Ex-estate agent jailed for $240,000 mobile phone fraud after absconding for nine years

2018-11-21

A former estate agent, who was charged by the ICAC after absconding for nine years, was today (November 21) sentenced to 16 months’ imprisonment at the Kwun Tong Magistracy for fraud by using false agreements to defraud a telecommunication company of 56 complimentary mobile phones valued at over $240,000.

Patrick Leung Yiu-fai, 50, former estate agent of Midland Realty International Limited (Midland Realty), earlier pleaded guilty to six counts of fraud, contrary to Section 16A of the Theft Ordinance.

In sentencing, Magistrate Mr Chu Chung-keung said he sentenced the defendant to 16 months in jail after taking into account his guilty plea.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.

The court heard that at the material time, the defendant was an estate agent of Midland Realty, who was acquainted with an account manager of PCCW Limited (PCCW).

At that time, corporate clients subscribing to PCCW’s mobile phone service plans would be offered complimentary mobile phones by the company.

The court heard that between March 28 and May 31, 2008, the defendant, together with the account manager of PCCW, falsely represented to PCCW that a dispensary had applied for the telecommunication services as shown on an agreement of PCCW and its related documents.

With intent to defraud, the defendant induced PCCW to offer 24 complimentary mobile phones valued at over $86,000 to the dispensary.

Between May 1 and July 31, 2008, the defendant, together with the account manager of PCCW, falsely represented that Midland Realty had applied for the telecommunication services as shown on the agreements of PCCW and its related documents.

With intent to defraud, the defendant induced PCCW to offer 32 complimentary mobile phones valued at over $160,000 to Midland Realty.

ICAC enquiries revealed that the dispensary and Midland Realty had not applied for the telecommunication services as shown on the agreements and that the defendant had later sold all the 56 mobile phones for personal gain, the court was told.

On October 24, 2008, Leung was arrested by the ICAC for his alleged role in the case. After Leung failed to report bail to the ICAC on February 27, 2009, a warrant was issued by the Kwun Tong Magistracy for his arrest.

In the late evening of November 6, 2018, Leung was arrested when he tried to enter Hong Kong. He was brought to court on the following day pursuant to the warrant of arrest.

Midland Realty and PCCW had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by ICAC officer Wily Chan.
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