss and waste”, in connection with the allocation and leasing of real estate 8-12 Le Duan ( District 1, Ho Chi Minh City) from the illegal state to private property, causing damage to the state of more than 252 billion VND. |
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