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Former tour guide arrested for suspected criminal breach of trust


Ex-tour guide Yang Yin weaved web of lies to secure Singapore PR: DPP

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Yang Yin yesterday pleaded guilty to a total of 120 charges, mostly of falsifying receipts made to his company.PHOTO: ST FILE

Published 4 hours ago
Carolyn Khew
Toh Yong Chuan
Manpower Correspondent

It was in 2009 when former China tour guide Yang Yin moved in to live with wealthy widow Chung Khin Chun that he wanted to obtain permanent residency and, ultimately, Singapore citizenship.

But this was not because he desired to look after Madam Chung, who had no children. He did so only to benefit himself and his family, Deputy Public Prosecutor Nicholas Tan told the court yesterday.

"The accused told CAD (Commercial Affairs Department) that he did this because he desired to look after Madam Chung. This was not borne out by investigations," he said.

Yang, 42, yesterday pleaded guilty to a total of 120 charges, mostly of falsifying receipts made to his company. The other charges were for cheating, immigration offences and breaking Companies Act laws.

He admitted to falsifying 110 receipts amounting to $186,900 from October 2009 to July 2014. Another 227 charges would be taken into consideration for sentencing.

Yang met Madam Chung, now 89, in 2008 while acting as her private tour guide during a Beijing trip. A year later, he moved in to live with her in her Gerald Crescent bungalow here, which is worth an estimated $30 million.

To get an Employment Pass (EP) and permanent resident (PR) status, Yang set up Young Music and Dance Studio (YMDS) in 2009, with the help of Rikvin, a corporate service provider. The Chinese national was told he had to earn around $5,000 a month for a higher chance of getting PR status here.

As setting up the company required at least one director who is a resident in Singapore, he approached his acquaintance, Ms Brenda Yeo, a Singaporean who was musically trained. Yang lied and told her that he could liaise with music schools in China and bring students to Singapore for the business.

After months of not hearing from Yang, Ms Yeo decided she did not want to be part of the firm anymore. At Yang's request, Rikvin then arranged for Madam Chung to replace her as a director.

"The accused's plan all along was to create the false appearance that... (he) was earning a substantial income from YMDS, to support his application for an EP, and subsequently PR status in Singapore," said DPP Tan. "It was never his plan that YMDS would operate a real business. Neither Rikvin nor Brenda were aware of this at the time."

By lying to the authorities that he was working and drawing a monthly salary of $7,000 for being the firm's managing director, among other things, Yang managed to obtain his PR status in 2011. He built upon this to get a long-term visit pass for his wife Weng Yandan in October 2013.

"ICA (Immigration and Checkpoints Authority) has confirmed that the accused would not have been granted PR status if it had known that any of the abovementioned statements were false," said DPP Tan. If Yang had not been working or not earning any pay at the time, he would not even have satisfied the minimum eligibility criteria for an S Pass or EP, let alone for PR status, he added.

Yang also had plans to fraudulently obtain Singapore citizenship by making similar false statements to the immigration authorities.

He still faces two criminal breach of trust charges for allegedly misappropriating $1.1 million from Madam Chung. Yesterday, Yang's lawyer, Mr Wee Pan Lee, asked for sentencing to be pushed back until after the criminal breach of trust charges are heard this month. Deciding on the sentence before that may cause prejudice in the later hearing, he said.

Deputy Presiding Judge of the State Courts Jennifer Marie granted the application yesterday, and said the mitigation and submissions for sentencing will be heard on July 11.

Madam Hedy Mok, Madam Chung's niece, was at yesterday's hearing with a friend, but Madam Chung did not attend. Speaking to reporters after Yang was convicted, Madam Mok said: "Of course I'm happy. We'll see what happens later."



 


The accountant

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Yang Yin in a police car on Nov 5, 2014. PHOTO: ST FILE

Published Jun 5, 2016, 5:00 am SGT

Former China tour guide Yang Yin was convicted last week of 120 charges of falsifying receipts and company accounts, and duping the authorities into granting him permanent residency and his wife a long-term visit pass. Court papers named several people whom he came into contact with in Singapore - a former business partner, an accountant and a form writer. The Sunday Times tracks down two of them.

Carolyn Khew

Former tour guide Yang Yin was a foreigner who knew Singapore "very well", said the accountant who was deceived into preparing financial statements for his sham firm.

He knew how the authorities worked and what documents would be needed for a company's financial statements, she said.

The receipts, which were falsified in order to make his company Young Music and Dance Studio seem legitimate, appeared genuine.

They also contained details such as the name of the person supposedly making payments to his firm, as well as the reasons for the payments.

"Everything was in order," said the accountant in her 30s, who spoke to The Sunday Times on condition of anonymity.

EVERYTHING LOOKED FINE

Everything was in order. Nothing was fishy. He had all the bills, receipts, his employment pass and even a company secretary.

THE ACCOUNTANT, who is in her 30s and agreed to speak to The Sunday Times on condition of anonymity.

"Nothing was fishy. He had all the bills, receipts, his employment pass and even a company secretary."

Yang was convicted of three cheating charges last Tuesday for dishonestly inducing the accountant to prepare financial statements based on falsified receipts made to his sham company.

The prosecution added that such acts were likely to cause damage to her reputation as an accountant.

She has a Science degree in Applied Accounting from Oxford Brookes University and became a member of international accounting body Association of Chartered Certified Accountants in 2003.

She was one of the 11 witnesses the prosecution had lined up when the hearing for Yang's case started.

Yang first approached her to prepare financial statements in 2010. Her aunt knew the former tour guide, and referred her to him.

"When he first called me asking for help, I didn't agree immediately," she said, adding that she was not paid for helping him with the statements.

"I thought about it for at least two weeks before I agreed."

Between March 1, 2010 and May 24, 2011, Yang presented the accountant receipts which included payments made to his company for piano tuition, "sound tuition" and training classes to prepare for singing competitions.

