SINGAPORE: In debt from buying flower garlands for female singers at "Diao Hua" clubs, a man forged documents to sell his mother's two cars to a car dealer.
Liu Kuei Liang, also known as Kent, was sentenced to 12 weeks' jail for two charges of forging sales and purchase agreements.
According to a judgment made available on Wednesday (Mar 27), Liu got into debt around August 2022 from frequenting clubs and buying flower "hua" garlands which are to be hung or "diao" around singers' necks.
Desperate for money to settle his debts, Liu decided to sell two cars belonging to his mother - a Rolls Royce Dawn 6.6 V12 and a Mini Cooper SE.
On Aug 1, 2022, Liu contacted Mr Low Lye Seng, a representative of car dealer Autoart Singapore. He told Mr Low that he wanted to sell the two cars belonging to his mother.
The pair agreed that the Rolls Royce would be sold for S$700,000 (US$519,400) and the Mini Cooper for S$130,000.
Autoart prepared the sales and purchase agreements for both cars and sent them to Liu via WhatsApp.
Liu lied to Mr Low that his mother was out of town in Taiwan, when she was in Singapore. He claimed he would obtain his mother's signatures when she returned.
Liu then forged his mother's signatures in Chinese characters before sending the agreements back to Mr Low via WhatsApp.
Another representative from Autoart asked Liu for his mother's phone number to confirm the sale of the two cars.
Liu gave a number that belonged to his Taiwan-based friend, whom he had asked to help answer a call.
When Autoart called the number, the person on the other side approved the sale of the two cars and Autoart believed it had been authorised by Liu's mother.
Mr Low then authorised a deposit payment of S$100,000 for the Rolls Royce and S$50,000 for the Mini Cooper and sent it to Liu via PayNow.
On Aug 16, 2022, Liu's mother lodged a police report, saying she believed he had forged her signatures to sell her cars without her consent.
The prosecution sought four to six months' jail. Deputy Public Prosecutor Vishnu Menon said the amounts involved were very high in the case and that there was planning and premeditation involved, with the Taiwan-based friend helping to "cement that lie".
Defence lawyer Vijai Dharamdas Parwani of Parwani Law sought a high fine instead.
He said Liu's mother had granted him permission to use the cars as and when required.
As Liu had outstanding debts, he thought he could obtain "temporary financing" by purporting to sell the cars to the car dealer "in a momentary lapse of judgment", said the lawyer.
He said the car dealer received goods with a value "far in excess of the deposit paid".
The two cars were returned to Liu's mother in exchange for a refund of the S$150,000 deposit, said the lawyer.
The Rolls Royce was later sold in April 2023 for S$1 million.
"The mother has since reconciled with the accused," said the defence. "She has forgiven the accused and would not be asking him for a refund of the deposit amount."
He said the mother had lodged the police report "in a moment of pique".
In response, the prosecution said restitution did not "emanate from the accused" and that the repayment of the S$150,000 was made by Liu's mother.
He added that a fine was inappropriate because there was "nothing to stop" the mother from paying the fine for Liu.
He added that forgiveness is not regarded as a mitigating factor, and it was also not mitigating that Liu's mother would have to take care of Liu's young child if Liu went to jail.
In sentencing, District Judge Brenda Chua said the cars are big ticket items and high value goods, with the Rolls Royce being a high-end luxury car model.
She found that the car dealer had suffered loss in terms of the S$150,000 parted with, the time value of money, any interest accrued with the amount of S$150,000 and an opportunity cost.
Judge Chua said there was not one but two victims in this case, the car dealer and Liu's mother, who not only paid the S$150,000 for her son but was taken advantage of by her own son.
She noted that Liu himself had made no restitution and he had not made amends on his own.
"Despite being a victim of the accused’s crime, the mother nonetheless stepped forward to pay so that she could have her own cars returned. The accused relied on the mother to rescue him from his mistakes," said Judge Chua.
"I agreed with the prosecution that whilst the accused pleaded guilty, restitution did not emanate from the accused. As the prosecution stated: (If) someone else pays for your crime, how can we say that 'you are remorseful'?"
Liu is appealing against his sentence and is out on bail pending appeal.
Continue reading...
