Ex-fitness manager jailed for $50,000 bogus personal training agreement
2017-11-20
A former fitness manager of a fitness training club, charged by the ICAC, was sentenced to five months’ imprisonment at the Tuen Mun Magistracy today (November 20) for fraud in relation to a $50,000 bogus personal training agreement involving two members and conspiracy to use the bogus agreement to defraud the fitness training club of a commission.
Siu Yun-kei, 34, former fitness manager of J.V. Fitness Limited (JVFL), was earlier found guilty of three charges – two of fraud, contrary to Section 16A of the Theft Ordinance, and one of conspiracy to use false instruments, contrary to Sections 73 and 159A of the Crimes Ordinance.
In sentencing, Deputy Magistrate Ms Frances Leung Nga-yan said the offences committed by Siu were serious in nature and constituted a breach of trust.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, JVFL operated fitness training clubs in the trade name of California Fitness.
Siu was a fitness manager of California Fitness posted to its Tuen Mun Branch, who was the supervisor of Pan Wai-fung, an assistant fitness manager. Their duties included selling personal training contracts and providing one-to-one personal training to members of California Fitness.
The court heard that Siu approached a female member of California Fitness after she finished her fitness training in its Tuen Mun Branch at around 10 pm on September 28, 2012.
After about 30 minutes of persuasion by Siu, the female member agreed to subscribe for a personal training contract in the sum of $50,000 for her to attend 50 sessions with him, with the charge per session reduced from $2,000 to around ,000. Siu asked Pan to handle the payment and contract with her.
In the early morning of September 29, 2012, Pan gave the female member a transaction slip of her credit card authorising the payment of $50,000 to JVFL.
After the payment, the female member only attended one personal training session with Siu. Due to various excuses made by Siu, the female member could no longer book the remaining 49 sessions with him.
The court heard that the payment, however, was used to settle a personal training contract purportedly subscribed by a male member without the knowledge of the female member.
After validation of the personal training contract by JVFL, a sales commission of $6,000 was paid to Pan.
The court heard that between September 28 and 29, 2012, Pan and Siu conspired together to use false instruments, namely the above personal training agreement in the name of the male member and a personal training orientation checklist for the agreement, with the intention of inducing JVFL to accept them as genuine.
Had JVFL known that the male member had not subscribed for the contract, JVFL would not have processed it and released any commission to Pan, the court was told.
Pan, 34, was also charged by the ICAC for his role in the case. He earlier pleaded guilty to two counts of fraud, and had his case adjourned until tomorrow (November 21) for mention.
The prosecution was today represented by prosecuting counsel Stephen Fong, assisted by ICAC officer Peter Shek.
Siu Yun-kei, 34, former fitness manager of J.V. Fitness Limited (JVFL), was earlier found guilty of three charges – two of fraud, contrary to Section 16A of the Theft Ordinance, and one of conspiracy to use false instruments, contrary to Sections 73 and 159A of the Crimes Ordinance.
In sentencing, Deputy Magistrate Ms Frances Leung Nga-yan said the offences committed by Siu were serious in nature and constituted a breach of trust.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, JVFL operated fitness training clubs in the trade name of California Fitness.
Siu was a fitness manager of California Fitness posted to its Tuen Mun Branch, who was the supervisor of Pan Wai-fung, an assistant fitness manager. Their duties included selling personal training contracts and providing one-to-one personal training to members of California Fitness.
The court heard that Siu approached a female member of California Fitness after she finished her fitness training in its Tuen Mun Branch at around 10 pm on September 28, 2012.
After about 30 minutes of persuasion by Siu, the female member agreed to subscribe for a personal training contract in the sum of $50,000 for her to attend 50 sessions with him, with the charge per session reduced from $2,000 to around ,000. Siu asked Pan to handle the payment and contract with her.
In the early morning of September 29, 2012, Pan gave the female member a transaction slip of her credit card authorising the payment of $50,000 to JVFL.
After the payment, the female member only attended one personal training session with Siu. Due to various excuses made by Siu, the female member could no longer book the remaining 49 sessions with him.
The court heard that the payment, however, was used to settle a personal training contract purportedly subscribed by a male member without the knowledge of the female member.
After validation of the personal training contract by JVFL, a sales commission of $6,000 was paid to Pan.
The court heard that between September 28 and 29, 2012, Pan and Siu conspired together to use false instruments, namely the above personal training agreement in the name of the male member and a personal training orientation checklist for the agreement, with the intention of inducing JVFL to accept them as genuine.
Had JVFL known that the male member had not subscribed for the contract, JVFL would not have processed it and released any commission to Pan, the court was told.
Pan, 34, was also charged by the ICAC for his role in the case. He earlier pleaded guilty to two counts of fraud, and had his case adjourned until tomorrow (November 21) for mention.
The prosecution was today represented by prosecuting counsel Stephen Fong, assisted by ICAC officer Peter Shek.