PEOPLE'S COURT OF APPEAL IN HANOI
JUDGMENT NO. 274/2019/HSPT DATED MAY 16, 2019
Crime: Fraud and Appropriation of Property
On May 16, 2019, at the headquarters of the High People’s Court in Hanoi, a public appellate criminal trial was held to hear Case No. 729 accepted on September 24, 2018, in response to the appeal filed by the defendant against the First Instance Criminal Judgment No. 20/2018/HS-ST dated August 15, 2018, by the People’s Court of Ha Nam Province.
Defendant Appealing:
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Name: Trần Thị Thu H
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Born: 1988
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Residence: Ha Nam Province
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Occupation: Freelancer
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Education: 12/12
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Marital Status: Married to Chu Hữu H3, one child born in 2015
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Criminal Record: None
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Detention Status: Released on bail and present at the hearing.
(Note: Other parties involved did not file appeals.)
CASE SUMMARY
According to the first instance judgment:
Nguyễn Văn T, Deputy Head of Department 2 at the Political School of Ha Nam Province, had a close relationship with Trần Thị Thu H. Though he had no authority to recruit civil servants, he falsely claimed he had wide connections and could help people secure public employment in exchange for money.
Trần Thị Thu H, leveraging this claim, directly contacted job seekers and collected both money and applications from them.
Case 1:
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Victim: Ms. Nguyễn Hà T2
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Context: H told T2 she had a brother who could get her a job at the Ha Nam Provincial Social Insurance Office for VND 300 million, requiring VND 70 million upfront.
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On August 13, 2015, H received VND 70 million and issued a receipt. She gave the money to T, who signed an IOU. Later, H also collected another VND 80 million and the job application on October 3, 2015.
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H kept assuring T2 that the job was forthcoming but provided no results. In September 2016, T2 filed a complaint.
Case 2:
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Victim: Ms. Tường Thị Thùy D
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Via introduction from T2, D contacted H to ask for a job at the Maritime Commercial Bank – Ha Nam Branch. T set the price at VND 120 million, with a VND 50 million deposit. H told D the fee was VND 180 million, with a VND 100 million deposit.
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On August 13, 2015, D and her mother gave H VND 80 million and the application. Later, they paid VND 50 million more and eventually the full VND 250 million. Despite this, no job was secured.
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In October 2016, T fled his residence and D’s mother filed a complaint.
FIRST INSTANCE JUDGMENT
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Both defendants Nguyễn Văn T and Trần Thị Thu H were found guilty of "Fraud and Appropriation of Property" under Article 139(3a) of the 1999 Penal Code.
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Each was sentenced to 7 years and 6 months in prison.
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Additional rulings were made regarding civil liability, fines, evidence handling, and appeal rights.
APPEALS AND REVIEW
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On August 27, 2018, Nguyễn Văn T appealed the sentencing framework and requested a reduced sentence, but withdrew his appeal on March 18, 2019.
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Trần Thị Thu H appealed for a reduced sentence.
Upon review, the appellate court concluded:
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H played an accomplice role in a scheme led by T.
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H acted on T’s direction and did not initiate the fraud.
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The first instance court wrongly treated both defendants as having equal roles.
Mitigating Factors:
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H had returned most of the money taken.
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She was cooperative and remorseful.
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Her grandfather was a war martyr, further qualifying her for leniency.
FINAL RULING
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The court accepted H’s appeal and reduced her sentence:
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New sentence: 5 years imprisonment from the date she starts serving.
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Confirmed: H paid VND 14.5 million in restitution to victims.
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No appellate court fees required.
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Other parts of the first instance ruling (not appealed) remain effective.
This appellate judgment takes legal effect from the date of pronouncement.
Source: https://congbobanan.toaan.gov.vn