Appeal verdict on 200 million liters of gasoline smuggling case

On April 17, the High People's Court in Ho Chi Minh City announced the appeal verdict in the case of smuggling 200 million liters of gasoline.

Accordingly, the Trial Panel accepted the appeal of the defendants Dao Ngoc Vien (Director of Dai Duong Hai Phong Limited Liability Company) and sentenced him to 15 years in prison (2 years less than the first instance verdict), Phan Thanh Huu (Director of Phan Le Hoang Anh Trading Limited Liability Company) to 13 years and 6 months in prison (2 years and 6 months less than the first instance verdict) for the crime of "Smuggling". The Trial Panel accepted the appeals for reduced sentences of 16 other defendants.

The defendants listen to the appellate verdict. Photo: Thanh Chung/VNA

The trial panel said that after considering new details about the family's personal background and the return of illegally obtained money, there was a basis for reducing the sentences for the above defendants.

The Trial Panel rejected the appeals of the defendants Ngo Van Thuy and Pham Van Sai. According to the Trial Panel, the defendant Ngo Van Thuy, former Captain of Team 3, Anti-Smuggling Investigation Department - General Department of Customs, had no new details and had not repented, so the appeal was rejected and the first instance judgment was upheld.

Regarding the appeal to increase the penalty for 10 defendants, the Trial Panel determined that the sentence at the first instance was appropriate and had sufficient deterrence andeducation . Regarding the appeal to confiscate the VND53.4 billion Phan Thanh Huu and Dao Ngoc Vien contributed to buy smuggled gasoline; VND30 billion of the money Huu transferred to Trung to borrow to import gasoline; and VND4.7 billion Hieu and Tien contributed to buy gasoline from Duc because these were the means of committing crimes, the Trial Panel determined that the above amounts had been used by the defendants in the case of buying smuggled gasoline for consumption and had been converted into goods. During the investigation, the Investigation Agency seized and confiscated the amount of gasoline smuggled by the defendants. During the trial, the Court of First Instance ordered the defendants to return the illegally obtained money. Therefore, the Appeal Panel determined that there was no basis to accept the appeal of the Procuracy on this content.

According to the first instance verdict, from March 2020 to February 2021, Phan Thanh Huu and Dao Ngoc Vien's group contributed VND54 billion to smuggle gasoline from Singapore to Vietnam. The group hired ships to transport 48 shipments of smuggled gasoline, totaling nearly 200 million liters, worth nearly VND2,600 billion. Of which, the defendants consumed nearly 200 million liters, illegally profiting hundreds of billions of VND.

At the first instance trial of 74 defendants in December 2022, the People's Court of Dong Nai province sentenced defendants Dao Ngoc Vien to 17 years in prison, Phan Thanh Huu to 16 years in prison, all for "Smuggling"; Ngo Van Thuy to 15 years in prison for "Accepting bribes". The remaining defendants were fined; sentenced to time in detention; sentenced from 3 years in prison but suspended to a maximum of 15 years in prison, all for "Smuggling".

After the first instance verdict, 26 out of 74 defendants asked for a reduction in their sentences and 14 people with related rights and obligations requested a review of the civil part. The Chief Prosecutor of the High People's Procuracy in Ho Chi Minh City appealed to increase the sentences for 28 defendants.

During the preparation phase for the appeal trial, the High People's Procuracy in Ho Chi Minh City withdrew its appeal against 15 defendants; some defendants withdrew their appeals; the companies involved in the case requested to withdraw their appeals regarding the handling of evidence. When it came to the indictment, the Procuracy withdrew its appeal against 3 defendants, only appealing to increase the sentence for 10 defendants.

According to Tin Tuc Newspaper

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