Accordingly, the Trial Panel (Jury) sentenced defendant Do Anh Dung (Chairman of the Board of Directors and General Director of Tan Hoang Minh Company) to 8 years in prison, and Do Hoang Viet (son of defendant Dung, Deputy General Director of Tan Hoang Minh Company) 3 years in prison.
8 defendants belong to Tan Hoang Minh Company: Phung The Tinh (former Director of the Center for Finance - Accounting, cum Director of the Department of Finance - Accounting) and Hoang Quyet Chien (acting Deputy Director of the Center for Finance - Accounting Accountant, cum Director of Finance and Accounting Department) 30 months in prison; Le Thi Mai (former Deputy Director of the Capital Resources Department), Vu Le Van Anh (Deputy Director of the Capital Resources Department), Nguyen Van Khan (Deputy Head of the Budget Department of the Center for Finance and Accounting) both received 30 months in prison but were released from prison. suspended sentence; Le Van Thinh (Deputy General Director), Tran Hong Son (Deputy General Director), Nguyen Khoa Duc (Assistant Deputy General Director of Tan Hoang Minh Company, Director of Winter Palace Joint Stock Company) were also fined. 24 months in prison.
5 other defendants include: Nguyen Manh Hung (Chairman of the Board of Directors of Viet Star Real Estate Investment Company Limited) was sentenced to 24 months in prison; Bui Thi Ngoc Lan (former Director of Nam Viet Auditing and Financial Accounting Consulting Services Limited Northern Branch) and Le Van Do (General Director of Nam Viet Auditing and Auditing Services Limited Liability Company Hanoi Police) with the same sentence of 24 months in prison but with a suspended sentence; Nguyen Thi Hai (former Deputy General Director of Hanoi CPA Company) and Phan Anh Hung (former Deputy Director of Hanoi CPA Company, Saigon Branch) were sentenced to the same 18 months in prison but were given suspended sentences.
Fraud chAppropriation of property with a particularly large amount of money
The jury determined that based on the testimony, evidence, and documents examined at the trial, from June 6 to March 2021, the defendants violated the law while raising capital with corporate bonds. single.
The bond issuance is carried out through 3 subsidiaries (including Viet Star Company, Soleil Company and Winter Palace Company) with 9 individual corporate bond packages, total issuance value is 10.030 VND. billion VND to raise money for Tan Hoang Minh Group.
To issue bonds, the defendants colluded to carry out many fraudulent acts and tricks, validating conditions, issuance documents, offering procedures, and bond transactions. The defendants fabricated business activities by signing bogus investment cooperation contracts, deposits, stock purchases, etc. between Tan Hoang Minh companies.
At the same time, colluding with the group of defendants at the auditing unit to validate the financial report data of the 3 issuing companies, giving full approval so that these companies were eligible to issue bonds. .
After the three companies issued bonds, Tan Hoang Minh bought back these bond lots. Defendants Do Anh Dung and Dung directed the signing of "fake" bond transfer contracts, running "false" cash flows representing payment from Tan Hoang Minh Company to the issuing company. From here, Tan Hoang Minh sells bonds to individual investors. The total amount of money Do Anh Dung and his accomplices raised was nearly 3 billion VND. This amount of money is not used for the purpose of issuing bonds. The defendants appropriated more than 14.000 investors a total of more than 6.600 billion VND, using it for many different purposes, not for the purpose of issuance.
The jury found that the defendants had committed acts of fraudulent appropriation of property with a particularly large amount of money, worsening social order and security, requiring the defendants to be isolated from society for a period of time for education.
In this case, defendant Do Anh Dung, through Do Hoang Viet, his subordinate and biological son, directed the entire fraudulent activity in the form of issuing private corporate bonds, in order to mobilize capital takes money. The defendant used money paid by investors to buy bonds for the wrong purpose of issuing bonds, appropriating more than 8.600 billion VND. Therefore, Dung was determined to have the highest role in the case and should be given a higher penalty than other defendants.
To ensure fairness for the defendants, it is necessary to force defendant Do Anh Dung to compensate all damages of more than 8.600 billion VND to 6.630 victims. During the investigation, defendant Do Anh Dung's family recovered more than VND 5.000 billion. The investigation agency has seized more than 2.000 billion VND. Thus, a total of more than 8.600 billion VND has been collected to overcome the consequences of the case. The jury decided to continue temporarily holding this amount of money to ensure the execution of the judgment.
Regarding the opinions of the victims about asking the Tan Hoang Minh defendants to pay them interest, the jury found that this is a criminal case, so the civil compensation liability related to the appropriated money is There is no basis to calculate interest as requested by the victims. This request will only be considered and resolved after the judgment determining the defendants' compensation liability takes legal effect. Other damages unrelated to the amount appropriated by the defendants also have no basis for consideration./.