DCCC 2/2024

[2025] HKDC 1615

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 2 OF 2024

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REASONS FOR SENTENCE

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1. The Defendant pleads guilty to one charge of Fraud, contrary to s.16A of the Theft Ordinance, Cap. 210 of the Laws of Hong Kong.

2. The particulars of the charge states that between 19 day September 2022 and 18 June 2023, both dates inclusive, in Hong Kong, the Defendant by deceit representing to the staff of a wine trading company (herein referred as the Company) that a total of HK$4,417,950.90 was paid into the account of the Company, with intent to defraud, induce staff of the company to part with 2075 bottles of wine, which resulted in Defendant‘s benefit, or in prejudice or a substantial risk of prejudice to that company.

Facts

3. Between the dates as stated in the particulars of the charge, Defendant by using his full name and a name called “Wendy Kwok” placed 101 orders with the company via WhatsApp for purchasing 2075 bottles of wine, the total value being HK$4,417.950.90. In the course of those purchases, the Defendant sent 95 screenshots of his purported FPS remittance records to the Company to induce the Company to believe the purchase price of those 101 orders had been transferred into the Company’s HSBC bank account. As a result, the Company arranged Defendant to collect the 101 orders from the wine cellar of the Company situated in Central.

4. It was subsequently discovered on 20 June 2023, upon conducting an audit check, that the Defendant’s purported FPS remittances were non-existent and the 95 records that Defendant sent to the Company were all false. Case was reported to the police one day later.

5. On 24 June 2023, Defendant placed another order, under the name of Wendy Kwok via WhatsApp with the Company for purchasing 65 bottle of wine. After placing the order, Defendant sent a screenshot of his purported FPS remittance record to the Company. The Company confirmed that no money was received from Defendant as alleged in the remittance. Police was contacted and an arrangement for the Defendant to collect his order were made.

6. Defendant was arrested on the same day, i.e. 24 June 2023, when he attended the Companies’ wine cellar in Central to collect his order.

3 video-recorded interviews were conducted with Defendant and he stated under caution that :

(a) He lent around 1,000,000 RMB to his friend Sze Hin Lui, who lived overseas, between 2016 to 2018;

(b) Starting from September 2022, Sze started to order wine from the Company. Sze would send him screenshots of the remittance records and Defendant would use them to collect Sze’s order from the Company. Upon collecting he would pass those wines to various person in Hong Kong according to Sze’s instructions;