SINGAPORE: A director of several linked companies felt he was doing a lot of work and asked for a raise.
When his request was denied, he decided to help himself to a total sum of about S$53,600 (US$39,840) from the companies’ bank accounts.
Yang Fan, a 34-year-old Singaporean, was sentenced to four months’ jail according to a judgment made available on Wednesday (Feb 28).
He pleaded guilty to a charge of criminal breach of trust as a director by dishonest appropriation, with another two charges taken into consideration.
The court heard that Yang was a director of Japanese beauty and wellness company Osaka Kuma, Kuma Retail and Kuma Supplies.
He handled company operations such as logistics, merchandising, retail operations, technology and finance.
He was entrusted with the three companies’ respective bank accounts and had final approval for any bank transactions.
In July 2022, Yang felt that he was “doing a lot of work” and requested a raise in his salary.
The shareholders denied his request, and Yang decided to embezzle funds for his personal use.
Between end-July 2022 and end-November 2022, Yang transferred a total of S$28,867.50 over 13 transactions from one of the company’s accounts to himself.
He also took money from the other accounts, totalling S$53,631.
Another director noticed that money was being transferred directly to Yang. Internal investigations ensued and Yang made partial restitution of about S$14,000 in December 2022.
A police report was lodged in January 2023, and Yang later made full restitution.
SENTENCING ARGUMENTS
The prosecution sought six to seven months’ jail, while defence lawyer Sara Ng from Covenant Chambers asked for a high fine.
District Judge Chay Yuen Fatt said it appeared from text messages attached to the mitigation plea that Yang committed the offences because he was in financial difficulties and under stress.
The lawyer also said that her client has “suffered the loss of everything he had toiled for, including his close relationships”.
Yang has lost his friends, business partners and his fiancee, she said.
However, the judge said these are “consequences which flow from his intentional wrongdoings”, and that “such downstream effects are to be expected and are quite often inevitable”.
Judge Chay said Yang’s motivation for the offences was “entirely out of greed”.
“He felt he deserved to be paid more and decided to take matters into his own hands when his request for a raise was denied,” he added.
He said no mitigating factors relied on by the defence would justify a fine or a reduction of the jail term.
Yang intends to appeal against the sentence and is out on bail pending appeal.