Tomorrow morning (November 29), appeal trial of Nhat Cuong Company case
Tomorrow morning (November 29), the High People's Court in Hanoi will open an appeal trial for the case of "Smuggling" and "Violating accounting regulations causing serious consequences" occurring at Nhat Cuong Technical Services and Trading Company Limited (abbreviated as Nhat Cuong Company).
The trial was opened following appeals from many defendants and protests from the Hanoi People’s Procuracy. The trial is expected to last three days (from November 29 to December 1).
Previously, on May 10, the Hanoi People's Court announced the first instance verdict for 14 defendants in this case. After that, the Hanoi People's Court received appeals from 11 defendants. Among them, the group of defendants used to work atNhat Cuong Companyincluding: Nguyen Bao Ngoc (Financial Director), Tran Ngoc Anh (Deputy General Director), Do Quoc Huy (Sales Director), Nong Van Lu (employee), Hoang Van Phong (Head of Apple products), Nguyen Thi Bich Hang (Chief Accountant), Le Hoai Phuong (employee of Nhat Cuong Company in Guangzhou, China).
The other defendants include: Nguyen Bao Trung (residing in Phuong Mai ward, Dong Da district, Hanoi), Ngo Duc Tung (residing in Duc Giang ward, Long Bien district, Hanoi), Pham Van Hiep (residing in Lac Vien ward, Ngo Quyen district, Hai Phong) and Ngo Tuan Suu (Director of Thanh Son Infrastructure Investment and Development Joint Stock Company).
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| The defendants at the first instance trial. |
In the appeal, 11 defendants requested the Court of Appeal to consider reducing their sentences and exempting them from paying compensation for the consequences of the case.
After the first instance trial, the Hanoi People's Procuracy also appealed the verdict. According to the appeal of the Hanoi People's Procuracy, at the first instance trial, the Hanoi People's Court did not summon the representative of Nhat Cuong Company to attend the trial as a person with related rights and obligations, which was an omission.
Regarding the application of judicial measures, the Procuracy's Appeal Decision clearly stated that the investigation process as well as the results of questioning at the trial determined that the entire amount of 221 billion VND illegally earned from smuggling was imported into Nhat Cuong Company, monitored, accounted for, and managed on the ERP software of Nhat Cuong Company because the defendant Bui Quang Huy (General Director of Nhat Cuong Company) is the entire owner of this company.
The 8 defendants, from the Deputy General Director to the employees of Nhat Cuong Company, are all salaried employees who played a supporting role for the defendant Bui Quang Huy and were not allowed to share in this illegal profit. Therefore, the Procuracy appealed the decision on judicial measures in the First Instance Criminal Judgment No. 144/2021/HS-ST dated May 10, 2021 of the Hanoi People's Court.
Specifically, the Hanoi People's Procuracy requested the Hanoi High People's Court to review the case and amend the first-instance Criminal Judgment No. 144/2021 HS-ST dated May 10, 2021 of the Hanoi People's Court in the following direction: Bringing Nhat Cuong Company to participate in the proceedings as a person with related rights and obligations; forcing Nhat Cuong Company to return the amount of 221 billion VND illegally gained from smuggling to confiscate and transfer to the State budget. Not forcing the defendants: Tran Ngoc Anh, Nguyen Bao Ngoc, Do Quoc Huy, Nong Van Lu, Tran Tat Khoa, Le Hoai Phuong, Ngo Tuan Suu, Ngo Duc Tung, Hoang Van Phong, Nguyen Bao Trung, Pham Van Hiep, Bui Quoc Viet and Do Van Dung to jointly return the amount of 221 billion VND illegally gained.
