Pham Cong Danh was sentenced to 30 years in prison, appeals of 25 defendants were rejected

After nearly a week of deliberation, the High People's Court in Ho Chi Minh City sentenced Pham Cong Danh and 35 accomplices in the case of causing a loss of more than 9,000 billion VND at the Vietnam Construction Bank (VNCB).

Scene of the trial of the VNCB case.

On January 24, after nearly a month of trial and deliberation, the High People's Court in Ho Chi Minh City sentenced defendant Pham Cong Danh (former Chairman of Vietnam Construction Bank - VNCB) to 18 years in prison for "Intentionally violating regulations on economic management causing serious consequences", and 20 years in prison for "Violating regulations on lending in the operations of credit institutions". The total sentence the defendant must receive is 30 years in prison - the highest sentence for a fixed-term sentence. This is also the sentence that the first instance court sentenced defendant Danh to, the prison term applied from July 29, 2014.

The panel of judges determined that since Pham Cong Danh took control of VNCB, he had continuously committed a series of violations. Specifically, defendant Danh used companies he established to sign fake contracts, withdraw money from VNCB for personal expenses and to pay debts to Thien Thanh Group (of which Danh was the General Director).

In a short period from December 2012 to May 2014, Pham Cong Danh proposed policies, directed, and organized the assignment of employees under VNCB and those working for Thien Thanh Group to commit many illegal acts, causing damage to VNCB of more than VND9,000 billion. By the time the case was initiated (July 26, 2014), VNCB's equity was negative by more than VND18,000 billion, and the total debt payable was VND38,255 billion.

Defendant Pham Cong Danh was sentenced to 30 years in prison, upholding the first instance verdict.

Also prosecuted for the above two crimes, defendant Phan Thanh Mai (45 years old, former General Director of VNCB) received 22 years in prison; Mai Huu Khuong 20 years in prison; Hoang Dinh Quyet 19 years in prison. The panel of judges decided not to accept the appeal of 25 defendants, 27 people with related rights and obligations, upholding the entire first instance judgment dated September 9, 2016 of the Ho Chi Minh City People's Court. The panel of judges found that causing damage of 1 billion VND or more was especially serious and would result in 10 years in prison, the court only imposed a sentence below the penalty range, so it did not accept the appeal.

Regarding the amount of more than 5,000 billion VND, the panel of judges believes that the issue raised by the lawyers has no basis for acceptance, because the above minutes are the basis for lending, this is an act of concealment contrary to regulations. The amount of 5,190 billion VND disbursed in advance is a violation of the lending regulations of the Governor of the State Bank of Vietnam. Therefore, this amount is evidence of the case, which needs to be recovered and returned to VNCB as the first instance judgment has grounds. Therefore, the above amount was not fully paid for the loans of Ms. Tran Ngoc Bich, Mr. Tran Quy Thanh and related individuals, so the transfer of the savings books to VNCB is considered as not fully paid, so the appeal of Tran Ngoc Bich, Tran Quy Thanh and individuals with savings books has no basis for acceptance.

Regarding the proposal of the People's Procuracy to ban people from leaving the country who have been prosecuted and to consider criminal responsibility at the appeal court, the court said that the ban on leaving the country is an administrative measure, and if deemed necessary, the Investigation Police Agency of the Ministry of Public Security will make a decision during the second phase of the investigation of the case.

The court ruled to recover 5,190 billion VND as evidence of the act of intentionally violating state regulations causing serious consequences. Because the money was recovered, defendant Pham Cong Danh still owes Mr. Thanh and Ms. Bich the amount of 5,190 billion VND.

According to Dan Tri