If there was a 'love contract', Miss Phuong Nga could be cleared of fraud

If the 16.5 billion VND contract between Nga and the tycoon exists, the beauty queen will be wrongly accused of fraud but may be involved in prostitution.

Affirming that she did not deceive the American, in court, Miss Vietnam in Russia 2007 Truong Ho Phuong Nga revealed many details that the indictment did not show. The 16.5 billion VND that was accused of being defrauded was actually the amount she received from a "love contract" for 7 years between her and this tycoon. Defendant Nguyen Duc Thuy Dung (27 years old, Nga's close friend) confirmed that she had read it, but "the content was actually a sex contract".

"This is a new detail, the public is paying close attention and the Trial Council is also very interested, it is one of the reasons why the People's Court of Ho Chi Minh City decided to return the file to request the investigation agency to clarify. Because it changes in nature, the court must reconsider the fraud charge that the Procuracy has charged Nga with," said lawyer Ha Hai - Ho Chi Minh City Bar Association.

According to Mr. Hai, the prosecution agency must clarify whether or not this contract exists, whether or not Phuong Nga was forced to write a debt acknowledgment, whether the creation of the house purchase contract is a fake contract or an objective truth... to determine whether there is a basis to charge the beauty with property fraud or not.

"If the contract is real, she was wrongly arrested. But even if this happened, the so-called 'love contract' cannot be considered a contract because it violates ethics and is not within the scope of Article 388 of the Civil Code," said lawyer Ha Hai.

"It is very likely that the investigation agency only considers this an act of prostitution, not an invalid contract, and then allows 'the parties to pay each other what they have received' according to Article 137 of the Civil Code. If so, Miss Phuong Nga does not need to return the money to Mr. My because even if she pays the full 16.5 billion, the tycoon cannot return what she has received," the lawyer stated.

At this time, the prosecution agency prosecuted and wrongly accused Phuong Nga and had to compensate the beauty queen. According to the Ordinance on Prostitution Prevention, Nga was fined from a warning to 300,000 VND, while Mr. My was fined from 500,000 to 10 million VND.

Miss Phuong Nga in court on September 21. Photo: Mr.True.

On the contrary, this contract is not real, it is just a one-sided statement, Phuong Nga is not affected legally. Because there is no regulation prohibiting the defendant from presenting all the things that are considered true (including the bedroom), the things he feels... to justify his actions or best protect his legitimate rights and interests.

On the other hand, according to Article 196 of the Criminal Procedure Code on "limits of trial", the court can only consider the crime prosecuted by the Procuracy. "If Mr. My requests to consider Phuong Nga's false statements or slander, in this case it is very unlikely that the court will accept it," the lawyer said.

Regarding the appearance of an email on social media that is said to have been sent by Mr. My to Miss Phuong Nga, containing an agreement to "become a second wife" with many details similar to the beauty's testimony in court, lawyer Nguyen Kieu Hung (defending Phuong Nga) assessed that this is an unverified source but has some details that "match the case file", and will request the investigation agency to clarify. This is very important because it not only clarifies the details related to the case but also protects the honor of the victim.

Miss Phuong Nga was accused of claiming to know many people who could buy cheap houses to lure Mr. My. At first, she introduced a house in District 5, priced at 6 billion VND (market price 8 billion VND), but the transaction was unsuccessful so she switched to another house in District 2 worth 16.5 billion VND.

Nga is said to have fabricated the reason that the house in District 2 was stuck in procedures, and that the money Mr. My had previously given her was used as a deposit for another house on Nguyen Trai Street (District 1) at the same price. The beauty then, through her maid, hired a man to pretend to be the owner of the house. She prepared a fake will and then made fake sales contracts and deposits to deceive the businessman.

Her friend Thuy Dung was accused of being an accomplice. However, in court 2 days ago, both defendants pleaded not guilty.

According to Ngoisao.net