Rented a car and pawned it, sentenced to 54 months in prison

(Baonghean.vn)- On December 5, the People's Court of Nghe An province opened a criminal trial, tried at first instance, and sentenced Bach Anh Quynh (35 years old, residing in Nghi Phong commune, Nghi Loc district) to 30 months in prison and Hoang Van Ha (32 years old, residing in Nghi Xuan commune, Nghi Loc district, Nghe An) to 24 months in prison for the crime of abuse of trust to appropriate property.

According to the case file, at around 7:30 p.m. on September 11, 2016, after drinking with Ha, Quynh said she needed a car to go to work.

Quynh asked Ha to rent a self-driving car and Ha agreed. Because Ha had no assets to leave for the car rental company, Quynh called Uy Tam Trading and Service Company Limited (in Nghi Phong commune, Nghi Loc district) so Ha could rent the car.

Defendants Bach Anh Quynh and Hoang Van Ha after the appellate panel of the Nghe An Provincial People's Court announced the verdict. Photo: Khanh An

After Quynh called Mr. Vuong Dinh Long - Director of Uy Tam Company, Ha came to the company to collect the Hyundai Avante car. Accordingly, the two parties signed a car rental contract from 7:00 p.m. on September 11 to September 12, 2016, for 600,000 VND per day, for the purpose of commuting.

After renting the car, on the night of September 11, 2016, Quynh asked Ha to use the car to take her to work in Nghi Phu commune (Vinh city) and then they both went home to sleep. The next day (September 12, 2016), Quynh had the idea of ​​pawning the car that Ha had rented to get money to pay off the debt.

Quynh called Mr. Nguyen Duc Chien (in Nghi Thach commune, Nghi Loc district) - the owner of the pawn shop, and asked if he pawned cars. Chien asked if the car was owned by the owner? Quynh said "rented car", Mr. Chien replied "I rented the car, no pawning at all".

But when Quynh said the rental car had all the necessary papers, Mr. Chien agreed. At around 11:00 a.m. on September 12, 2016, Quynh drove the car with Ha to Mr. Ha's pawn shop to pawn the car to borrow 30 million VND. Quynh wrote a loan paper and Ha signed the confirmation (in Vinh City) to borrow 30 million VND.

When the car rental expired and Ha did not return it on October 8, 2016, Mr. Vuong Dinh Long went to the police to report the incident. The Nghi Loc District Valuation Council valued the car at 405 million VND. Quynh and Ha were arrested by the Nghi Loc District Police Investigation Agency, prosecuted, and prosecuted.

The car Hoang Van Ha rented and then pawned with Quynh. Photo archive.

After the Nghi Loc District People's Court held a first-instance trial and sentenced Quynh to 4 years in prison and Ha to 3 years in prison for the crime of abuse of trust to appropriate property, on August 8, 2007, defendants Quynh and Ha filed an appeal claiming their innocence.

On November 26, at the appeal hearing, defendant Quynh supplemented and amended the appeal with the content that the defendant felt that the court of first instance had tried the defendant for the crime of abuse of trust to appropriate property was correct, the defendant would no longer appeal for injustice but only asked the appellate court to reduce the sentence for the defendant. On December 4, also at the appeal hearing, defendant Ha also changed the content of the appeal, no longer appealing for injustice but asking the appellate court to reduce the sentence for the defendant.

The appellate court held that the two defendants had new circumstances in that they had compensated the victim 26 million VND, but the court of first instance only determined 16 million VND, which was omitting circumstances for the defendants and that the defendants had confessed honestly, realized their mistakes, repented, and the car had been returned to its owner.

Therefore, the appellate panel accepted the appeal for sentence reduction, amended the first instance judgment, and reduced the sentence for defendant Quynh and defendant Ha as above.

Quynh is a local gangster. In 2004, Quynh was sentenced to 7 years in prison for robbery by the Ho Chi Minh City People's Court.

Khanh An