Former Director of Auction Company in Nghe An Prosecuted

In 2019, in Nghe An, there were 4 cases of "Abuse of power and position, appropriation of property" investigated, prosecuted and tried under Article 355 of the Penal Code. The 4 cases have been and are being handled by the relevant authorities, including:

1. The case of Phan Thi Thu Huong - former employee of the Business Department (Vinh City Electricity) abused her position and power, embezzling more than 2.7 billion VND

The summary of the case is as follows:

At 9:00 a.m. on June 12, 2019, the Investigation Police Agency (PC03), Nghe An Police received Phan Thi Thu Huong, born in 1976, residing in Block 9, Le Loi Ward, Vinh City, formerly an employee of the Vinh City Electricity Business Department, who confessed to her crime. At the investigation agency, Phan Thi Thu Huong confessed: In 2006, Huong was assigned to work at the Vinh City Electricity Business Department. Her job duties were to monitor, clear debts (operations on software) for customers, and report on business.

Illustration

Every month, after collecting electricity bills from customers, at the end of the month, Ecpay cashiers must contact Phan Thi Thu Huong to check the debt and clear the debt on the software for customers. Taking advantage of her job position and acquaintance, Phan Thi Thu Huong transferred to 4 Ecpay employees: Le Thi Thu Hien, Do Thanh Long, Tran Quoc Viet and Le Thi Thuy Van a notice of electricity bill collection with the seal of Vinh City Electricity and requested Ecpay employees to collect electricity bills from customers who are businesses and individuals with large sales using the electricity bill notices and transfer the collected amount to Huong so that Huong can directly clear the debt for customers on the CMIS system managed by Huong.

Because of trust, Ecpay employees transferred the collected money to Huong. Upon receiving the money, Huong marked the debt for the customer on the tracking system. The total amount of money that Phan Thi Huong appropriated for personal use was: 2,746,859,584 VND.

Through checking the cash book, the electricity bill collection account and working with the Accountant and Treasurer of Vinh City Electricity, it was determined that the entire amount of money mentioned above was not deposited into the cash fund or the electricity bill collection account of Vinh City Electricity. On June 20, 2019, the Investigation Police Agency of Nghe An Province Police issued a decision to prosecute the criminal case, prosecute the accused and issue an arrest warrant for Phan Thi Thu Huong for the crime of "Abusing position and power to appropriate property".

The case has now been completed and transferred to the Procuracy for prosecution.

2. Nguyen Anh Tuan case "Abuse of power and position, appropriation of property" related to land auction activities.

Summary of the case as follows:

At about 3:20 p.m. on June 4, 2019, Nguyen Anh Tuan, born in 1974, residing in Nghi Phu commune, Vinh city, former Director of Nghe Tinh Joint Stock Auction Company, requested Nguyen Van Phuc, Nguyen Van Phuong, Nguyen Trong Dat, who were participants in the land auction conducted by Nguyen Anh Tuan's company, to transfer a total amount of VND 39,000,000 to Tuan or else Tuan would not prepare the land auction documents for him. Nam Dan district police inspected, discovered, and made a record.

Headquarters of Nghe Tinh Joint Stock Auction Company. Photo source: Zing.Vn

On June 10, 2019, the Investigation Police Agency of Nam Dan District Police issued a decision to initiate a criminal case, prosecute the accused, and apply preventive measures to prohibit Nguyen Anh Tuan from leaving his place of residence for the crime of "Abusing position and power to appropriate property". The case has now been transferred to the Procuracy for prosecution.

3. The case of Ho Duc Truong - medical staff of the Center for Education and Social Labor of Vinh City Abusing position and power to appropriate 20,000,000 VND.

The summary of the case is as follows:

On September 24, 2019, Vinh City Police received a crime report from Ms. Trinh Thi Thu Ng. (born in 1971, residing in Mau Lam hamlet, Hung Loc commune, Vinh city) regarding the case: Ms. Ng.'s son, Mr. Pham Phi L. (born in 1994, residing in Mau Lam hamlet, Hung Loc commune, Vinh city) is currently undergoing compulsory drug rehabilitation at the Vinh City Social Labor Education Center.

On May 21, 2019, a man claiming to be an officer of the Vinh City Social Labor Education Center repeatedly called Ms. Ng. at the phone number 0368.515.562, saying that if Ms. Ng. did not want her son to be tried or not have to go to a drug rehabilitation center further away than the Vinh City Social Labor Education Center, Ms. Ng. had to give that man 45,000,000 VND. Because she was worried about her son, Ms. Ng. agreed. On May 25, 2019, the man asked Ms. Ng. to pay in advance 20,000,000 VND to allow her son to stay and continue drug rehabilitation at the Vinh City Social Labor Education Center and arranged to deliver the money at a student cafe on Dang Thai Mai Street, My Hau Hamlet, Hung Loc Commune, Vinh City.

