A former senior merchandiser responsible for sourcing toys for a US retailer chain, charged by the ICAC, was today (Friday) sentenced at Kwun Tong Magistracy to six months' imprisonment for soliciting over HK$400,000 illegal commissions from two toy suppliers in Hong Kong.

The defendant, 32, former senior merchandiser of a company (Company A) responsible for sourcing products for the US-based company (Company B), pleaded guilty to two counts of agent soliciting an advantage, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance (POBO).

The prosecution offered no evidence against one count of agent using a false document.

In sentencing, Magistrate Mr Abu Bakar bin Wahab said in view of the seriousness of the bribery offences, an immediate custodial sentence had to be meted out.

The court heard that Company A is the purchase office of Company B in Hong Kong, responsible for sourcing different products for Company B.

At the time of offences, the defendant handled the dealings with two suppliers - Company C and Company D.

Between April 8 and May 21, 2008, Company B placed 14 purchase orders with Company C and Company D for a total amount of US$2.6 million.

The goods were shipped to Company B which then settled the payments directly with the two suppliers.

The court heard that on August 5 the same year, the defendant sent an e-mail to a salesman of Company C and Company D to solicit rebates of 1.5 to 2 per cent of the total amount of the said 14 purchase orders, amounting to around HK$415,284. The solicitation was, however, refused.

The court further heard that in June 2008, Company D submitted a quotation for 166,368 sets of three-piece sand tools to Company B through the defendant at unit price of US$0.3.

The defendant inflated the unit price to US$0.315 in the quotation without the knowledge of Company D and submitted same to Company B for consideration.

On September 24, Company B issued a purchase order in accordance with the inflated unit price for the purchase of 166,368 sets.

The salesman, in the course of preparing an invoice for the goods in December, discovered that the unit price had been inflated, totaling by US$2,495.

The defendant demanded the salesman to pay him the inflated amount, but the solicitation was also refused, the court was told.

The prosecution was today represented by Court Prosecutor Ms Annie Wong, assisted by ICAC officer Ms Rita Li.