There were also bank account statements and cash deposit slips, which showed deposits made into the company's account.

Subsequently, the accountant told Yang that she did not want to help him further but he insisted.

"I was doing him a favour but, subsequently, I told him that he should look for another firm," she said.

However, Yang went back to her saying that he could not find anyone else to help him and that his accounts were simple to do.

And so she agreed to help him again with financial statements for his company dated May 27, 2013 and Aug 18, 2014.

It was only at end-2014 that she came to know of the case after the immigration authorities approached her for more information on what had happened.

"I didn't read the newspapers and didn't know about him... After ICA (the Immigration and Checkpoints Authority) approached me, I tried calling him but I couldn't locate him," she said.

In court papers, it was mentioned that had she known she had been deceived, the accountant would not have helped the 42-year-old.



 


Yang Yin duped accountant into preparing sham firm's financial statement


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Photo: The Straits Times

Carolyn Khew, Toh Yong Chuan
Sunday, Jun 5, 2016

Former China tour guide Yang Yin was convicted last week of 120 charges of falsifying receipts and company accounts, and duping the authorities into granting him permanent residency and his wife a long-term visit pass. Court papers named several people whom he came into contact with in Singapore - a former business partner, an accountant and a form writer. The Sunday Times tracks down two of them.

The accountant

Former tour guide Yang Yin was a foreigner who knew Singapore "very well", said the accountant who was deceived into preparing financial statements for his sham firm.

He knew how the authorities worked and what documents would be needed for a company's financial statements, she said.

The receipts, which were falsified in order to make his company Young Music and Dance Studio seem legitimate, appeared genuine.

They also contained details such as the name of the person supposedly making payments to his firm, as well as the reasons for the payments.

"Everything was in order," said the accountant in her 30s, who spoke to The Sunday Times on condition of anonymity.

"Nothing was fishy. He had all the bills, receipts, his employment pass and even a company secretary."

Yang was convicted of three cheating charges last Tuesday for dishonestly inducing the accountant to prepare financial statements based on falsified receipts made to his sham company.

The prosecution added that such acts were likely to cause damage to her reputation as an accountant.

She has a Science degree in Applied Accounting from Oxford Brookes University and became a member of international accounting body Association of Chartered Certified Accountants in 2003.

She was one of the 11 witnesses the prosecution had lined up when the hearing for Yang's case started.

Yang first approached her to prepare financial statements in 2010. Her aunt knew the former tour guide, and referred her to him.

"When he first called me asking for help, I didn't agree immediately," she said, adding that she was not paid for helping him with the statements.

"I thought about it for at least two weeks before I agreed."

Between March 1, 2010 and May 24, 2011, Yang presented the accountant receipts which included payments made to his company for piano tuition, "sound tuition" and training classes to prepare for singing competitions.

There were also bank account statements and cash deposit slips, which showed deposits made into the company's account.

Subsequently, the accountant told Yang that she did not want to help him further but he insisted.

"I was doing him a favour but, subsequently, I told him that he should look for another firm," she said.

However, Yang went back to her saying that he could not find anyone else to help him and that his accounts were simple to do.

And so she agreed to help him again with financial statements for his company dated May 27, 2013 and Aug 18, 2014.

It was only at end-2014 that she came to know of the case after the immigration authorities approached her for more information on what had happened.

"I didn't read the newspapers and didn't know about him... After ICA (the Immigration and Checkpoints Authority) approached me, I tried calling him but I couldn't locate him," she said.

In court papers, it was mentioned that had she known she had been deceived, the accountant would not have helped the 42-year-old.

[email protected]



 

Day Yang Yin withdrew $600k in cash


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Paintings (above) being taken into court. Yang claimed he bought the Yin Ma Tu for $500,000. Among those testifying were Mr Ngoh, Yang's then relationship manager at OCBC.PHOTO: WONG KWAI CHOW

Published Jul 2, 2016, 5:00 am SGT

Ex-China tour guide claimed he needed money to start business in HK, contradicting his earlier statements

Carolyn Khew

Bewildered - that was how an OCBC Bank relationship manager described his reaction when Yang Yin asked for $600,000 in $10,000 bills as collateral to purportedly open an art gallery in Hong Kong.

Yet the most eye-catching piece of evidence presented in court yesterday as the trial began to decide whether the former China tour guide misappropriated $1.1 million from a rich, elderly woman, was a Chinese painting that was folded repeatedly and found stuffed in an envelope in a piece of luggage.

Yang claims he bought the painting for the elderly woman, Madam Chung Khin Chun, for $500,000. But the prosecution said such a claim only shows that the 42-year-old was lying. The day's hearing, however, was cut short after Yang's lawyer said his client had been breaking out in a "cold sweat" and was not feeling well.

Nearly two years after Yang's involvement with wealthy widow Madam Chung was first reported in this paper, he faced the court yesterday to fight criminal breach of trust charges involving $1.1 million.

In May, he pleaded guilty to 120 charges, including offences involving his permanent residency and falsification of receipts which gave the impression he was running a legitimate business here. He is also being sued by Madam Chung's niece for allegedly manipulating her aunt into handing over her assets, worth an estimated $40 million.

Deputy Public Prosecutor Sanjiv Vaswani told the court yesterday that Yang's claim that he withdrew $600,000 in 2012 to register a business in Hong Kong stood in "stark contrast" to documents filed in the civil suit, in which he stated it was used to purchase six paintings. The prosecution also said the withdrawal came after Yang had liquidated over $1.3 million worth of Madam Chung's unit trust investments.

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Yang claimed he bought the Yin Ma Tu (above) for $500,000. Among those testifying were Mr Ngoh, Yang's then relationship manager at OCBC. PHOTO: COURT DOCUMENT

Mr Ngoh Boon Leong, who was Yang's OCBC Bank relationship manager at that time, testified yesterday: "My understanding of opening business entities is that they don't normally require cash as collateral, plus the amount was indeed a bit too big, even if it's for this reason."

