Court sentenced Duong Chi Dung and Mai Van Phuc to death

December 16, 2013 20:10

On the afternoon of December 16, the Hanoi People's Court determined that former Director of the Maritime Administration Duong Chi Dung was unrepentant and gave a evasive statement about causing more than 366 billion VND in damage and embezzling 10 billion VND. The Hanoi People's Court increased the punishment and sentenced the defendant to death.

Hội đồng xét xử tuyên án Dương Chí Dũng và đồng phạm.
The jury sentenced Duong Chi Dung and his accomplices.

The sentencing was about an hour later than scheduled. After more than 2 hours of reading the verdict, at 5:30 p.m., the presiding judge declared Mr. Dung guilty of embezzlement and intentionally violating state regulations on economic management, causing serious consequences. The maximum penalty for embezzlement is the death penalty. For intentionally violating the law, Mr. Dung was sentenced to 18 years in prison. The total sentence is the death penalty.

Defendant Mai Van Phuc (former general director of Vinalines) was sentenced to the same sentence as Mr. Dung for both crimes.

Defendant Tran Huu Chieu (former deputy general director of Vinalines) was sentenced to 10 years in prison for embezzlement and 9 years in prison for intentional wrongdoing; totaling 19 years. Tran Hai Son (former general director of Vinalines Ship Repair Company) was sentenced to 22 years in prison.

For the crime of intentionally violating state regulations on economic management causing serious consequences, defendant Bui Thi Bich Loan (former chief accountant of Vinalines) was sentenced to 4 years in prison; Mai Van Khang (former deputy general director of Vinashin Ocean Shipping One Member Co., Ltd. under Vinalines) received 7 years in prison, Le Van Duong (former inspector of Inspection Sub-Department No. 6, Vietnam Register) received 7 years. The three defendants Huynh Huu Duc (former deputy director of Van Phong Customs Sub-Department, Khanh Hoa, concurrently deputy chief of office of Khanh Hoa Customs Department), Le Ngoc Trien (former head of the Van Phong Customs Sub-Department's professional team), Le Van Lung (former officer of Van Phong Customs Sub-Department) each received 8 years in prison.

The panel of judges recommended that the Ministry of Public Security's Investigation Police Agency continue to clarify the violations of the Ministry of Transport, the Ministry of Finance, and Citibank; if there are signs of criminality, prosecution must be initiated. The General Department of Customs must review its responsibilities in this case.

Mr. Dung and Phuc each have to compensate for damages of 110 billion VND. Defendant Chieu compensated more than 39 billion VND, Son 46 billion VND, Khang 12 billion VND, Loan 6 billion VND, Duong 15 billion VND. Defendant Duc, Trien, and Lung each have to pay 9 billion VND.

According to the first instance verdict, Duong Chi Dung was identified as the mastermind, signing the decision approving the investment in the Factory, directing Phuc and Chieu to buy the floating dock causing a loss of 366 billion VND, directing the embezzlement of 1.66 million USD, of which the defendant himself embezzled 10 billion VND.

Mai Van Phuc led and directed Chieu and Son to conduct surveys that were not true to reality and signed contracts to pay for the purchase of the floating dock, causing a loss of 366 billion VND. Through this purchase, the defendant and his accomplice embezzled 28 billion VND, taking 10 billion VND for themselves.

Afternoon: Signed project documents, presented to Phuc to buy the floating dock, members of the survey team, reported false facts, initialed payment for the floating dock purchase contract, causing a loss of 366 billion VND, thereby embezzling more than 28 billion, and was divided 340 million.

Dương Chí Dũng cùng đồng phạm nghe tuyên án.
Duong Chi Dung and his accomplices listen to the verdict.

Son participated in the survey, signed, and allowed Chieu Trinh Phuc to buy the floating dock, causing a loss of 366 billion VND. His accomplices embezzled 28 billion VND and benefited more than 7.8 billion VND.

Mai Van Khang, with Son's initials, reported an incorrect survey of the floating dock, helping Son buy the floating dock causing a loss of 366 billion, a lesser role.

