Selling 238 apartments on defense land, appropriating more than 318 billion VND

On the afternoon of April 3, after 4 days of trial, the Trial Panel of the Military Court of Military Region 5 sentenced the defendants Dinh Tien Su, Nguyen Van Dat and Bui Tien Dung on the charge of “fraudulent appropriation of property”.

According to the Central Military Prosecutor’s Office, Dinh Tien Su is the Director of Bach Viet Production – Trade – Service Co., Ltd (hereinafter referred to as Bach Viet Company, based in Ho Chi Minh City), Nguyen Van Dat is the Director of the Bach Viet Company. Director of Bach Viet Branch in Nha Trang, while Bui Tien Dung was involved in the construction of the hotel, joined Su in a number of projects in hotel construction and was assigned by Su to be in charge of the real estate sales department of the hotel. Bach Viet.

At the end of 2013, Bach Viet Company and Military Region 5 Command agreed to cooperate in investment, construction and business of Bavico Nha Trang hotel on defense land managed by Military Zone 5, with an area of ​​3410m2, at 2 Phan Boi Chau (Nha Trang City, Khanh Hoa province) for business in canteens, guest houses and commercial complexes, restaurants, hotels, offices.

According to the agreement of the parties, Military Region 5 contributes capital with the right to use the land and has the right to manage and use 2000 m2 (equivalent to 27 rooms) but hand it over to Bach Viet Company for business, paying each year to the Military Area 5 amount 840 million dong. Bach Viet Company contributes capital with the entire investment amount to build the hotel and has the right to exploit and do business for a period of 45 years.

On March 28, 2014, Khanh Hoa Provincial People’s Committee granted an investment certificate to Bach Viet Company with a total project investment capital of about VND 440 billion. On July 1, 2014, Dinh Tien Su, on behalf of Bach Viet Company, signed a contract to mortgage assets to borrow capital with Military Commercial Joint Stock Bank, the collateral is all assets that have been, are being, and are being formed on the plot. Land No. 2 Phan Boi Chau (Nha Trang city, Khanh Hoa province) borrowed the amount of 185 billion VND.

In March 2015, Dung was recruited into Bach Viet Company and was assigned to be in charge of building the Company’s Project. Dat is an old friend who studied at Hanoi Law University with Su. At the end of April 2015, Dat was recruited to hold the position of Deputy Director of Bach Viet Company, Director of Bavico Nha Trang Branch to be in charge of monitoring legal work, personnel, monitoring of goods supply contracts. , tourism, cooperate with Dung in the business of selling tourist apartments.

Also during this time, in February 2015, the Command of Military Region 7 issued a decision approving the investment project to build the Bavico Da Lat hotel (Lam Dong province), in which, the Ministry of National Defense of Lam Dong province. capital contribution by the right to manage and use the land, Bach Viet Company contributed capital with the entire investment amount to build the hotel with a value of 254 billion dong.

Similar to the hotel in Khanh Hoa, Dinh Tien Su represents the company to sign a mortgage contract for all assets that have been, are and will be formed under the Bavico Da Lat hotel project to borrow an amount of 180 billion VND. However, in the same period from 2015, Bach Viet Company began to “sell” tourist apartments to many people, with a commitment to attractive profits.

During the transaction and construction of two hotels, Bach Viet Nha Trang and Bach Viet Da Lat, the defendants knew that the apartments belonged to the business project of “canteen, guesthouse and commercial complex, restaurant, hotel, office” that Bach Viet Company signed a cooperation contract with Military Region 5 and Military Region 7 built on defense land that is mortgaged at MB Bank, which is not allowed to buy, sell or transfer.

However, Su, Dat, Dung gave false information such as promising to pay high profits to customers, committing to document ownership of the apartment, committing that the tourist apartment is not subject to transactions. ; do not inform the apartment is being mortgaged at the bank, direct the staff to sign the signature of the lawyer; committed to 5 star hotel apartments … to create trust for people.

Accordingly, Su, Dat, and Dung cheated and sold 238 apartments to 171 people, appropriating 318,283,115,4620 VND, including one apartment for many people and one person buying many apartments of both Bavico Nha Trang Hotel and Nha Trang Hotel. Bavico Dalat.

The acts of Su, Dat and Dung constituted the crime of “fraudulent appropriation of property” specified at point a, clause 4, Article 174 of the Penal Code.

In which, Su directed the sales department to contact and sign marketing, advertising and propaganda contracts on the mass media to sell tourist apartments, Su also directed Dung to coordinate with the law office. Drafting contract of sale and purchase of tourist apartments. Defendant plays the role of the mastermind and bears the main responsibility.

Dat, Dung is a helper, follows the direction of Su, posts advertising information, directly deals, advises customers on contract content, commits to customers with unrealistic contents. …

After 4 days of trial, on the afternoon of April 3, the Trial Panel of Military Court of Military Zone 5 sentenced defendants Su, Dat and Dung to guilty of “fraudulent appropriation of property”.

Specifically, Dinh Tien Su was sentenced to 18 years in prison, plus a sentence of 2 years and 6 months in Judgment No. 06 dated January 18, 2017 of the People’s Court of Tan Binh district, Ho Chi Minh City for the crime of “Forging seal , documents of the organization”, the total penalty that defendant Su must serve is 20 years and 6 months in prison.

Sentenced Nguyen Van Dat 7 years in prison, Bui Tien Dung 8 years in prison. Forcing the defendants to pay compensation for the entire amount appropriated by the victims.

According to cand.com.vn