Dear Dragon Law Firm,
I asked one person to help in job application. He requested me to pay 300 million VND and I agreed. But I paid without any receipt. Until now, I wait for him 2 years, however, I still cannot get the job. I called to him to get money back but he denied to answer. Best lawyers in criminal field please help me, may I get money back and how to do?
Dragon Law thank for your interest in our legal service. According to the information you provided, best lawyers in crime in Hanoi would like to answer you as follows:
First, you must have documents and evidence related to the money handover such as a witness, transfer receipt.
As your information, the other person received your money of 300 million VND for his promise about your desired job, but nearly two years you do not get the job and he refused your call, then, depending on the circumstances on the real fact that such act may determine the deceptive practices in order to appropriate property or only a violation of civil law (violation of civil transactions).
If this man who using deceitful tricks to make you believe that he has the ability to obtain and give you a job. After receiving your money this man has acts of escape without any contact, that above behavior can be deceptive practices in order to appropriate property according to the Article 139 under the Penal Code 1999 which amended and supplemented in 2009:
Article 139. Appropriating property through swindling
1. Those who appropriate through fraudulent tricks other persons property valued between two million dong and fifty million dong, or under two million dong but causing serious consequences, or who have been administratively sanctioned for acts of appropriation or sentenced for the property appropriation, not yet entitled to criminal record remission but repeat their violations, shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) In an organized manner;
b) Being of professional nature;
c) Dangerous recidivism;
d) Abusing positions and/or powers or abusing the names of agencies or organizations;
e) Employing perfidious tricks;
f) Appropriating property valued between fifty million dong and under two hundred million dong;
g) Causing serious consequences.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:
a) Appropriating property valued between two hundred million dong and under five hundred million dong;
b) Causing very serious consequences.
Conversely, if this person has received 300 million VND to apply for a job for you, but after nearly 2 years still cannot apply the job as many different reasons without escape behavior and misappropriating of above amount, the behavior is only a civil violation.
Therefore, even if such acts are violations of criminal law or violations of civil law, you absolutely can declare to the competent State authority. Namely, you can go to the police to provide full information regarding such evidence to prove that you gave money as receipts, account transfers or witnesses for the money ...
Dragon Law with the legal service on criminal cases in Vietnam.
Dragon Law Firm - Hotline: 1900.599.979
Hanoi Headquarter: FL14.6, VIMECO Bldg, Lot E9, Pham Hung Str., Trung Hoa Ward, Cau Giay Dist., Hanoi
Hai Phong Office: FL4.6, Khanh Hoi Bldg, Lot 2/3C, Le Hong Phong Str., Ngo Quyen Dist., Hai Phong