Loan did not sign the payment request but directed her subordinates to make payments and disburse 900,000 USD. Ms. Loan knew that the leader was wrong but did not comment, showing a sense of abandonment to the consequences of the loss of 366 billion VND, providing the least assistance.

Le Van Duong, made a record according to Chieu's request, Son did not follow the facts, helping Vinalines buy the floating dock, causing a loss of more than 366 billion VND.

Huynh Huu Duc, who carried out customs procedures and facilitated Vinalines to import floating docks into Vietnam, must be responsible for causing damage of more than 366 billion VND.

Le Ngoc Trien, after a detailed inspection, discovered that the floating dock was too old, but still calculated taxes to transfer to Le Van Lung, signed a confirmation, and imported the floating dock. The defendants Dung, Phuc, and Chieu were leaders but intentionally violated the law, causing great economic losses to the State. Son was not a leader of Vinalines but accepted the will of his superiors, causing losses.

The panel of judges determined that the act of encroaching on state property had serious consequences. The defendants were given aggravating circumstances. Defendant Dung, in particular, had fled, showing a desire to evade responsibility, so aggravating circumstances were applied. However, when considering the sentence, the panel of judges also considered mitigating circumstances such as Dung being awarded many labor medals, emulation medals, many certificates of merit for other production activities, and having parents who were awarded many resistance medals, so mitigating circumstances were applied.

Phuc has many achievements, is a grassroots emulation fighter, and his parents awarded him a resistance medal. Chieu was awarded a third-class labor medal, a grassroots emulation fighter... Son confessed honestly, overcame the consequences, and his father awarded him a resistance medal. Khang, was recognized for many years as a grassroots emulation fighter. Loan was awarded a certificate of merit by the Prime Minister and the Ministry of Transport... Duong, was awarded a resistance medal by his father. Duc was awarded a certificate of merit for many years. Trien, was awarded a certificate of merit by the Minister of Finance, and joined the army. Lung, joined the army, had many certificates of merit, and his wife suffered from a serious illness.

Based on aggravating and mitigating circumstances, the defendants were once party members but had degenerated, including 4 defendants who embezzled property.

Among the defendants who violated the law, Dung and Phuc had the highest role, equal, and had aggravating circumstances. But both were also given mitigating circumstances to reduce their sentences. Chieu had a role after Dung and Phuc. Duong did not fulfill his responsibility as an inspector, and was evasive in denying his crime. Duc, Lung, and Trien, if they had followed the correct procedures, would not have been able to import the floating dock and had equal roles.

Dung and Phuc had equal roles in the embezzlement, but did not admit their actions and therefore did not remedy the consequences. It is necessary to apply the highest penalty within the penalty framework to have a deterrent effect.

Case developments:

On February 1, 2012, the Investigation Police Agency of the Ministry of Public Security initiated a case of embezzlement of assets occurring at Vinalines Ship Repair Company Limited, a subsidiary of the Maritime Corporation, Vinalines.

On May 17, 2012, the Ministry of Public Security's Investigation Police Agency initiated a case of intentionally violating state regulations on economic management causing serious consequences at Vinalines.

On the same day, May 17, 2012, the Ministry of Public Security's Investigation Police Agency prosecuted Mr. Duong Chi Dung, Mai Van Phuc, Tran Huu Chieu, Bui Thi Bich Loan, Mai Van Khang, Le Van Duong, Huynh Huu Duc, Le Van Lung, Le Ngoc Trien and Tran Hai Son for the crime of intentionally violating state regulations on economic management causing serious consequences.

At this time, Mr. Dung had left Vinalines for 2 months after many years as Chairman of the Board of Directors to take the position of Director of the Maritime Administration. However, Mr. Dung fled before the investigation agency executed the arrest warrant on May 18, 2012. In early September 2012, Mr. Dung was arrested under an international arrest warrant.

On September 25, 2013, the Investigation Police Agency initiated additional charges of embezzlement of property against Mr. Dung, Mr. Phuc, Mr. Son and Mr. Chieu.

According to VnExpress

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Court sentenced Duong Chi Dung and Mai Van Phuc to death
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