Vinh City Social Labor Education Center. Photo source: Dan Tri

At around 11:15 a.m. the same day, at the above coffee shop, Vinh City Police caught red-handed a man named Ho Duc Truong, born in 1975, residing in Phong Khanh hamlet, Hung Hoa commune, Vinh City - a medical staff of the Vinh City Center for Education and Social Labor for the act of "Abusing position and power to appropriate property". Confiscated the amount of VND 20,000,000 (including 40 VND 500,000 bills) and 01 used white Iphone 5 mobile phone.

At the investigation agency, Ho Duc Truong confessed to all of his actions as stated above. The employment contract No. 48 dated May 5, 2018 that Vinh City Social Labor Education Center signed with Ho Duc Truong expired on May 4, 2019, but the Center has not signed a new contract because according to Clause 2, Article 22 of the 2013 Labor Code, within 30 days from the date Ho Duc Truong's contract with the Center expires and if a new contract has not been signed, Truong will still work at Vinh City Social Labor Education Center as a medical staff of this Center.

On June 3, 2019, the Vinh City Police Department issued a decision to prosecute the case, prosecute the accused and issue an arrest warrant for Ho Duc Truong for the crime of "Abusing position and power to appropriate property".

The trial ended on October 21, 2019 and Ho Duc Truong was sentenced to 12 months in prison but given a suspended sentence, with a 24-month probation.

4. The case of the Inspector of Market Management Team No. 8 taking advantage of his position and authority in checking documents and medical examination and treatment procedures to appropriate 6 million VND from the people.

The summary of the case is as follows:

On the morning of December 4, 2018, Nguyen Van Quang, born in 1968; Truong Van Cuong, born in 1984; Vo Thanh Vinh, born in 1986, all inspectors of Market Management Team No. 8, took advantage of their positions and powers in checking documents and medical examination and treatment procedures to appropriate 6 million VND from Mr. Vi Van Hung, Ban Noong, Ngoc Lam Commune, Thanh Chuong District.

Camera images recorded a group of market management officers coming to Mr. Vi Van Hung's house. Documentary photo cut from Clip.

On January 18, 2019 and January 29, 2019, the Investigation Police Agency of Thanh Chuong District Police issued a Decision to prosecute the accused and an arrest warrant to detain Truong Van Cuong, Vo Thanh Vinh, and Nguyen Van Quang for the crime of "Abusing position and power to appropriate property" according to the provisions of Article 355 of the 2015 Criminal Code (amended and supplemented in 2017).

On January 29, 2019, the Thanh Chuong District People's Procuracy issued a decision to transfer the case to the Nghe An Provincial Police Department for investigation. The case has now completed investigation, prosecution, and trial.

Article 355 of the 2015 Penal Code (amended and supplemented in 2017) stipulates the crime of abusing position and power to appropriate property as follows:

1. Anyone who abuses his/her position or power to appropriate another person's property worth from VND 2,000,000 to under VND 100,000,000 or under VND 2,000,000 but falls into one of the following cases, shall be sentenced to imprisonment from 01 year to 06 years:

a) Having been disciplined for this behavior but still violating;

b) Having been convicted of one of the crimes specified in Section 1 of this Chapter, not having had the criminal record expunged, and still committing the violation.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 06 to 13 years:

a) Organized;

b) Using cunning and dangerous tricks;

c) Committing the crime 02 times or more;

d) Appropriating property worth from VND 100,000,000 to under VND 500,000,000;

d) Causing property damage from 1,000,000,000 to under 3,000,000,000 VND

e) Appropriating money and assets used for the purpose of hunger eradication and poverty reduction; money, allowances, subsidies, and incentives for people with revolutionary contributions; reserve funds or money and assets for subsidies and donations to areas affected by natural disasters, epidemics, or areas with special economic difficulties.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 13 to 20 years:

a) Appropriating property worth from VND 500,000,000 to under VND 1,000,000,000;

b) Causing property damage from VND 3,000,000,000 to under VND 5,000,000,000;

c) Leading to bankruptcy or cessation of operations of other enterprises or organizations;

d) Adversely affecting social security, order and safety.

4. Committing a crime in one of the following cases shall be punishable by 20 years' imprisonment or life imprisonment:

a) Appropriation of property worth VND 1,000,000,000 or more;

b) Causing property damage of VND 5,000,000,000 or more.

5. The offender is also prohibited from holding certain positions from 01 year to 05 years, may be fined from 30,000,000 VND to 100,000,000 VND, and may have part or all of his/her assets confiscated.