Ex-employee of restaurant chain gets eight months for bribery and fraud
2017-9-22
A former employee of a Japanese fast food restaurant chain, charged by the ICAC, was today (September 22) sentenced to eight months’ imprisonment at the Tuen Mun Magistracy for accepting $24,000 in bribes from her supervisor, and conspiracy to defraud the restaurant chain of sales revenue.
Wong Nga-yan, 25, former assistant store manager of Yoshinoya Fast Food (Hong Kong) Limited (Yoshinoya), was earlier found guilty of two charges – one of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO), and one of conspiracy to defraud, contrary to Common Law.
In sentencing, Deputy Magistrate Ms Frances Leung Nga-yan said the court had to mete out an immediate custodial sentence to the defendant as the offences committed by her, which lasted a period of time, should be combated.
The deputy magistrate also ordered the defendant to repay $24,000 as restitution to Yoshinoya.
The court heard that at the material time, Wong Nga-yan and Wong Ka-chun were then assistant store manager and then supervisor at Tin Shui Branch of Yoshinoya respectively. They were both under the supervision of Law Kim-ching, a then senior store manager of Yoshinoya, who was tasked to manage four branches, including Tin Shui Branch and Wan Tau Tong Branch.
In July 2015, Wong Ka-chun discovered that Wong Nga-yan was producing inaccurate sales records at Tin Shui Branch by deliberately omitting entries of meal orders into its cashier computer system. Upon his enquiry, Wong Nga-yan told him that the malpractice was carried out to restrain the daily turnover.
Later in July 2015, Law approached Wong Ka-chun for assisting in restraining the daily turnover at Tin Shui Branch. Since August 2015, Wong Ka-chun had assisted Law and Wong Nga-yan in doing so.
The court heard that Law and Wong Nga-yan asked Wong Ka-chun to continue the malpractice in September and December 2015 respectively.
As a result, Yoshinoya suffered a loss of at least $52,000 in sales revenue between August 2015 and February 2016.
Between September 2015 and February 2016, Wong Ka-chun received about $3,000 to $4,000 each month, totalling about $24,000, directly from Law or via Wong Nga-yan.
During a causal chat, Wong Nga-yan told Wong Ka-chun that she also received $4,000 each month from Law. Between September 2015 and February 2016, Wong Nga-yan accepted $24,000 in bribes from Law, the court was told.
Law, 54, and Wong Ka-chun, 27, were also charged by the ICAC for their roles in the scam.
Law earlier pleaded guilty to two charges – one of offering advantage to an agent, contrary to Section 9(2)(a) of the POBO, and one of conspiracy to defraud jointly charged with Wong Nga-yan, while in another case, Wong Ka-chun admitted two charges – one of agent accepting an advantage and one of conspiracy to defraud.
Law and Wong Ka-chun were sentenced to eight months and four months in jail respectively at the Tuen Mun Magistracy last Monday (September 11).
Yoshinoya had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Public Prosecutor Anthea Kwok, assisted by ICAC officer Dominic Sung.
Wong Nga-yan, 25, former assistant store manager of Yoshinoya Fast Food (Hong Kong) Limited (Yoshinoya), was earlier found guilty of two charges – one of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO), and one of conspiracy to defraud, contrary to Common Law.
In sentencing, Deputy Magistrate Ms Frances Leung Nga-yan said the court had to mete out an immediate custodial sentence to the defendant as the offences committed by her, which lasted a period of time, should be combated.
The deputy magistrate also ordered the defendant to repay $24,000 as restitution to Yoshinoya.
The court heard that at the material time, Wong Nga-yan and Wong Ka-chun were then assistant store manager and then supervisor at Tin Shui Branch of Yoshinoya respectively. They were both under the supervision of Law Kim-ching, a then senior store manager of Yoshinoya, who was tasked to manage four branches, including Tin Shui Branch and Wan Tau Tong Branch.
In July 2015, Wong Ka-chun discovered that Wong Nga-yan was producing inaccurate sales records at Tin Shui Branch by deliberately omitting entries of meal orders into its cashier computer system. Upon his enquiry, Wong Nga-yan told him that the malpractice was carried out to restrain the daily turnover.
Later in July 2015, Law approached Wong Ka-chun for assisting in restraining the daily turnover at Tin Shui Branch. Since August 2015, Wong Ka-chun had assisted Law and Wong Nga-yan in doing so.
The court heard that Law and Wong Nga-yan asked Wong Ka-chun to continue the malpractice in September and December 2015 respectively.
As a result, Yoshinoya suffered a loss of at least $52,000 in sales revenue between August 2015 and February 2016.
Between September 2015 and February 2016, Wong Ka-chun received about $3,000 to $4,000 each month, totalling about $24,000, directly from Law or via Wong Nga-yan.
During a causal chat, Wong Nga-yan told Wong Ka-chun that she also received $4,000 each month from Law. Between September 2015 and February 2016, Wong Nga-yan accepted $24,000 in bribes from Law, the court was told.
Law, 54, and Wong Ka-chun, 27, were also charged by the ICAC for their roles in the scam.
Law earlier pleaded guilty to two charges – one of offering advantage to an agent, contrary to Section 9(2)(a) of the POBO, and one of conspiracy to defraud jointly charged with Wong Nga-yan, while in another case, Wong Ka-chun admitted two charges – one of agent accepting an advantage and one of conspiracy to defraud.
Law and Wong Ka-chun were sentenced to eight months and four months in jail respectively at the Tuen Mun Magistracy last Monday (September 11).
Yoshinoya had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Public Prosecutor Anthea Kwok, assisted by ICAC officer Dominic Sung.