Ex-exec pleads not guilty in RM3mil CBT case

PETALING JAYA: A former assistant general manager has claimed trial in the Sessions Court here to 14 charges of criminal breach of trust (CBT) and computer crimes, which caused 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 financial system.

He was charged with committing seven counts of CBT by disposing of debts ranging from RM56,307.88 to 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 and Recspeo is its supplier.

Gan was also charged with seven counts of accessing DKSH’s financial system without authorisation to dishonestly change the debt profile of Recspeo, resulting in losses to his employer ranging from RM10,608.48 to RM352,842.93 on each occasion.

He is said to have committed the offences at the company’s 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 under Section 4 (3) of the Computer Crimes Act 1997, Gan faces a maximum fine of RM150,000 or up to 10 years' imprisonment or both.

Yesterday, DPP Nurul Aishah Ahmad Zakiuddin pressed for RM500,000 bail for each offence.

Pleading for lower bail, lawyer Zaidatul Aqilla Mohd Zainuddin said her client has no 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 has no source of income,” Zaidatul Aqilla said, adding that her client would adhere to all bail conditions.

Judge Mohamad Kamil Nizam allowed RM70,000 bail in total for the CBT charges and an additional RM56,000 bail in total for the computer crimes cases.

The court 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.

He posted bail.

Mohamad Kamil set Oct 19 for mention.

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