Liu Kuei Liang, also known as Kent, was sentenced to 12 weeks' jail for two charges of forging sales and purchase agreements.
According to a judgment made available on Wednesday (Mar 27), Liu got into debt around August 2022 from frequenting clubs and buying flower "hua" garlands which are to be hung or "diao" around singers' necks.
Desperate for money to settle his debts, Liu decided to sell two cars belonging to his mother - a Rolls Royce Dawn 6.6 V12 and a Mini Cooper SE.
On Aug 1, 2022, Liu contacted Mr Low Lye Seng, a representative of car dealer Autoart Singapore. He told Mr Low that he wanted to sell the two cars belonging to his mother.
The pair agreed that the Rolls Royce would be sold for S$700,000 (US$519,400) and the Mini Cooper for S$130,000.
Autoart prepared the sales and purchase agreements for both cars and sent them to Liu via WhatsApp.
THE LIES AND FORGERY
Liu lied to Mr Low that his mother was out of town in Taiwan, when she was in Singapore. He claimed he would obtain his mother's signatures when she returned.
Liu then forged his mother's signatures in Chinese characters before sending the agreements back to Mr Low via WhatsApp.
Another representative from Autoart asked Liu for his mother's phone number to confirm the sale of the two cars.
Liu gave a number that belonged to his Taiwan-based friend, whom he had asked to help answer a call.
When Autoart called the number, the person on the other side approved the sale of the two cars and Autoart believed it had been authorised by Liu's mother.
Mr Low then authorised a deposit payment of S$100,000 for the Rolls Royce and S$50,000 for the Mini Cooper and sent it to Liu via PayNow.
On Aug 16, 2022, Liu's mother lodged a police report, saying she believed he had forged her signatures to sell her cars without her consent.
The prosecution sought four to six months' jail. Deputy Public Prosecutor Vishnu Menon said the amounts involved were very high in the case and that there was planning and premeditation involved, with the Taiwan-based friend helping to "cement that lie".
MOTHER HAS FORGIVEN HIM: DEFENCE
Defence lawyer Vijai Dharamdas Parwani of Parwani Law sought a high fine instead.
He said Liu's mother had granted him permission to use the cars as and when required.
As Liu had outstanding debts, he thought he could obtain "temporary financing" by purporting to sell the cars to the car dealer "in a momentary lapse of judgment", said the lawyer.
He said the car dealer received goods with a value "far in excess of the deposit paid".
The two cars were returned to Liu's mother in exchange for a refund of the S$150,000 deposit, said the lawyer.
The Rolls Royce was later sold in April 2023 for S$1 million.
"The mother has since reconciled with the accused," said the defence. "She has forgiven the accused and would not be asking him for a refund of the deposit amount."
He said the mother had lodged the police report "in a moment of pique".
In response, the prosecution said restitution did not "emanate from the accused" and that the repayment of the S$150,000 was made by Liu's mother.
He added that a fine was inappropriate because there was "nothing to stop" the mother from paying the fine for Liu.
He added that forgiveness is not regarded as a mitigating factor, and it was also not mitigating that Liu's mother would have to take care of Liu's young child if Liu went to jail.
NO AMENDS OF HIS OWN: JUDGE
In sentencing, District Judge Brenda Chua said the cars are big ticket items and high value goods, with the Rolls Royce being a high-end luxury car model.
She found that the car dealer had suffered loss in terms of the S$150,000 parted with, the time value of money, any interest accrued with the amount of S$150,000 and an opportunity cost.
Judge Chua said there was not one but two victims in this case, the car dealer and Liu's mother, who not only paid the S$150,000 for her son but was taken advantage of by her own son.
She noted that Liu himself had made no restitution and he had not made amends on his own.
"Despite being a victim of the accused’s crime, the mother nonetheless stepped forward to pay so that she could have her own cars returned. The accused relied on the mother to rescue him from his mistakes," said Judge Chua.
"I agreed with the prosecution that whilst the accused pleaded guilty, restitution did not emanate from the accused. As the prosecution stated: (If) someone else pays for your crime, how can we say that 'you are remorseful'?"
Liu is appealing against his sentence and is out on bail pending appeal.
Continue reading...