Man jailed for illegally transferring money

Borneo Post

20-05-2025

The Kota Kinabalu Court Complex.
KOTA KINABALU (May 20): A labourer was sentenced to four years' jail by a Sessions Court here on Tuesday for illegally transferring RM10,000 from a woman's account to another woman's account.
Judge Amir Shah Amir Hassan imposed the sentence on Sylvester Ak Drem, 25, after the latter pleaded guilty to a charge under Section 424C (2) of the Penal Code.
The indictment provides for a jail term of up to 10 years or a fine of up to RM150,000 or both, upon conviction.
Sylvester had committed the offence at a bank branch in Tuaran on November 20, 2024.
The court heard that the victim had asked assistance from Sylvester, who is her husband's brother-in-law, to withdraw RM200 for an ATM machine, and after that Sylvester had returned back her ATM card and gave RM200 to her.
However, a few days later when the victim wanted to withdraw cash, she found that balance in her bank account had decreased.
She then applied for her account to be checked and learnt that there was a transaction involving RM10,000 done on the day she asked for help from the accused to withdraw money.
Investigation revealed that Sylvester had transferred the money from the victim's account to his mother's bank account which matched CCTV recordings at the bank branch on the incident day.
During the proceedings on Tuesday, when the court inquired where was the money, Sylvester answered that he had spent it all.
In his decision, the judge explained that he had taken into consideration that he did not impose a fine punishment because the facts of the case stated that Sylvester had promised to pay back the money, however until a police report was lodged, he had not paid any.
The judge also said that he was made to understand that this was the first case in Sabah.
The prosecution had informed that there was no reported case in Sabah since the law was gazetted last year.
In pleading for a lenient sentence, the unrepresented Sylvester said that he is married and has a child.
In reply, the prosecution pressed for a deterrent sentence to serve as a lesson to Sylvester and to would-be offenders to not committing a similar offence.
Earlier, Tuaran district police vhief Superintendent Noraidin Ag Maidin said the accused was arrested around 6.30pm on May 16 following a complaint from the victims.
'Investigations found that on November 20, 2024, the suspect transferred RM10,000 from his in-law's bank account into his mother's bank account without their knowledge or consent.
'The suspect then withdrew the money using his mother's ATM card which was in his possession without his mother's consent,' said Noraidin.
Noraidin said the accused was the first person in Sabah to be charged under this section after it was introduced through an amendment Act 574 and approved by the Malaysian Parliament in July 2024, and came into effect on October 30, 2024.
'Section 424C(2) provides for punishment for individuals involved in transactions using payment instruments or accounts belonging to others at financial institutions without permission. This measure was taken in response to the increase in cases of online fraud and misuse of bank accounts, including cases of mule account holders.
'Police view such cases seriously including any form of misuse of accounts and financial payment instruments, whether involving outside parties or family members.
'Offences such as this are not only illegal, but also undermine trust in family and financial institutions,' he said.
Noraidin advised the public to keep their bank information and bank cards safe and never allow third parties to access their bank accounts, including family members or close friends.