On May 30, the High People's Court in Da Nang opened an appeal hearing for the largest illegal entry case in Da Nang City, as the Da Nang City People's Procuracy appealed the criminal judgment of the Da Nang City People's Court.
As Thanh Nien reported, in February 2023, the People's Court of Da Nang City held a first-instance trial and sentenced 24 defendants for organizing illegal entry into the country.
Korean defendants in court
Among them, Lee Kwan Young (55 years old, Director of Eyelux Co., Ltd., Vice President of the Central Korean Association) and Seo Yong Jin (50 years old, Director of Han In Hue Co., Ltd.) were both sentenced to 10 years in prison.
Song Hong Sub (51 years old, Director of Khan Vina Brokerage Company) 9 years in prison. To My Hong Oanh (34 years old, employee of KV Global Brokerage Company) 8 years in prison.
Phan Thi Thao Ly (28 years old, employee of Mode Tour Network Co., Ltd.), Pham Thi Phuc (27 years old, employee of Mode Tour Network Co., Ltd.), Van Thi Phuong Thao (34 years old, Director of OK Galbi Co., Ltd.), Le Xuan Thanh (39 years old, Director of Patour Co., Ltd.) were all sentenced to 5 years and 6 months in prison.
Vo Tan Cuong (35 years old, Director of Kuvarose Company Limited) 5 years in prison. King Chang Gi (50 years old, Director of Ly Le Company Limited) 4 years and 6 months in prison.
Da Nang City People's Procuracy appeals to increase sentence in biggest illegal entry case in Da Nang
Pham Kim Phuc (30 years old, Director of Phuc Travel Newlife Company Limited), Nguyen Trung Thu (40 years old, Director of KV Tour & Media Company Limited) were both sentenced to 4 years in prison.
Do Van Hoat (31 years old, Director of An Nhien Information Technology Company Limited), Tran Thanh Son (34 years old, Director of STAD Advertising Services Company Limited), Nguyen Van Minh Tho (32 years old, Director of TNA Service Tourism Services Company Limited), Van Thi Thuy Tien (36 years old, Director of Onetop Tourism Services Company Limited) were all sentenced to 3 years in prison.
The defendants were organized, had many aggravating circumstances, and were not given suspended sentences.
The defendants Nguyen Tri Vi (35 years old, Director of NTV Advertising and Communication Services Company Limited), To Quyen Luc (29 years old, Director of Reach and Development Company Limited) and Kim In Sung (50 years old, Director of IC General Trading and Service Company Limited) were sentenced to 1 year and 6 months in prison, Pham Thi Tuyet Nhung (28 years old) to 1 year and 3 months in prison, Nguyen Thanh Hung (73 years old, Director of Hung Lam Trading and Service Company Limited) to 9 months in prison, but were given a suspended sentence.
The three defendants who also committed the crime of forging seals and documents of agencies and organizations were Nguyen Tran Anh Tuan (36 years old, Director of DK Global Trading and Tourism Company Limited) who received a total of 8 years and 6 months in prison, Dong Van Quan (32 years old) 3 years and 3 months in prison, and Dong Manh Truong (27 years old) 2 years and 3 months in prison.
The female defendants played a role in assisting the ringleaders and organizing the brokerage group.
Organized, no relief
According to the People's Procuracy of Da Nang City, the first instance judgment did not apply the aggravating circumstance of "organized crime" to the defendants Van Thi Phuong Thao, Vo Tan Cuong, Dong Van Quan, Dong Manh Truong, Nguyen Trung Thu, Nguyen Van Minh Tho, Kim Chang Gi, Pham Kim Phuc, Do Van Hoat, Tran Thanh Son, Van Thi Thuy Tien, Nguyen Thanh Hung, Nguyen Tri Vi, To Quyen Luc, Kim In Sung, and Pham Thi Tuyet Nhung.
The panel of judges determined that the defendants were simple accomplices, failing to properly assess the nature, extent, and role of the defendants.
According to the People's Procuracy of Da Nang City, the case had 3 groups: the mastermind, the broker group and the guarantor group, colluding, assigning specific and clear roles and tasks.
Among the 24 defendants, there are 18 directors of 26 companies.
The behavior of each group of defendants is the premise, link, and facilitate for the remaining groups to commit crimes. If one group is missing, the chain cannot be carried out, so there is enough basis to determine that the behavior is tightly organized.
"Thus, in order to handle the case strictly and in accordance with the law, it is necessary to apply the aggravating circumstance of organized crime to all defendants," the Da Nang City People's Procuracy affirmed.
24 defendants at the first instance trial
In addition, the People's Procuracy of Da Nang City also said that the verdict applying the mitigating circumstance "the offender actively cooperated... in detecting the crime and solving the case" was not in accordance with the investigation.
In the case, the investigation agency collected documents and evidence, identified the names of the defendants and the list of companies, and from there expanded the case. No defendant revealed other defendants or new crimes, so mitigating circumstances could not be applied.
Da Nang City People's Procuracy proposed to increase the sentences of the defendants.
No confession, no suspended sentence
In particular, the verdict applying the mitigating circumstance of "confessed offender" to Nguyen Trung Thu (40 years old, Director of KV Tour & Media LLC) and Nguyen Tri Vi (35 years old, Director of NTV Advertising and Media Services LLC) is not consistent with the investigation.
Specifically, after arresting To My Hong Oanh, the investigation agency seized a list of companies and directors who signed fake bail bonds, so they notified the suspects to appear.
At this time, Nguyen Trung Thu and Nguyen Tri Vi just came to present themselves, there is no basis to apply the above mentioned mitigating circumstances.
The first instance court sentenced 24 defendants for crimes in the illegal entry case.
In addition, the People's Procuracy of Da Nang City believes that there is no basis to apply a penalty below the lowest level of the framework for the defendants Vo Tan Cuong, Van Thi Phuong Thao, Nguyen Tran Anh Tuan, Le Xuan Thanh, Nguyen Trung Thu, Nguyen Van Minh Tho, King Chang Gi, Pham Kim Phuc, Do Van Hoat, Tran Thanh Son, Van Thi Thuy Tien because there is only 1 mitigating circumstance.
Because there is no basis to apply mitigating circumstances (active cooperation), and in addition to the aggravating circumstance of organized crime, defendant To Quyen Luc is not eligible for a suspended sentence in this largest illegal immigration ring in Da Nang.
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