Benefiting from a loophole within the stock of pledged gold, a financial institution worker embezzled 246 taels of SJC gold to shop for digital foreign money to spend money on foreign currencies, purchase Vietlott and lose cash.
The Hanoi Town Police Investigation Company has simply finished the investigation conclusion and proposed to prosecute Nguyen Van Linh (born 1986, former treasury officer of Tien Phong Industrial Joint Inventory Financial institution – TPBank) for embezzlement of 246 taels of gold. SJC.
In line with the investigation conclusion, TPBank indexed at the inventory trade in 2018 with a constitution capital of greater than 20,016 billion VND. On the time of 2017 (when the defendant dedicated the crime), the capital contribution of the State-owned endeavor on this financial institution was once 6.09%, together with Mobifone protecting 0.95% (divestment in 2019) and Nationwide Reinsurance Corporate protecting 0.95% (divestment in 2019) and Nationwide Reinsurance Corporate. Vietnamese nationals cling 5.14% (via 2023 it’ll be 2.64%).
The financial institution established a centralized treasury to retailer property together with gold, cash, treasured papers, vital prints… As for gold, this financial institution divides it into 3 states for control.
First is gold saved on behalf of SJC and DOJI for containing gold; together with conserving the unique collection (when returning, you’ll obtain the unique quantity despatched) and no collection. Kind 2 is transactional (purchasing and promoting) gold, that means SJC gold is saved and used for buying and selling transactions with shoppers. Each sorts are inventoried day-to-day via the Warehouse Control Board.
The 3rd kind, pledged gold, is when lending cash to shoppers and the use of SJC gold bars as collateral. After receiving the loan, the gold is sealed consistent with financial institution rules and saved within the vault. This sort is periodically inventoried on June 30 and December 31 once a year.
Round 2017, defendant Nguyen Van Linh was once the treasurer and spotted the above scenario when the gold pledged within the warehouse was once counted simplest two times a 12 months, with prior understand. Due to this fact, Linh got here up with the speculation to acceptable the gold within the gold secure to shop for and promote, stay it for her, then take the gold from the pledged gold secure to switch the deficiency, bypassing the day-to-day stock.
From guide data, Linh decided {that a} buyer named C. mortgaged 246 taels of SJC gold however simplest settled on paper and saved the gold mounted within the warehouse. The defendant deliberate to acceptable 246 taels of SJC gold within the gold buying and selling secure and change the quantity of gold C. was once mortgaging.
On July 5, 2017, after finishing the gold stock on the finish of the day, Linh took 246 taels of SJC gold from the secure containing “gold for buying and selling and conserving on behalf of” and put it in a black plastic bag and saved it in a corrugated iron field.
The following morning, throughout the method of opening the warehouse to obtain budget originally of the day for the branches, Linh introduced the above discussed corrugated iron field out and positioned it within the buffer warehouse – an area out of doors the vault the place get right of entry to isn’t monitored. The defendant additionally contacted the telephone collection of Ms. Truong Thi Hong Khanh from Gia Bach Jewellery Corporate, organized to promote the gold he took, and transacted at BIDV financial institution on Tho Nhuom side road.
On the finish of the morning, benefiting from the time when the treasury personnel went to refill budget on the ATM, Linh went into the buffer warehouse to get 246 taels of SJC gold, then walked to BIDV financial institution to devour. After promoting the gold, Linh earned greater than 8.8 billion VND and deposited all of it into her securities account.
On the finish of the operating day on July 6, 2017, throughout the stock procedure with the Warehouse Control Board, Nguyen Van Linh positioned the gold bag containing 246 taels of SJC gold belonging to buyer C. into the “purchase, promote, and stay” gold secure. to switch the quantity of gold taken. Due to this fact, different contributors of the Warehouse Control Board didn’t discover the lacking property.
On March 22, 2019, Mr. C. settled the mortgage and gained again 246 taels of SJC gold from the financial institution. With the intention to proceed to keep away from detection of the secure leaking, defendant Linh reduce the seal on Doji Corporate’s gold bag within the vault, took out 246 taels of SJC gold and put it within the financial institution’s secure containing “buying and selling gold”. When hanging it, the defendant additionally advised everybody that this gold was once despatched via a “VIP buyer” and that nobody may just contact it.
By means of January 2021, a buyer named H. mortgaged 561 taels of gold and the financial institution assigned Linh to regulate it. The defendant learned that the use of this quantity of gold to make up for the 246 taels of gold that SJC had appropriated could be more secure than the use of the quantity of gold from Doji Corporate in its warehouse, so he made up our minds to switch it.
Within the strategy of changing the gold, Linh broke a lock and had to shop for a substitute. When Mrs. H. settled the mortgage and gained again 561 taels of SJC gold, she additionally came upon {that a} field of gold may just now not be opened together with her key, however as a result of she had gained sufficient, she had no remark.
Thus, so as to cover the crime, prior to every asset inspection, Linh returned 246 taels of SJC gold to the secure containing gold for buying and selling. All the way through the inspection and stock procedure, the defendant was once the person who proactively carried out the gold stock, learn the knowledge to the contributors of the stock staff to take notes, and evaluate the books, so for a very long time, contributors of the Warehouse Control Board The fund and inspection groups didn’t discover any shortages.
Best when Mrs. H. discussed above completed the agreement, there was once no appropriate gold left within the warehouse to switch every record; Linh was once not able to go back it, so she may just not disguise it prior to going to the police and surrendering.
Along with the above movements, Nguyen Van Linh additionally claimed that Ms. Le Cam Tu – Leader Accountant, requested her to stay greater than 70 billion VND in my view and stay it within the Financial institution’s vault. On September 16, 2023, Linh returned Ms. Tu 40 billion VND.
Ms. Tu’s ultimate 30 billion VND and the proceeds from promoting 246 taels of SJC gold, defendant Linh used to shop for digital foreign money to spend money on foreign currencies (the Forex market); purchased Vietlot lottery and is now at a loss, not able to refund Ms. Tu and the financial institution.
In regards to the penalties of Nguyen Van Linh’s embezzlement of 246 taels of gold, the financial institution mentioned it were paid greater than 468,000 USD and greater than 5.3 billion VND via insurance coverage firms.
The incident passed off with the involvement of the Head Administrative center Transaction Middle Director; Customer support director and plenty of different workers of the financial institution. Their habits was once decided to be irresponsible however was once now not the direct explanation for Linh’s embezzlement of 246 taels of SJC gold. Due to this fact, the investigation company believes that there aren’t sufficient grounds to maintain those folks for the crime of “Loss of accountability inflicting critical penalties”.
Within the case, Nguyen Van Linh claimed to have contacted Ms. Truong Thi Hong Khanh to promote 246 taels of gold. Alternatively, Ms. Khanh didn’t recognize and showed the worker’s telephone quantity; Linh’s messages on her telephone went unanswered.
Alternatively, after receiving the cash from promoting 246 taels of gold, Linh was once the person who immediately deposited the cash into her account. This defendant additionally didn’t know the one that gained the gold and gave him the cash, so the police mentioned there was once now not sufficient foundation to resolve that Ms. Khanh dedicated the crime of eating belongings acquired via any person else who dedicated against the law or was once an partner with Linh within the act. embezzlement of property.
Minh Tue