Also taking the stand was Assistant Superintendent Yow Kien Seng. He described how during a raid in September 2014 at a Fernvale Link flat, where Yang was staying at the time, a painting was found in his luggage.Yang said the painting by Chinese master Xu Beihong, called "Yin Ma Tu" or Horse Drinking Water, was bought for $500,000 on Madam Chung's behalf.

But according to the agreed statement of facts, the sum of $500,000 was transferred several times between Madam Chung's and Yang's accounts before it was finally deposited into Yang's father's Bank of China account in 2010.

Yang's lawyer Irving Choh, however, said the painting belonged to Madam Chung, and she had asked Yang to get it authenticated.

Madam Chung's long-time friend, Madam Chang Phie Chin, also testified yesterday. The 86-year- old, who used to live with Madam Chung, described how Yang and Madam Chung had kept in touch even after a trip to Beijing in 2008. Both women went together, and Yang was their tour guide.

A year later, he moved in to live with the widow in her Gerald Crescent bungalow. Some time later, Yang told Madam Chung, who was diagnosed with dementia in 2014, that he had to fire her long-time driver, as he had tried to strangle him. But Madam Chang said neither she nor Madam Chung saw it happen.

Appearing in a purple jumpsuit with his feet shackled, Yang, who is in remand since October 2014, showed little expression at the hearing. During Madam Chang's testimony, he was seen leaning against the side of the dock. Asked if he was well enough to continue, his lawyer said no. The trial continues on Monday.



 

Ex-China tour guide claims trial to charges that he stole $1.1m from widow


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Yang Yin and Madam Chung Khin Chun. Photo: The Straits Times

Friday, Jul 1, 2016

SINGAPORE - Former China tour guide Yang Yin, who is in a tussle for a widow's $40 million assets and facing 349 criminal charges, has claimed trial to the two most serious charges - that of siphoning $1.1 million from the widow.

The two charges for criminal breach of trust said that Yang misappropriated $500,000 and $600,000 from Madam Chung Khin Chun, 89. He had claimed previously that the monies were used to buy paintings for her.

Deputy Public Prosecutor Sanjiv Vaswani said in court today (July 1) that the prosecution is challenging the authenticity and value of the paintings, Channel NewsAsia reported.

For criminal breach of trust, Yang faces up to seven years' jail or a fine, or both.

Yang was convicted in May of 120 charges, including those of falsifying receipts and company accounts, and duping the authorities into granting him permanent residency here.

Yang has been in remand since October 2014, after he was denied bail.

Yang acted as Madam Chung's private guide in China during a trip in 2008. A year later, he came to Singapore and moved into Madam Chung's bungalow, claiming that she wanted him as her "grandson".

He then set up a sham company and later obtained permanent residency in Singapore. His wife and two children also moved here.

Madam Chung's niece, Madam Hedy Mok, applied to become her aunt's guardian after Madam Chung was diagnosed with dementia in 2014. After discovering that Yang already had Lasting Power of Attorney over Madam Chung's matters, Madam Mok sued Yang. She also confronted Yang's wife at the bungalow in September that year, trying to get Yang's family to leave.

[email protected]



 

Yang Yin trial: '$500,000 painting? It's a fake worth $200'


Mr Huang was Madam Chung's relationship manager at OCBC from 2009 to 2010.

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An art expert said the painting, Horse Drinking Water, was an imitation. She also said another piece, of a woman lying on a couch (above), was neither a masterpiece nor coveted by high-paying collectors. PHOTOS: COURT DOCUMENTS

Published 6 hours ago

Art expert rubbishes ex-tour guide's claims about cost of works he had bought for Madam Chung

Carolyn Khew

A painting which Yang Yin claimed he had bought for $500,000 was dismissed by an art expert yesterday as nothing more than a cheap fake that would have cost $200 in a night market.

Madam Lim Sew Yong, chairman of Raffles Fine Arts Auctioneers, also rubbished a set of five other paintings the former tour guide from China said he had bought on behalf of a widow for $600,000.

Madam Lim valued them at $2,000 to $3,000 altogether, and told the court that it would be "stupid" for anyone to pay much more.

Madam Lim was taking the stand on the third day of Yang's trial, in which the 42-year-old is fighting charges that he dishonestly misappropriated $1.1 million from Madam Chung Khin Chun, a wealthy widow he met in 2008, and a year later moved into her Gerald Crescent bungalow.

He claims that he used the money to buy paintings for Madam Chung, a known art lover.
An art expert said the painting, Horse Drinking Water (above), was an imitation. She also said another piece, of a woman lying on a couch, was neither a masterpiece nor coveted by high-paying collectors. PHOTOS: COURT DOCUMENTS

But yesterday, as he stared on impassively, the court heard that the paintings were worth far less.

The prosecution called on Madam Lim, who set up Raffles Fine Arts Auctioneers in 1992. She had been asked to look into the paintings bought by Yang Yin.

One was titled Horse Drinking Water, which Yang claimed was by renowned Chinese artist Xu Beihong and cost $500,000. It had been folded several times and stuffed into an envelope, which was found in Yang's luggage during a police search.

Madam Lim said it was an imitation based on two original works by the artist. "If this were to be sold in the pasar malam, China night market, it would be worth about 1,000 yuan - equivalent to $200," she said.

Madam Lim said she knew the artist's wife, who told her that the original paintings were done on double-layered paper. The painting Yang had was not, and it also appeared "relatively new".

Deputy Public Prosecutor Sanjiv Vaswani asked if an original would have been "folded up like a roti prata?". Madam Lim said no, adding it should have at least been rolled up and kept in a box.

"As a collector I would not treat the painting in this manner."

