Van Thinh Phat case: 1 accomplice of Ms. Lan received a suspended sentence for performing a special task

In the last court session, Truong My Lan was sentenced to life imprisonment for committing a serious crime while her husband and niece had their sentences reduced. In addition, there are two defendants considered for a suspended sentence.

The appellate court trial of the case occurred at Van Thinh Phat Group (VTP), Saigon Commercial Joint Stock Bank (SCB) and related units and organizations phase 1 ended on December 3, with the verdict sentencing Ms. Truong My Lan to a prison sentence for embezzlement of assets; 20 years in prison for the crime of giving bribes; 16 years in prison for violating regulations on lending in the operation of credit institutions. The total punishment is t.hu h.h.

Most of the other defendants were considered by the Appellate Tribunal to reduce the penalty from 1-5 years in prison compared to the first-instance judgment. Notably, among them are two defendants, Nguyen Thi Phi Loan (Former Deputy Chief Inspector in charge of the Inspection and Supervision Agency of the State Bank of Ho Chi Minh City Branch. Ho Chi Minh City) and Tran Thi Kim Chi (Former employee of Natural Land Joint Stock Company) were considered by the Board of Directors to apply mitigation for a suspended sentence.

Specifically, for the defendant Nguyen Thi Phi Loan, the court of first instance said that, in addition to inspection activities immediately after the consolidation to monitor the operation situation and implement the restructuring scheme for SCB bank in order to detect violations and promptly rectify them, to help SCB operate in accordance with the law. The State Bank has issued seven regulations on supervision and strengthening of SCB for each period.

In particular, from March 2016 to October 2022, the Inspection and Supervision Department of the State Bank of Ho Chi Minh City Branch. Ho Chi Minh City and the SBV have issued one supervision regulation, three strengthening supervision regulations and established four supervision teams to implement the implementation. This was the period when it was determined that the misconduct of individuals at Department II, the inspection team and the supervision team created conditions for SCB to carry out progressive lending activities year by year, leading to the consequence of Truong My Lan withdrawing money for different purposes, causing particularly large losses.

However, considering that on April 21, 2015, the defendant Loan was appointed as Deputy Director of Department II and from August 13, 2015 to the time the defendant retired on August 31, 2022, he was assigned by the Governor of the State Bank to be the Head of the Special Supervisory Board of Dong A Bank, not in charge of supervising SCB.

Therefore, the act of approving and submitting Nguyen Van Dung (former Director of Department II) to sign Document No. 31 dated 19-3-2015 to report to the Banking Inspection and Supervision Agency even though it was determined that the content of the report was not in accordance with the financial situation and violations of SCB Bank according to the draft inspection conclusion in 2014, but on 8-7-2015 as Deputy Director of Department II the defendant has issued document No. 160 proposing to closely supervise SCB activities.

At the same time, because he was not in charge of supervision at SCB bank since August 2015, the defendant Nguyen Thi Phi Loan signed Notice No. 49 dated 25-2-2012 according to the content of conveying the direction at the briefing meeting chaired by the Director of the Department.

Therefore, the behavior of the defendant Nguyen Thi Phi Loan has a secondary role, there are many mitigating circumstances of criminal liability such as: in the process of working for many years in a row, successfully completing the task; were awarded medals and medals with the Certificate of Merit from the Governor of the State Bank, the Certificate of Merit from the Chairman of the People's Committee of Ho Chi Minh City. HCM... and voluntarily pay the amount of 100 million VND.

At the same time, in the process of performing his duties as Head of the Special Control Board at Dong A Commercial Joint Stock Bank from August 2015 to August 2022, the defendant was recognized and awarded a certificate of merit by the Governor of the State Bank for his excellent achievements in the process of participating in the restructuring of Dong A Bank.

Therefore, VKS's proposal to apply Article 65 of the Penal Code (suspended sentence) to the defendant Loan is grounds for acceptance, thereby sentencing the defendant Loan to 3 years in prison but giving him a suspended sentence (the first-instance level sentenced him to 4 years). As for Tran Thi Kim Chi, the defendant was entitled to a suspended sentence (sentenced to 4 years in the first instance) because she had just given birth to a small child (October 11, 2024).

Truong My Lan can escape death, her husband and niece have their sentences reduced for this reason! Snow20:34:27 03/12/2024Recently, the appellate court sentenced Ms. Truong My Lan in the Van Thinh Phat case (phase 1). Meanwhile, her husband and granddaughter were considered for sentence reduction.