Through meeting with a reputation law firm which has a good lawyer team and specializes in criminal case justification in Hanoi. With the event that a large amount of money and the defendant voluntarily overcomes consequences. According to the lawyer, if there are no individuals or organizations to prove the damage caused by defendant’s acts of illegal trading account credit card, the court and the criminal judgment execution agencies base on point B, paragraph 1 of Article 41 of the Penal code providing about the confiscation of money and material directly related to the criminal to hand in government funds.
31/10 afternoon, Superior people’s Courts in Ho Chi Minh accepted a part of request for reduction of punishment, declared a decrease for Tien Tu Van (29 years old, Ha Tinh province) 2 years imprison for illegally using information in computer networks, telecommunication networks, Internet and organizing gambling. Related to the case, 13 defendants received a sentence from 1 year and 6 months (suspended sentence) to 4 years imprison.
According the Panel, Tu overcame the whole 56 billions VND illegally gaining, as well as additional fines of 100 millions VND. This is a particularly large amount of money so it is necessary to reduce a part of punishment for the defendant. Some defendants also overcame the consequences and they has difficult family situation, so the court handed down a suspended sentence.
The public wonder whether the amount of 56 billions VND Tu handed in to overcome consequences will be return to “the victim” or confiscate to government funds?
Related to this issue, exchange with reporter, lawyer Minh Long Nguyen – Director of Dragon Law Firm – Hanoi Law Federation said that, in principle, overcoming consequences by money is considered one of the extenuating circumstances defined by point B, paragraph 1 of Article 46 of the Penal code, and this is guided in Resolution No.01/NQ-HDTP on 12th, May, 2006.
The overcoming consequences money will return to damaged individuals and organization. The damage shall be material damage, moral damage or prestige and honor damage.
However, when individuals or organizations demanding a compensation for damage oblige to demonstrate that they are damaged because of the people causing damage’s violated law. The damage can be direct damage or indirect damage. If those damages are legal basic, the Panel will base on this to make the person causing damage compensate under the provisions of law.
Lawyer Minh Long Nguyen analysis, in this case, identify the victims doesn’t simple because the defendant had purchased millions foreign credit card from hackers and sell it to other individuals to purchase the difference. So, this act doesn’t steal other persons properties. This is sale credit card information. Supporting that, it has damage but this is indirect damage because it affects to bank’s prestige issuing these credit cards. The defendant shalln’t bear the damage because the money drain in individuals’s credit cards isn’t due to the defendant’s wrong withdrawal.
“Thus, if foreign banks prove that they are damaged because of the defendant’s act, they are entitled to demand compensation for their damage.”
Lawyer Minh Long Nguyen – The director of Dragon Lawfirm, HaNoi Law Federation
In case that no personal or organization proves that the damage caused by defendant’s illegal trading credit card, the Panel, the judgment-excuting bodies will base on point B, paragraph 1 of Article 41 of the Penal code specified material and money confiscation which directly related to the criminal to confiscate to government funds”. Lawyer Long emphasised.
According to this case, Tu joined to “underworld forum” in 2009. Then, he established “Mattfeuter” group which specialized in buying credit card information (referred to CC) from other hackers stealing from British, American, etc, then resold for profit.
Tu hired nearly ten of staffs mainly disable people, newly graduates students and trained them how to conduct transactions. Tu registered for Van Kieu Le and assigned him to order CC from hacker, while other staffs have a task to find customer to resell. Each CC was bought from 0.6 to 6 USD by Tu group, then sold from 1 to 30 USD.
Tu established Toan Cau joint – stock company to legalize funds from abroad CC purchase and negotiate with bank’s agencies to receive money, told them that it’s wage of the website design.
The act of Tu and his accomplices was found in 2009 by Bristan prevent and combat serious crime office. This office along with the US in collaboration with Vietnam Police Department Crime Prevention using high-tech (C50 – Ministry of police) investigate. Because Tu didn’t appear, all transactions was conducted by staff, thus it took investigating office two years after to define the ringleader and dismantle.
Authorities determined the total amount of illegal money that Tu and his accomplice gained from the sale of credit card information is more than 61 billions VND, in which, Tu make benefit more than 56 billions.
The illicit profit Tu used for paying for his group, purchasing many villas in the heart of 1 and 2 District, and many cars costing tens of billions such as Porsche, Mercedes 65, Chrysler, etc, along with many value properties.
Beside that, Tu colluded with others and stand out as manager for ibiet888.com online gambling site. Tu registered many other accounts to supply for online gamblers, conducted accomplices to make many fake identify cards to open bank accounts as forwarding gambling money chanel. Tu was defined that he had billions profit from organizing online gambling.
Article 41 of the Penal code
Article 41 of the Penal code specified material and money confiscation which directly related to the criminal to confiscate to government funds as follow:
“Article 41- Confiscation of objects and money directly related to crimes
1. The property confiscation for State funds shall apply to:
a) Tools and means used for the commission of crimes;
b) Objects or money acquired through the commission of crime or the trading or exchange of such things;
c) Objects banned from circulation by the State.
2. Things and/or money illegally seized or used by offenders shall not be confiscated but returned to their lawful owners or managers.
3. Things and/or money of other persons, if these persons are at fault in letting offenders use them in the commission of crimes, may be confiscated for State funds.”
* Conform to “Doisongphapluat.com newspaper”.
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