As for the other pieces, Madam Lim said they were neither masterpieces nor coveted by high-paying collectors. Two were original while the others - including one of a woman lying on a couch, were either lithographs copied by machines or of "not very high quality".

Yang's lawyer Irving Choh argued, however, that value of art is not a science and it is up to the buyer to decide how much he is prepared to pay. In the market, it is "willing buyer, willing seller".

Mr Choh also highlighted the testimony of Mr David Fu, director of auction house 33 Auction, who said the painting of the woman lying on the couch was bought by Yang for $8,960 at an auction in 2011.

But when DPP Vaswani asked Madam Lim if she would believe anyone claiming to have bought the paintings for $600,000, outside of an auction, she said no. And if someone did, "that person would be stupid".

Also taking the stand yesterday was Madam Chung's relationship manager at OCBC for the period 2009 to 2010.

Mr Huang Yi Yao, 34, told the court how the widow, now 89, had asked, in August 2009, for Yang to be made a joint holder of her accounts.

He said Madam Chung did this because she was getting old, and wanted someone to help run her financial affairs. That did not mean Yang had any share in the money, he added. "The accused can only operate the account as Madam Chung sees fit," said Mr Huang.

Her accounts included unit trust investments, which were "substantial", he explained. He told the court that as he went through the investments with Madam Chung and Yang, he noticed how the latter seemed interested in them.

He "leaned forward", recalled Mr Huang, and he "opened his eyes bigger".

The trial continues tomorrow.



 

Yang Yin trial: Accused told police officer he 'forgot' $500k was a gift


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Yang Yin seen in a police car in 2014. PHOTO: ST FILE

Published Jul 8, 2016, 5:00 am SGT

Asked by prosecution if this made sense, police investigator told court: 'It did not'

Toh Yong Chuan
Manpower Correspondent
Carolyn Khew

How could anyone "forget" being given a $500,000 sum as a gift?

Yang Yin did, claiming this was why he first told police that the money had been entrusted to him to buy a painting for an elderly widow, before changing his story.

Asked by Deputy Public Prosecutor Nicholas Tan if this made sense, the police officer who questioned the 42-year-old former China tour guide - who is fighting charges that he misappropriated $1.1 million from the widow - told the court yesterday: "It did not."

On the fourth day of the trial, Deputy Superintendent of Police (DSP) Jane Lim took the stand and was asked about the differing accounts Yang gave about a $500,000 sum that was moved from the widow's bank account to his, then back to her account before landing in his father's account in China.

DSP Lim, a Commercial Affairs Department senior investigation officer, said Yang first told police the 89-year-old widow had given him $500,000 to buy a painting of a horse - which in earlier testimony was dismissed as a fake that would cost only $200. But he later claimed the money was a gift. When asked to clarify, DSP Lim said Yang replied: "I forgot that she gave me the money as a gift. That was why I did not state so earlier."

DSP Lim said she then asked him why he would use the money to buy a painting of unknown origin for the widow, Madam Chung Khin Chun. "My grandmother, Madam Chung, likes the painting," he replied.

$500k: Gift or for buying painting?

Extracts of police statement by Yang Yin (above) read out in court

Q: Madam Chung believed that the painting was a real work of Xu Beihong's and entrusted you with $500,000 to buy the painting. Is this correct?
A: Yes. We discussed and felt that the painting was not bad.

Q: You stated that Madam Chung transferred $504,000 into your bank account for the purpose of buying Xu Beihong's "Yin Ma Tu". Then... you stated that Madam Chung gave you $500,000 as a gift. Can you clarify if the $500,000 was entrusted to you to buy a painting or was it a gift to you?
A: It was a gift to me.

Q: If it was a gift to you, then can you tell me why you did not state so earlier when asked about it?
A: I forgot that she gave me the money as a gift. That was why I did not state so earlier.

Q: Since it was a gift to you, why did you choose to buy a painting of unknown origin for $500,000?
A: My grandmother, Madam Chung, likes the painting.

The painting is one of the key pieces of evidence in the prosecution's case. DSP Lim yesterday also recounted how Yang came to purchase Horse Drinking Water, which Yang claims is by renowned Chinese artist Xu Beihong.

Yang told police he met the seller, a Mr Zhu, at a flea market in Hangzhou in 2010. He then took a photo of the painting and showed it to Madam Chung, whom he was living with then in her Gerald Crescent bungalow. He claimed she then asked him to buy it.

He told police that he bought the painting for $500,000 and brought it back to Singapore in 2010. Madam Chung then wanted him to frame the painting, so he brought it to China. He did nothing to it until September 2014, when Madam Chung's niece sued him.

As he was ordered to declare his assets, he needed take an inventory and asked a friend to take the painting from Hangzhou to Japan where he was on a business trip. The painting was later found in Yang's suitcase and seized by police during a raid at a Fernview flat on Sept 17, 2014. It had been folded repeatedly and stuffed in an envelope.

Mr Huang Yi Yao, who was Madam Chung's OCBC bank relationship manager from 2009 to 2010, yesterday told the court how the $500,000 finally ended in the bank account of Yang's father, Mr Yang Sannan, in China in February 2010. Mr Huang did not know who Mr Yang Sannan was at that time.

"The accused explained that the monies were for his mother in China and Madam Chung who sat in front of me confirmed that," said Mr Huang.

The roundabout transfer - from Yang to Madam Chung and then to China - had avoided "red flags" that would arise had Yang made the transfer directly as he was unemployed then, said Mr Huang.

Accountant Ong Sok Hun, who also took the stand yesterday, testified that the accused had sought her help to prepare accounts for his company Young Music and Dance Studio, based on receipts and other documents he provided to her.

Yang had in May pleaded guilty to 120 charges, including offences involving his permanent residency and falsification of receipts.

Meanwhile, Madam Chung, who was diagnosed with dementia in 2014, will not be taking the stand. Doctors appointed separately by the prosecution and defence had examined her last week and found that she was mentally unfit.

