Former assistant general manager pleads not guilty to CBT

PETALING JAYA: A former assistant general manager pleaded not guilty at the Sessions Court here over 14 criminal breach of trust (CBT) and computer crimes act charges, which causes RM3mil in losses to his employer.  

Gan Eng An, 52, who was then working at DKSH Malaysia Sdn Bhd, was entrusted to manage the debts of customers in the company's SAP financial system.  

He allegedly committed seven counts of CBT by disposing of the debts ranging between RM56,307.88 and RM527,545.44 belonging to Recspeo (M) Sdn Bhd during the period.  

DKSH Malaysia is a company, which distributes cosmetics items, consumer goods and medical equipment, while Recspeo is its supplier.  

Gan was accused of seven counts of making unauthorised access with intent to dishonestly change the debts profile of the supplier (Recspeo) in the company's financial system, which causes losses to his employer ranging between RM10, 608.48 and RM352,842.93 on each occasion. 

He was said to have committed the offences at the company premises at Jalan Ascent in Kelana Jaya between July 2008 and March this year.  

If convicted, he can be jailed up to 14 years, whipped and fined under Section 408 of the Penal Code for CBT.  

If found guilty, Gan can be fined a maximum of RM150,000 or jailed up to 10 years or both under Section 4(3) of the Computer Crimes Act 1997. 

On Friday, DPP Nurul Aishah Ahmad Zakiuddin pressed for RM500,000 bail against the accused for each of the offence.   

Pleading for lower bail, his lawyer Zaidatul Aqilla Mohd Zainuddin said her client had no previous criminal record and that his sibling, who is a retail shop manager, was present in court to be his bailor.  

Zaidatul Aqilla said her client had worked at the company for 14 years without committing any offence.  

She said Gan has three school-going children to take care of.  

"The accused has lost his job and no source of income," she said, adding that her client would adhere to all bail conditions.  

Sessions Court judge Mohamad Kamil Nizam allowed RM70,000 bail in total for CBT charges while another RM56,000 bail for his computer crimes case.  

The judge also ordered Gan to surrender his passport and report to the nearest police station each month until disposal of the case as additional bail conditions.  

Mohamad Kamil set Oct 19 for mention.



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