For the same crime as above, the Procuracy also asked the court to sentence defendant Nguyen Duc Tai (56 years old, former Director of Dong A Bank (NH) Exchange) and defendant Nguyen Thi Ngoc Van (54 years old) , former Deputy General Director of Dong A Bank) each defendant received 2 - 3 years in prison; Defendant Nguyen Thi Ngo (70 years old, General Director of Asia-Pacific Human Resources Development and Education Joint Stock Company) was sentenced to 7-8 years in prison.
Defendant Tran Phuong Binh in court
Thus, the sentence proposed by the Procuracy is lower than the penalty range that the defendants were prosecuted in Clause 3, Article 179 of the Penal Code, which has a penalty range of 10 - 20 years in prison.
According to the representative of the Procuracy, the two defendants, Tai and Van, are salaried workers and only followed defendant Binh's instructions without receiving any benefits. Defendant Binh, as the mastermind of the case, violated lending regulations, creating conditions for defendant Ngo to enjoy all of more than 2 billion VND.
However, except for defendant Ngo, who did not admit to committing the crime as charged, the remaining three defendants repented and received many certificates of merit in their work, including defendants Binh and Tai who are older. Therefore, the Procuracy requested the court to impose the above sentence.
The defendants alleged that in 2007, Dong A Bank issued shares to the public twice to increase its charter capital from VND 2 billion to VND 880 billion. Defendant Binh discussed and agreed with defendant Ngo about participating in buying shares to increase capital of Dong A Bank with the money from this bank's loan capital.
Defendant Binh instructed his subordinates to lend defendant Ngo 10 loans, totaling 297 billion VND. Defendant Ngo used 269 billion VND and 69 billion VND of loans from Eximbank and ACB to buy 26.500 shares to increase capital of Dong A Bank for 339 billion VND.
In 2008, after the loans to buy 26.500 Dong A Bank shares mentioned above came due for repayment, defendant Ngo was unable to repay the banks. Therefore, defendant Ngo continued to ask defendant Binh to direct his subordinates to lend 115 more loans, totaling more than 1.055 billion VND to roll over 12 loans to buy 26.500 shares of Dong A Bank in 2007.
Defendant Ngo asked relatives and employees to borrow money in his name so that he could use the loan money to roll over old loans that were due to be repaid. By 2016, defendant Ngo had outstanding debt from Dong A Bank for 42 loans with an amount of more than 1.200 billion VND.
Defendant Binh directed defendants Tai and Van to have these defendants prepare and sign a request for defendant Binh to sign and approve the loan to defendant Ngo without collateral and without appraising the loan application... Consequences causing damage to Dong A Bank of more than 980 billion VND, which cannot be recovered.
This is the fourth case in which defendant Tran Phuong Binh was brought to trial related to Dong A Bank. Specifically, in early 4, the High People's Court in Ho Chi Minh City on appeal sentenced defendant Binh to life in prison for two crimes of intentionally violating State regulations on economic management, causing serious consequences; and the crime of abusing positions and powers 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 activities of credit institutions. For the same crime, in 2023, the Ho Chi Minh City People's Court tried the first instance and sentenced defendant Binh to 20 years in prison.
