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The Panel accepted Ms. Binh's request, forcing the bank to pay accrued interest and late payment at the interest rate.
On April 19, the High Court People's Court in Ho Chi Minh City called on the appeal to review the appeal of Eximbank and Ms. Chu Thi Binh of the Commercial Bank of Vietnam on Ms. Binh's VND 245 billion being Le Nguyen. Hung (former deputy director of the branch Eximbank Ho Chi Minh City) appropriate.
The Panel accepted a portion of Ms Binh's appeal, forcing the bank to pay additional $ 115 billion in interest on April 18, 2019, in addition to the principal it sent to the bank.
Prior to the first-instance trial, the bank had to pay Ms. Binh 3 savings booklets in the value of VND 245 billion, but kept the interest. Mrs Binh is a client of Eximbank, as well as regular customers, so it is not correct for the Court of First Instance to apply a method of calculating interest over time. Since then, the Panel has accepted Mrs. Binh's call to force the Eximbank to pay Mrs. Binh the resulting interest on April 18 of more than VND 99 billion and more than VND 16 billion of late interest payments.
With regard to Mrs Binh's appeal, it is necessary to consider the liability of the bank leader, since the first instance does not consider it, therefore, it is not under the jurisdiction of the court of appeal.
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Ms. Binh is in court today. Photograph: Hai Duyen. |
The Court rejected the Eximbank's request to consider the error and part of Ms. Binh's liability for damages – because there were some errors in the signing of documents, making it easier for Le Nguyen Hung to appropriate the bank's money. assets.
According to the Panel, Le Nguyen Hung is currently running away, so he can not consider joint responsibility of Mrs. Binh as well as the defendants and convicted. The case of fraudulent appropriation of property executed by Hung is suspended, whenever he gets it, he will consider it later. The consideration of Hung's liability falls under the jurisdiction of the court of first instance, there is no reason to consider civil liability in criminal matters without considering Hung's criminal liability.
For Ho Ngoc Thuy's appeal to reduce the penalties (employee of the Eximbank City branch, 32 years), the court of appeal does not accept, maintaining the sentence of 4 years and 6 months in prison for crimes Lack of responsibility to cause damage to state property, agencies, organizations and companies.
According to the indictment, Ms. Binh deposited in the Eximbank Ho Chi Minh City agency for more than VND 245 billion, within 12 months, the interest rate on the book is 7.5% per annum. After that, she and Mr. Le Nguyen Hung agreed on the interest rate of 8.5% per annum. Mr. Hung and his subordinates went several times to VIP guest houses to make deals on schedule.
In 2012, Hung used his wife's passport to open a personal account and a Visa debit card at the Eximbank Ho Chi Minh City agency and created a false authorization letter. After that, he ordered Thuy and 5 other officials to issue a power of attorney, withdrawals of money and payment documents to forge a series of accounts that had not yet expired and then sent to the account that had arrived. payment term.
Similarly, Hung appropriated two other VND 19 billion customers. Of the total amount of money, he used 152 billion to buy 41,853 only SJC gold from the Eximbank agency Ho Chi Minh City, the rest withdrew personal expenses.
Thuy and his accomplices were determined not to comply with regulations on the order and procedures for authorization, vouchers for withdrawal of money and expenses, creating conditions for Hung to seize the bank's money.
On 11/2018, the Ho Chi Minh City People's Court ruled on the first instance, forcing the Eximbank to pay Binh Binh VND 245 billion with non-term interest rate of that savings.
The Panel sentenced 4 years and 6 months in prison to the crime Lack of responsibility to cause damage to state property, agencies, organizations and companies. WUnder accusations of crimes, five of Thuy's accomplices have two to three years in prison, but are suspended.
After knowing that Eximbank's resources were about civil matters, Ms. Binh went to the bank to withdraw all the 245 billion dong from the principal and sent an appeal requesting that Eximbank pay the interest rate and interest arrears by term . .
Hai Duyen
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