The hearing continues today.


 

Yang Yin trial: Ex-tour guide intends to plead guilty to criminal breach of trust charges


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Former tour guide Yang Yin, 42, intends to plead guilty to two criminal breach of trust charges. PHOTO: ST FILE

Published Jul 8, 2016, 12:13 pm SGT
Carolyn Khew
Toh Yong Chuan
Manpower Correspondent

SINGAPORE - Former tour guide Yang Yin, 42, intends to plead guilty to two criminal breach of trust charges for dishonestly misappropriating $1.1 million from a wealthy widow.

"My client in an unusual twist has decided to plead guilty to two charges," said Yang's lawyer Irving Choh in court on Friday (July 8).

The next hearing is scheduled for July 27.

The prosecution has charged that Yang had on two separate occasions misappropriated $500,000 and $600,000 from Madam Chung Khin Chun, 89. He had argued that these were used to buy paintings for Madam Chung.

In May, Yang had pleaded guilty to 120 charges relating to immigration offences and falsification of receipts - 110 charges were for the falsification of receipts made to his company, while the remaining were for immigration and cheating offences, as well as breaking Company Act laws.

He was arrested in September 2014 and charged a month later with a slew of offences, mostly falsifying receipts made to his company, Young Dance and Music Studio, so he could stay in Singapore.

The Straits Times first reported on the high-profile case in 2014 when Madam Hedy Mok, the niece of Madam Chung, commenced a series of legal actions against Yang in the High Court.

Yang got to know Madam Chung when he acted as her private tour guide during a trip to Beijing in 2008.



 

Ex-tour guide Yang Yin does U-turn and decides to continue with trial to show more evidence

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Yang Yin seen in a police car on Nov 5, 2014. He has changed his mind and will not be pleading guilty. PHOTO: ST FILE

Published 10 hours ago
Amir Hussain

SINGAPORE - In another mid-trial twist, former China tour guide Yang Yin, who is facing two charges of misappropriating $1.1 million belonging to an elderly widow, on Wednesday (July 27) said he had changed his mind and would not be pleading guilty.

Three weeks ago, on the fifth day of his trial, Yang, 42, had abruptly decided to throw in the towel. His lawyer Irving Choh told the court: "My client, in an unusual twist, has decided to plead guilty to two charges."

But on Wednesday (July 27) morning, Mr Choh said: "He has changed his mind."

Asked by Deputy Presiding Judge of the State Courts Jennifer Marie to confirm his decision, Yang told the court through a Mandarin interpreter: "Yes I confirm what my counsel has said, because we have many (pieces of) evidence that we have yet to show."

Yang is accused of committing criminal breach of trust involving $500,000 on Feb 19, 2010, and involving $600,000 on Jan 18, 2012 - amounts which the prosecution has described as "by no means trivial".

He got to know the elderly widow, 89-year-old Madam Chung Khin Chun, who is childless and was diagnosed with dementia in 2014, when he was her tour guide in Beijing in 2008. He moved in to stay with her at her Gerald Crescent bungalow a year after they met. In 2010, she made a will in which he stood to inherit everything.

However, in April last year, the courts recognised a new statutory will that her niece, Madam Hedy Mok, made on her behalf. Under the new will, most of her assets would go to charity.

Madam Mok took out a series of civil actions in 2014, claiming her aunt had been unduly influenced by Yang, putting the case in the media spotlight. She also sued him for manipulating the widow to control her assets, estimated at $40 million.

Yang was arrested in September 2014 and charged a month later with a slew of crimes - mostly falsifying receipts made to his company, Young Dance and Music Studio, so he could stay in Singapore. He was also charged with cheating, immigration crimes, and breaking Companies Act laws. He has been in remand since October 2014.

On May 31, he pleaded guilty to 120 out of 347 charges; the rest will be taken into account when he is sentenced after the ongoing trial for his most serious charges are over.

On the sixth day of the trial on Wednesday (July 27), Deputy Superintendent of Police (DSP) Jane Lim Miaoqing took the stand again as the prosecution's 11th and final witness.

The investigator with the police's Commercial Affairs Department told the court that Yang twice lied during recorded interviews in late October 2014.



 


Accused changes his mind, won't plead guilty


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Yang says he changed his mind because he has more evidence to submit. He is accused of misappropriating $1.1 million belonging to Madam Chung. ST FILE PHOTO

Published 37 min ago

Former tour guide reverses decision he made three weeks ago and now says he is innocent

Amir Hussain

Three weeks after abruptly deciding to plead guilty to two charges of misappropriating $1.1 million belonging to a widow, former China tour guide Yang Yin performed another U-turn yesterday and said he was innocent.

Yang's lawyer Irving Choh, at a court hearing earlier this month, said: "My client, in an unusual twist, has decided to plead guilty to two charges."

But yesterday, Mr Choh said: "He has changed his mind."

Asked by Deputy Presiding Judge of the State Courts Jennifer Marie to confirm his decision, Yang, through a Mandarin interpreter, said: "Yes, I confirm what my counsel has said, because we have more evidence, which we have yet to submit."

Yang, 42, is accused of committing criminal breach of trust involving $500,000 on Feb 19, 2010, and involving $600,000 on Jan 18, 2012 - amounts that the prosecution has described as "by no means trivial".

He got to know Madam Chung Khin Chun, 89, who was diagnosed with dementia in 2014, when he was her tour guide in Beijing in 2008. Madam Chung and her late husband Chou Sip King did not have any children.

Yang came to Singapore and moved into Madam Chung's Gerald Crescent bungalow a year after they met. In 2010, Madam Chung made a will in which Yang stood to inherit everything.

However, in April last year, the courts recognised a new statutory will that her niece, Madam Hedy Mok, made on her behalf, that would leave most of her assets to charity.

