Commune cadastral officer defrauded and appropriated property

Defendant Tan in court

Around July 2019 - October 2020, Tan was appointed as a civil servant of the People's Committee of Binh Thanh commune (Thoai Son district), assigned to be in charge of the fields of land administration - agriculture - construction - environment; presiding over and coordinating with judicial officials to receive, check and advise on the processing of relevant records and documents when people come to register for land use rights transfer; conducting examination and verification of land origin, current status of land registration and use, land dispute status... During the process of receiving land use rights transfer records of the people, Tan took advantage of his position and authority, did not transfer the land according to the people's request, but lied to Nguyen Minh Hai, Nguyen Duy Thanh, Le Truong Han (Tan's friend), Ly An Khuong, Duong Kim Huyen (Khuong's wife, Tan's friend) that the land belonged to Tan and asked Hai, Thanh, Han, Khuong, Duyen to stand in their names to receive the transfer. Because they were familiar with each other, everyone trusted and agreed. Tan prepared documents and procedures for transferring land use rights to Hai, Thanh, Han, Khuong, Duyen and sent them to the competent authority to issue land use rights certificates. Then, Tan asked Hai, Thanh, Han, Khuong, Duyen to mortgage the land use rights to the bank to appropriate the loan money.

Accordingly, Tan has done it 5 times to gain money. Specifically, around the end of 2017, Mr. Ngo Thanh Thuan received the transfer (purchase) of land use rights, an area of 3,300m2 from Ms. Ngo Thi Kim Hung (Mr. Thuan's younger sister, residing in Binh Thanh hamlet, Binh Thanh commune, Thoai Son district) for 90 million VND. On December 28, 2017, Ms. Hung went to the People's Committee of Binh Thanh commune to submit documents to transfer land use rights to Mr. Thuan. On February 2, 2018, Mr. Thuan was granted a certificate of land use rights, house ownership rights and assets attached to land No. CL903111 by the Department of Natural Resources and Environment. After receiving the Land Use Right Certificate, Tan did not hand it over to Mr. Thuan. On July 15, 2019, Tan prepared documents to transfer the above Land Use Right Certificate to Khuong and Huyen (according to Land Use Right Certificate Transfer Contract No. 115, Book 01/2019-SCT/HĐGD, dated July 15, 2019). On August 20, 2019, Khuong and Huyen were confirmed by the Thoai Son Branch Land Registration Office in Land Use Right Certificate No. CL903111.

Then, Tan asked Khuong and Huyen to bring the above land use right certificate to the Viet Capital Commercial Joint Stock Bank , An Giang Branch - Thoai Son Transaction Office to borrow 100 million VND. Khuong and Huyen received the money and gave it all to Tan, without any benefit. On December 31, 2019, Tan gave money to Khuong and Huyen to close the credit contract with the bank, redeemed the land use right certificate and gave it to Tan to complete the procedures for transferring the above land use right certificate to Han (according to the Land Use Right Transfer Contract No. 158, Book 01/2019-SCT/HDGD, dated December 31, 2019). On January 3, 2020, Han was signed by the Thoai Son Branch Land Registration Office to confirm his name in the land use right certificate No. CL903111.

With the same method and tricks as above, around October 2020, Tan lied to Nguyen Thanh Giang (Tan's friend) that Le Phu Cuong wanted to transfer a plot of land (rice land), an area of about 1,300m2, located in Binh Thanh commune for 265 million VND and said that a woman named Phuong in Ho Chi Minh City was in need of receiving the transfer of this plot of land for 400 million VND. Tan told Giang to cooperate and give Tan 265 million VND to receive the transfer of the above plot of land, then transfer it to Phuong for profit. Regarding the name transfer procedure, Tan was responsible and agreed to only receive 40 million VND in profit, the rest was Giang's. The truth was that on October 8, 2020, Giang met and gave Tan 265 million VND. After receiving the money, Tan gave Giang to sign the land use rights transfer contract prepared by Tan and gave Giang a copy (not notarized or certified); Tan promised Phuong that 10 days later, he would transfer the principal and interest. On October 27, 2020, Giang learned that Tan had embezzled the money and fled, so he went to the police to report...

At the first instance trial, the defendant Tan had no comments on the content of the indictment, and confessed to all his crimes because he wanted money to spend, he took advantage of his position and people's trust; the defendant also realized and repented. The trial panel affirmed that the defendant Tan had taken advantage of his assigned position to create fake procedures for transferring land use rights of many people to the names of his friends and relatives so that the competent authorities could issue land use right certificates, house ownership rights and assets attached to the land to these people incorrectly; violated the administrative management order of the State; violated the legitimate rights and interests of individuals protected by law, with a total value of land use rights at the time of issuance of the certificate of more than 2.24 billion VND and appropriated 265 million VND from the victim Tu; 465 million VND from the victim Giang. The total amount of money that the defendant Tan appropriated was more than 2.3 billion VND.

The Provincial People's Court sentenced the defendant Tan to 22 years in prison for the crimes of "Abusing position and power while performing official duties" and "Fraudulent appropriation of property". At the same time, the defendant was required to compensate the victims for the amount of money misappropriated.

NGUYEN HUNG

Source: https://baoangiang.com.vn/can-bo-dia-chinh-xa-lua-dao-chiem-doat-tai-san-a418541.html