Defendant Tran Phuong Binh was recommended for a lenient sentence in the fourth case.

For the same crime, the Procuracy also requested the court to sentence defendant Nguyen Duc Tai (56 years old, former Director of Dong A Bank Transaction Office) and defendant Nguyen Thi Ngoc Van (54 years old, former Deputy General Director of Dong A Bank) each to 2-3 years in prison; defendant Nguyen Thi Ngo (70 years old, General Director of Asia - Pacific Education and Human Resources Development Joint Stock Company) to 7-8 years in prison.

Defendant Tran Phuong Binh in court

Thus, the sentence proposed by the People's Procuracy is lower than the penalty frame for the defendants prosecuted in Clause 3, Article 179 of the Penal Code, which has a penalty frame of 10 - 20 years in prison.

According to the representative of the People's Procuracy, the two defendants Tai and Van were salaried employees who only followed the instructions of defendant Binh without receiving any benefits. Defendant Binh, as the mastermind of the case, violated the regulations on lending, creating conditions for defendant Ngo to be the one to receive the entire amount of more than 980 billion VND.

However, except for defendant Ngo who did not admit to the crime as charged, the remaining 3 defendants repented and had many certificates of merit in their work, among which defendants Binh and Tai were old. Therefore, the People's Procuracy requested the court to impose the above sentence.

The defendants were accused of issuing shares to the public twice in 2007 to increase its charter capital from VND880 billion to VND1,600 billion. Defendant Binh discussed and agreed with defendant Ngo to participate in purchasing shares to increase Dong A Bank’s capital with money from the bank’s loan capital.

Defendant Binh directed his subordinates to lend defendant Ngo 10 loans, totaling 297 billion VND. Defendant Ngo used 269 billion VND and 69 billion VND borrowed from Eximbank andACB to buy 26,500 shares to increase capital of Dong A Bank at 339 billion VND.

In 2008, after the loans to buy 26,500 shares of Dong A Bank mentioned above came due, defendant Ngo was unable to repay the loans to the banks. Therefore, defendant Ngo continued to request defendant Binh to direct his subordinates to lend 115 more loans, totaling more than 1,055 billion VND to restructure the debt for 12 loans to buy 26,500 shares of Dong A Bank in 2007.

Defendant Ngo asked his relatives and employees to borrow money on his behalf so that he could use the money to pay off old loans that were due. By 2016, defendant Ngo still had 42 outstanding loans from Dong A Bank with an amount of more than 1,200 billion VND.

Defendant Binh directed defendants Tai and Van to prepare and sign a document for defendant Binh to approve for defendant Ngo to borrow without collateral, without appraising the loan application... The consequence was a loss of more than 980 billion VND to Dong A Bank, which is impossible to recover.

This is the fourth case in which defendant Tran Phuong Binh has been brought to trial related to Dong A Bank. Specifically, in early 2022, the High People's Court in Ho Chi Minh City held an appeal and sentenced defendant Binh to life in prison for two crimes: intentionally violating State regulations on economic management, causing serious consequences; and abusing position and power to appropriate property...

In mid-2022, the Hanoi People's Court held a first-instance trial and sentenced defendant Binh to 10 years in prison for violating regulations on lending in the operations of credit institutions. In 2023, the Ho Chi Minh City People's Court held a first-instance trial and sentenced defendant Binh to 20 years in prison for the same crime.

Source link: https://thanhnien.vn/bi-cao-tran-phuong-binh-duoc-de-nghi-muc-an-khoan-hong-trong-vu-an-thu-4-185240328235759277.htm