Madam Mok took out a series of civil actions in 2014, saying her aunt had been unduly influenced by Yang. She also sued him for manipulating the widow to control her assets, worth an estimated $40 million.

Yang was arrested in September 2014 and charged a month later with a slew of crimes - mostly related to falsifying receipts made to his company, Young Dance and Music Studio, so he could stay in Singapore.

He was also charged with cheating, immigration crimes, and breaking Companies Act laws.

He has been in remand since October 2014.

On May 31, he pleaded guilty to 120 out of 347 charges. The rest will be taken into account when he is sentenced, after the ongoing trial for his most serious charges is over.

On the sixth day of the trial yesterday, DSP Jane Lim Miaoqing took the stand again as the prosecution's 11th and final witness.

The investigator with the Commercial Affairs Department said Yang lied twice during recorded interviews in October 2014.

Yang had first said he withdrew $600,000 from Madam Chung's bank account in January 2012 to buy five paintings with the money.

Later, he said: "Actually, my grandmother (Madam Chung) asked me to take out $600,000. I passed her the cash after I withdrew it."

However, he later did a U-turn. "After thinking about it, I realised that I did buy the five paintings and I do not know why I told you otherwise just now."

Mr Choh told the court that Madam Chung and Yang had agreed not to let anyone find out she had passed him the money "because she knew the transfer of monies from her to him would cause jealousy and gossip".

But the deputy superintendent disagreed with Mr Choh's assertion. She also disagreed that the money was a gift from Madam Chung to Yang.

The trial continues on Tuesday next week, and Yang is expected to take the stand.



 

Yang says widow saw him as 'grandson' she never had


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Madam Chung Khin Chun (left) and her niece Hedy Mok arriving at the State Courts yesterday. Madam Mok had sued Yang in 2014, claiming that he had unduly influenced her aunt, who was diagnosed with dementia that year.ST PHOTO: WONG KWAI CHOW

Published
20 min ago

Ex-tour guide claims she gifted him $1.1m,willed him rest of her assets

Amir Hussain

For more than two hours on the stand yesterday, former China tour guide Yang Yin gave his side of the story in a saga that has transfixed Singapore.

Accused of siphoning $1.1 million from a rich, childless widow, he told the court that 89-year-old Chung Khin Chun had gifted him the money and willed him the rest of her assets, worth an estimated $40 million and including a bungalow at Gerald Crescent, in exchange for his companionship. She saw him as the "grandson" she never had, he said.

"I felt very lucky... She asked me to be by her side forever, not to leave her. I agreed," said the 42-year-old, who in 2014 was sued by Madam Chung's niece Hedy Mok. She claimed he had unduly influenced her aunt, who was diagnosed with dementia that year.

"In 2011, (Madam Mok) knew that Madam Chung had gifted me the money. Why didn't she make the report then? Madam Chung was still clear in her head, she could still testify," said Yang. He also claimed that Madam Chung's close friend, Madam Chang Phie Chin, 86, who had lived with her, was her husband's mistress. "This is a secret in their family," said Yang.

Yang said he first came to Singapore in 2006 for a travel fair, where he met Madam Chung and her husband, Dr Chou Sip King, who died in mid-2007. Madam Chung and Madam Chang met him again when they went to Beijing for a holiday in end-2008. There, Yang got closer to Madam Chung, who asked him to call her daily after her return. He said she later asked him to "accompany" her to Singapore, telling him that she would support him financially.

Yang arrived in 2009 after Chinese New Year and was given a hongbao of $5,000. A few days, later he claimed she told him she wanted to leave him everything - and such a will was made the next year.

He claimed he asked her if she was sure and she replied: "You are my grandson. A granny gives her money to her grandson. Is there anything wrong with that?" Last April, the courts recognised a new statutory will that will leave most of Madam Chung's assets to charity.

Madam Chung's friends would visit her about once a month, while her niece would visit her once every few months, Yang said. Madam Chung told him to avoid the visitors because she "did not want others to know about (their) relationship".

In 2013, after Chinese New Year, she told him to bring his wife and two children over to Singapore, and they arrived in August 2013. "Madam Chung was very happy because she had the children to play with. She felt that the home was livelier. It did not seem as boring as when the two of us were alone together," said Yang, who is set to be cross-examined by the prosecution today.

As for the money that is the subject of the criminal breach of trust charges, Yang admitted lying to police about using it to buy paintings for Madam Chung. But that was because she did not want others to know about it, to avoid jealousy and gossip. He said $500,000 was a gift to help with family debts and $600,000 was returned to Madam Chung after she asked for it.



 

Yang Yin saga: Court of Appeal throws out former tour guide's appeal application against will


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Yang Yin in a police car on Nov 5, 2014.PHOTO: ST FILE

Published 10 hours ago
Carolyn Khew

SINGAPORE- The Court of Appeal has thrown out an application by Yang Yin to appeal against a wealthy widow's will which leaves most of her assets to charity.

This closes one chapter in the ongoing saga, with Yang unable to submit further appeals against the new statutory will by Madam Chung Khin Chun, which the court recognised in 2015.

The new will replaces an earlier one made in 2010 where Yang stood to inherit everything including the 89-year-old widow's Gerald Crescent bungalow worth $30 million.

In a brief judgment released on Aug 1, Judges of Appeal Chao Hick Tin and Andrew Phang stated that the application was dismissed as they could not see any basis for interfering with an earlier decision in the lower courts to recognise the widow's new will.

The court has to act in the "best interests" of Madam Chung in deciding whether or not to recognise the will and this formed the basis for the District Judge's earlier decision, they noted. The judge had found the new will to be "more consistent" with Madam Chung's convictions, values and beliefs.

Yang, 42, had earlier argued that there was a procedural failure in the proceedings as the judge had denied his lawyers the chance to cross-examine witnesses who had given evidence to support the application for the new will.

His appeal was dismissed by the High Court in April this year.

