Embezzlement: Man gets three years, two strokes

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KOTA KINABALU: A 25-year-old man was sentenced to three years’ imprisonment and two strokes of the cane by a Sessions court here yesterday for four counts of embezzlement.

Judge Ismail Brahim found Fandyasmara Mohd Taib guilty on all four counts at the end of the defence case here yesterday.

On the first count, Fandyasmara had while working in a trading company in Asia City, committed criminal breach of trust on the company’s assets valued at RM3,000 on November 24, 2012. The offence under Section 408 of the Penal Code provides for a minimum of one year’s jail and with whipping, and also liable to a fine, upon conviction.

On the second and third counts, he was found to have embezzled RM3,300 and RM2,800 respectively from the same company on December 27, 2012.

For the fourth count, Fandyasmara committed criminal breach of trust on the same company’s assets valued at RM2,300 on January 2, this year.

And for the first and fourth counts, Ibrahim imposed a sentence of one year’s jail and one stroke of the cane respectively on the accused, while for the second and third counts, he was sentenced to one year’s jail each to run concurrently with no whipping.

The court granted the accused a stay of execution pending appeal to the High Court.

Deputy public prosecutor Nartiah F Mirchelle Sambatan had pleaded for a heavy sentence as the offences involved a total sum of RM11,400.

In mitigating for a lenient sentence, Fandyasmara told the court that he is the sole breadwinner for his unemployed wife and a two-year-old child.

Meanwhile, the Immigration Court sentenced Aglianus Paron, 28, Anking Labun, 22, Jul Bintali, 31, and Amnri Minau, 20, to four months’ jail after they were each charged with illegal entry into the state.

Judge Azreena Aziz also ordered for Aglianus, Anking and Jul to be whipped once.

The offence stipulated under Section 6 (1) of the Immigration Act 1959/63 provides for a maximum of RM10,000 fine or up to five years’ jail, or both, and liable to whipping on conviction.

In mitigating for leniency, Aglianus told the court that he has been in Sabah for four months, while Anking, Jul and Amnri have been in Sabah for one week, one year and six months, respectively.

Deputy public prosecutor Effizah Ernie Idris acted for the prosecution.