Judgment No. 64/2019/HSPT dated February 20, 2019, regarding the crime of fraud and appropriation of property

06 Apr 2025 - 22:25

PEOPLE’S COURT OF DAK LAK PROVINCE
JUDGMENT NO. 64/2019/HSPT DATED FEBRUARY 20, 2019 REGARDING THE CRIME OF FRAUD AND APPROPRIATION OF PROPERTY

On February 20, 2019, at the headquarters of the People’s Court of Dak Lak Province, a public appellate criminal trial was held for Case No. 49/2019/TLPT-HS dated January 15, 2019, concerning the defendant Ngo Minh D. This appeal was made by the defendant against the First Instance Criminal Judgment No. 30/2018/HSST dated November 27, 2018, of the People’s Court of Buon Don District, Dak Lak Province.

The Defendant Appealing the Case:

Full name: Ngo Minh D
Born: 1985 in Binh Dinh Province
Residence: Village C, Commune T, District B, Dak Lak Province
Nationality: Vietnamese
Ethnicity: Kinh
Religion: Catholic
Education level: 12/12
Occupation: Teacher
Parents: Father – Ngo Minh H (born 1959), Mother – Le Thi P (born 1957)
Ex-wife: Nguyen Thi Kieu N (born 1988, divorced), with whom he has one child (born 2014)
Criminal record: None
Preventive measure: Travel restriction
Presence at trial: Present

Victims:

Mrs. Nguyen Thi Thanh T (born 1968) – Absent
Address: Village M, Commune T, District B, Dak Lak
Mrs. Le Thi Thu H (born 1968) – Absent
Address: Hamlet M, Commune N, District B, Dak Lak
Mr. Vuong Van T (born 1971) – Absent
Address: Village T, Commune T, District B, Dak Lak

CASE SUMMARY

Based on the case file and court proceedings, the summary is as follows:

Ngo Minh D, a teacher of Art and Music at NT Secondary School in Commune T, District B, Dak Lak Province, falsely claimed he could help recent graduates secure teaching positions despite having no real connections or authority. Exploiting the trust of families with children who had recently graduated in education, D deceived them into paying bribes for non-existent job placements.

June 2016: D promised to help Mrs. Nguyen Thi Thanh T’s daughter, Bui Thi Tuyet H, get a job at a local preschool. He demanded VND 140 million and asked for an advance of VND 10 million. On June 20, 2016, Mrs. T gave D the application and the advance.
June 20, 2016: D promised to help Mrs. Le Thi Thu H’s daughter, Nguyen Le Thuy A, get a preschool teaching job. He asked for VND 140 million, receiving an advance of VND 10 million. D later submitted both applications to Mr. Tran Trung K, who refused to assist and asked D to retrieve the documents—D never did.
July 2016: D approached Mr. Vuong Van T, offering to help his daughter, Vuong Thi H, get a preschool job for VND 150 million. Mr. T gave him an application and VND 45 million on July 9, 2016. D did nothing with the documents and kept the money for personal use.

In total, D took VND 65 million from the three victims and used it for personal expenses without fulfilling any promises or returning the funds, despite repeated demands. In March 2018, the victims reported D’s actions to the Buon Don District Police. During the investigation, D returned only VND 10 million to Mrs. T.

FIRST INSTANCE JUDGMENT (No. 30/2018/HSST dated November 27, 2018):

Defendant Ngo Minh D was declared guilty of “Fraud and appropriation of property.”
Legal Basis: Point e, Clause 2, Article 139 of the 1999 Penal Code; Points b, s Clause 1, and Clause 2, Article 51 of the 2015 Penal Code.
Sentence: 2 years of imprisonment, starting from the date of enforcement.
The judgment also ruled on civil liabilities, court fees, and appeal rights as per the law.

Defendant’s Appeal (December 10, 2018):
Requested a reduced sentence and a suspended sentence.

APPELLATE TRIAL FINDINGS:

At the appellate hearing, the defendant confessed to all acts in alignment with the indictment, the first instance judgment, and earlier statements.

The Prosecutor upheld the first instance court’s decision, asserting that the judgment was accurate and based on proper legal grounds. Although the initial court omitted aggravating circumstances under Point g, Clause 1, Article 52 of the 2015 Penal Code (amended 2017) for repeated offenses, the 2-year sentence is at the lower end of the sentencing range and proportionate.

The defendant did not present any new mitigating evidence or arguments to justify a sentence reduction or suspended sentence.

COURT'S OPINION AND RULING:

Confession and Evidence: The defendant’s admissions match the victims’ statements and the case file, confirming that between June and July 2016, D fraudulently took:
- VND 10 million from Mrs. Nguyen Thi Thanh T
- VND 10 million from Mrs. Le Thi Thu H
- VND 45 million from Mr. Vuong Van T
- Total: VND 65 million
The first instance court’s judgment was lawful and appropriate.
Appeal for Leniency: The defendant claimed partial repayment to the victims after the trial, but provided no evidence. With no new mitigating factors, the appellate court rejected the appeal.

FINAL DECISION:

Legal Basis: Point e, Clause 2, Article 139 of the 1999 Penal Code; Points b, s Clause 1 and 2, Article 51; Point g Clause 1, Article 52 of the amended 2015 Penal Code.
Ruling: Uphold the initial sentence of 2 years imprisonment starting from the enforcement date.
Other decisions in the initial judgment not appealed remain legally effective.

The defendant raised no further arguments and simply requested leniency.

Source: https://congbobanan.toaan.gov.vn