The high-profile case involving Yang and the wealthy widow unfolded in 2014 after Madam Chung's niece, Madam Hedy Mok, evicted Yang's wife, who had been living in her aunt's house for about a year with her two young children.

Separately, Yang is on trial for two criminal breach of trust charges for allegedly misappropriating $1.1 million from Madam Chung.

In May this year, he pleaded guilty to 120 charges- most of which were for immigration offences and faking receipts for payments made to his company so he could stay in Singapore.


 

Yang Yin trial: Ex-tour guide wants to 'give up' testifying, says he is stressed and unwell


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The hearing has been adjourned to Aug 15 for Yang Yin to undergo medical examination at the Changi Medical Complex.PHOTO: ST FILE

Published 8 hours ago
Carolyn Khew

SINGAPORE - A former tour guide on trial for misappropriating money from a rich widow had a moment of panic in court on Friday (Aug 5) and asked for permission to "give up" testifying.

Yang Yin, a Chinese national, has pleaded guilty to 120 charges but claimed trial a week ago to criminal breach of trust charges.

But before the prosecution could begin its cross-examination on Friday, Yang, who is accused of allegedly misappropriating $1.1 million from Madam Chung Khin Chun, 89, said he was unable to continue being cross-examined. "I feel very stressed," he told the court through an interpreter, adding he was physically and emotionally unwell. He had been on the stand since Tuesday (Aug 2).

Deputy Presiding Judge of the State Courts Jennifer Marie then asked if he was able to proceed with the trial. He replied: "I would like to request Your Honour... I would like to give up giving testimony."

The former tour guide then requested time alone with his lawyer, Mr Irving Choh. After the 15-minute break, Mr Choh made an application for his client to undergo a medical examination by the prison authorities. This is to ascertain and ensure that Yang is "physically and mentally able" to continue giving evidence in court, said Mr Choh.

Judge Marie then agreed to adjourn the hearing to Aug 15 for Yang to undergo medical examination at the Changi Medical Complex, which would determine if there is "good cause" for him to refuse to answer any questions, she said.

Yang had been expected to plead guilty but withdrew that decision last week, saying he had more evidence to submit. He is facing two charges over allegedly misappropriating $500,000 and $600,000 from Madam Chung. The prosecution has sought to poke holes in his statements, and Yang admitted on Thursday (Aug 4) that he had lied in at least one instance when it suited him.

In May, Yang pleaded guilty to 120 other charges, most of which involve falsification of receipts to make it appear that a business he set up was real.

In 2014, Madam Chung's niece, Madam Hedy Mok, began a series of civil actions to strip Yang of any hold over her aunt, claiming he had unduly influenced the old woman.

In 2008, Yang was Madam Chung's private tour guide when she visited Beijing. A year later, he moved in to live with her in her Gerald Crescent bungalow worth an estimated $30 million, and gained power of attorney over her affairs.



 

Ex-tour guide mulls over pleading guilty - again


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Madam Hedy Mok (above), niece of widow Chung Khin Chun, arriving at the State Courts yesterday to observe the trial of former tour guide Yang Yin from China. PHOTO: AZIZ HUSSIN FOR THE STRAITS TIMES

Published 1 hour ago

He had indicated that he wanted to plead guilty last month, but changed his mind

Carolyn Khew

With his trial drawing to a close, a former tour guide accused of criminal breach of trust is considering for a second time if he should throw in the towel.

Yang Yin's lawyer, Mr Irving Choh, told reporters yesterday his client is thinking about whether to plead guilty or continue to fight the charges against him. Yang had asked to meet his lawyer after the cross examination yesterday.

This is not the first time the 42-year-old, charged with allegedly misappropriating $1.1 million from widow Chung Khin Chun, is wavering in his defence. He first indicated that he wanted to enter a guilty plea on July 8, the fifth day of the trial. But three weeks later, he told the court that he had changed his mind as he had more evidence to show.

Yesterday, Yang also asked Deputy Presiding Judge of the State Courts Jennifer Marie if he could leave Changi Prison to accumulate more evidence for his case.

"I just want Your Honour to approve my request because I wish to leave Changi Prison and see if I can find more evidence," said Yang, who has been in remand since October 2014 after being denied bail.

Judge Marie rejected his requestand said if Yang needed more evidence, his lawyer could advise him.

SEEKING 'MORE EVIDENCE'

I just want Your Honour to approve my request because I wish to leave Changi Prison and see if I can find more evidence.

YANG YIN , to the judge yesterday. The judge rejected his request.

Doctors at the Changi Medical Complex had also certified he was well enough to proceed with the trial, she said. The judge had adjourned the hearing on Aug 5 for Yang to be examined by doctors. The Chinese national had wanted to stop testifying, saying he was stressed and physically and emotionally unwell.

The medical examination, however, showed that while he was suffering from acute stress disorder, he was well enough to take the stand.

Midway through cross-examination by the prosecution yesterday, Yang was seen rocking back and forth.

The prosecution continued to point out inconsistencies in his statements over the money he had allegedly siphoned from the 89-year-old widow - $500,000 in 2010 and $600,000 in 2012.

Yang said in court yesterday that $500,000 was transferred to his father's account in China in order to pay debts incurred for his grandmother's medical bills. She died in 2008, Yang said.

The prosecution, however, charged that this was a "fabrication" and produced a receipt dated March 1, 2010, which showed that Yang had used $500,000 to buy a painting of a horse by Chinese artist Xu Beihong. Yang had mentioned the painting in his police statements, but later told the court it was a cover-up.

He said he did not buy the painting, but said he did only because Madam Chung wanted to avoid jealousy in case relatives found out large sums of money were given to him.

In May, Yang pleaded guilty to 120 other charges, most of which involved falsification of receipts to make it appear that a business he set up was real.

The trial continues today.


