Bank staff colluded with customers to defraud and appropriate money by 'contract reversal'
(Baonghean.vn) - With the trick of raising money for people who need to change contracts with high interest rates, bank officials colluded with another subject to defraud and appropriate money.
On October 6, Nghe An Provincial People's Court opened a criminal appeal trial to try Bui Thi Oanh (born in 1988), residing in Hop Thanh commune (Yen Thanh district) and Pham Thi Thuy (born in 1982), residing in Yen Thanh town (Yen Thanh district) for the crime of Fraudulent appropriation of property.
The trial was opened due to the appeal of the defendant Thuy and the victim.
According to the records, around July 2017, Oanh fell into debt so she asked her sister-in-law to borrow 100 million VND from Agribank Yen Thanh District Branch. Therefore, from March to June 2018, Oanh went to Hop Thanh Commune People's Committee many times to pay interest. There, Oanh met Thuy, a credit officer at Agribank Yen Thanh Branch.
During the process of contacting and exchanging with each other, Oanh told Thuy about her dire situation. At this time, Thuy said to find someone with money to borrow money to help Oanh pay off the debt and Oanh would have to give Thuy her effort. Oanh agreed.
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| Two defendants in court. Photo: Tran Vu |
From there, the two began to plan fraudulent tricks such as providing information about the customer's deed at the bank so that people who need to lend money to customers will believe that the deed is real and give them money. The purpose of the two subjects is toCheatappropriate part of that money for profit.
Specifically, through some acquaintances, using fraudulent means to say that someone needed to borrow money to transfer the contract, Oanh and Thuy borrowed 550 million VND from Mr. Nguyen Phuc L. (residing in Vinh City). Of that amount, Oanh took 100 million to pay personal debts, Thuy took 50 million for wages, and Thuy kept the remaining 400 million VND.
The investigation agency also determined that Thuy was an accomplice of Oanh in the fraud and appropriation of money from Nguyen Cong H. (residing in Yen Thanh town). Also using the trick of borrowing to defraud contracts, the subjects contacted Mr. H.
Between August 22, 2018 and September 5, 2018, Mr. H. transferred money to Thuy's account 6 times, with a total amount of more than 1.6 billion VND. However, based on the collected evidence, it was determined that Thuy was an accomplice with Oanh in the fraud of appropriating Mr. H.'s property of 400 million VND. Both must bear criminal responsibility for this amount. In which, Thuyusurp190 million VND, Oanh 210 million VND.
Regarding the remaining amount of more than 1.2 billion VND of Mr. H., because there is not enough basis to prove that Oanh and Thuy committed fraud and property appropriation with this amount of money. Mr. H. has the right to sue Oanh and Thuy in civil court for this amount of money. The first instance court, tried by the People's Court of Yen Thanh district, sentenced Pham Thi Thuy to 8 years in prison and Bui Thi Oanh to 7 years in prison for fraud and property appropriation. The court also ordered the defendants to return the money the defendants had defrauded.
After that, the defendant Thuy appealed the verdict and claimed his innocence. The victim, Mr. H., also appealed the verdict, claiming that the defendant had appropriated more than 1.2 billion VND from him, not 400 million VND as stated in the first instance verdict.
During the trial, the panel of judges did not accept the defendant's appeal, accepted part of the victim's appeal and decided to annul the first instance judgment, returning the case to the Yen Thanh District People's Court for investigation according to the procedure.