Hanoi City Police are temporarily detaining Ms. Vu Thi Thuy (40 years old, Director of Nhat Nam Real Estate Investment and Trading Joint Stock Company) to verify the act of fraudulent appropriation of property. Ms. Thuy was detained for the act of providing false information to mobilize capital from many individuals, then using part of this money to pay interest to the above individuals, thereby appropriating a particularly large amount of money.
Previously, as Dan Tri posted, Nhat Nam Company invited investors to participate in a 12-month capital contribution program and the right to buy apartments at the project in the district. Ha Dong, Hanoi. To participate, investors must contribute capital at 1-10 billion VND, receive 3% interest/month and have the option to buy project apartments.
In addition, another option is for investors to invest an amount from 10 million to 25 billion VND to receive daily profit distribution for 24 months. After a while, Nhat Nam stopped distributing profits and broke their promise to pay, causing many investors to suffer.
With the above actions, how can the company’s head be handled?
How can the company’s head be handled?
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Monitoring the incident, lawyer Hoang Trong Giap (Director of Hoang Sa Law Firm, Hanoi Bar Association) acknowledged that in this case, there are two actions of Ms. Thuy that need special attention: calling for capital from investors and the use of money to pay monthly interest to them.
Specifically, regarding calling for investment capital, Ms. Thuy had the act of “exaggerating” the nature of the scale and providing false information. truth about Nhat Nam Company’s projects to mobilize capital from investors. Mr. Giap assessed that this was a fraudulent trick to create trust, thereby making it easier to call for capital from investors.
Analysis of the “fraudulent trick” factor stipulated in Article 174 of the 2015 Penal Code on the crime of Fraudulent appropriation of property. The lawyer said that using deceitful tricks is understood as giving false information (not true) but making others believe it is true and handing over property to the offender.
Giving false information can be in many different ways such as verbally, in writing (letters), by actions and in many other forms such as pretending borrow and rent to appropriate property. Therefore, in this case, Ms. Thuy’s behavior showed signs of “using deceitful tricks” to appropriate money from investors.
In addition, after receiving money from investors, the Director The director of Nhat Nam Company used part of this money to “recycle” to pay monthly interest to investors, gradually leading to no longer being able to repay debt while the agreed purpose of receiving money from investors was The investor is to invest in the project and make a profit. Thus, lawyer Giap assesses that this continues to be another fraudulent trick used by Ms. Thuy to appropriate assets from investors.
The capital mobilization is carried out with the model like a multi-level company that took money from the previous person to pay interest and pay the following participants. And finally, because of the actions that Ms. Thuy performed, the police detained this person There is a basis for investigating the crime of fraudulent appropriation of property.
In addition, the investigation agency also needs to conduct verification and investigation of other acts showing signs of illegality, if any, on the part of the Company. Nhat Nam Real Estate Company as a tax, accounting, and credit issue” analyzed by lawyer Giap.
About sanctions if criminally handled according to Clause 4, Article 174 of the 2015 Penal Code on the crime of Fraudulent appropriation The penalty frame that the suspect can face is 12-20 years in prison or life imprisonment.
In addition, during the investigation and prosecution process, the prosecuting agency may record additional situations. mitigation for the accused person if he shows a sincere cooperative attitude, declares repentance or proactively overcomes the consequences.
Then, based on Article 5154 of the 2015 Penal Code, if all the following circumstances are met. The court may consider imposing a sentence lower than the penalty range that the accused person can be prosecuted by the Procuracy.
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