 


Yang Yin trial: Former tour guide pleads guilty to criminal breach of trust charges

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Yang Yin in a police car in November 2014. Photo: The Straits Times

Wednesday, Aug 17, 2016

SINGAPORE - Yang Yin has been convicted of two criminal breach of trust charges for allegedly misappropriating $1.1 million from a wealthy widow.

His decision to plead guilty came on Tuesday (Aug 16) after 11 days of trial.

After the statement of facts were read out by the prosecution on Tuesday, Yang confirmed through an interpreter that he wishes to plead guilty to two charges.

Sentencing and mitigation for his two criminal of breach charges are expected to take place on Sept 9.

A person convicted of criminal breach of trust could face a jail term of up to seven years, a fine or both.

Yang has been convicted of allegedly misappropriating $500,000 and $600,000 from Madam Chung Khin Chun, 89, in 2010 and 2012 respectively.

The Chinese national had claimed that these were given to him by Madam Chung although he had said in earlier statements that they were used to buy paintings on her behalf. This was a cover up, he claims, as Madam Chung wanted to avoid jealousy and gossip.

The prosecution, however, has produced evidence in court to show that this was untrue.

In May, Yang had pleaded guilty to 120 charges relating to immigration offences and falsification of receipts - 110 charges were for the falsification of receipts made to his company, while the remaining were for immigration and cheating offences, as well as breaking Company Act laws.

He was arrested in September 2014 and charged a month later with a slew of offences, mostly falsifying receipts made to his company, Young Dance and Music Studio, so he could stay in Singapore.

The Straits Times first reported on the case in 2014 when Madam Hedy Mok, Madam Chung's niece, commenced a series of legal actions against Yang in the High Court.

Yang got to know Madam Chung when he acted as her private tour guide during a trip to Beijing in 2008.



 


Yang Yin trial: Prosecution disputes photos shown in court


Published 3 hours ago

Yang's lawyer says they show he treated widow well; DPP says they were taken on same day after he was sued

Carolyn Khew

To support his case that former tour guide Yang Yin had treated elderly widow Chung Kin Chun well, his lawyer submitted several photographs in court yesterday.

One shows Yang with Madam Chung and a trolley full of groceries at a supermarket.

Another shows the 42-year-old in T-shirt and shorts, trimming the toenails of the childless widow he said he called "grandma".

Other photos show them eating char siew (barbecued pork) rice and him in the driver's seat of a car with her next to him.

Yang, who pleaded guilty to misappropriating $1.1 million from the 89-year-old Madam Chung, maintained that he was her companion, and wanted to "fill a void in her life" when he moved in to live with her from 2009 to 2014.

The photographs were submitted to underscore the point that he took care of her and took her to places where she wanted to go.

The prosecution did not buy this.

Instead, it pointed to the time- stamp on the photos: All of them were taken on Aug 20, 2014 - after Madam Chung's niece Hedy Mok sued him for unduly influencing her aunt into handing over her assets.

"I think the inference is quite clear," said Deputy Public Prosecutor Sanjiv Vaswani, who questioned the purpose of the pictures.

The prosecution asked that the Chinese national be sentenced to 10 to 12 years' imprisonment for misappropriating a total of $1.1 million belonging to the elderly and "vulnerable" victim over two separate occasions- offences which call for a deterrent sentence.

Yang's lawyer, Mr Irving Choh, however, asked for a sentence not exceeding three years. His client, he argued, was a first-time offender and the sole breadwinner of his family.

Moreover, Yang shared a "warm relationship" with the widow who was diagnosed with dementia in 2014. She was lonely and her relatives rarely visited her, the lawyer said.

The $1.1 million Yang took was to pay off his grandmother's medical bills, said Mr Choh. "He does not want to deny that he did indeed take the $1.1 million... His actions were not for personal gain, but a misguided attempt to lift a financial burden which was taking a toll on his family."

According to bank statements, Yang had around $1.1 million in his bank accounts - which was not part of the charges - but he did not abscond even though he had the chance to, said Mr Choh.

DPP Vaswani, however, pointed out that the accused did try to withdraw the money, but was unable to do so as it had been frozen under a court order.

He also highlighted that the $500,000 and $600,000 which Yang had misappropriated from the widow in 2010 and 2012 remained unaccounted for.

The accused had "intentionally fostered an environment of unquestioning trust with Madam Chung", said the DPP. He capitalised on her age and lack of immediate familial support such that his actions were "free from the scrutiny of the eyes of outsiders".

"We urge the court to impose sentences reflecting both the harm and culpability involved in the offences," said DPP Vaswani.

"The lies and cover-ups pursued by the accused at length, years after the actual act of misappropriation was executed, demonstrate the depth of his commitment to deceit and fraud."

Yang's guilty plea should also be "given no weight". He did so only after undergoing 21/2 days of cross- examination, during which he showed numerous inconsistencies.

By this stage, the accused was well aware of the evidence against him, said DPP Vaswani.

Mr Choh said his client changed his mind about pleading guilty due to pressure from his family.

In the dock yesterday, Yang looked solemn as the prosecution and defence gave their submissions. He shook his head at times and turned to look in Madam Chung's direction when he was being led away by the police. Madam Mok, her aunt and other friends were present at the hearing.

Apart from criminal breach of trust charges, Yang had in May pleaded guilty to 120 other charges, mostly related to the falsification of receipts to make it appear that a business he set up was real.

The hearing for his criminal breach of trust charges will resume on Sept 21 for further submissions.



 

Yang Yin case: 6 years’ jail for taking $1.1m from widow

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Yang had preyed on the vulnerability of Madam Chung, said Principal District Judge Bala Reddy.

Published 9 hours ago

Judge says ex-tour guide bamboozled elderly victim into entrusting him with the money

Carolyn Khew
Toh Yong Chuan
Manpower Correspondent

With his hands cuffed behind his back and his ankles shackled, Yang Yin was seen shaking yesterday as a judge described how the former tour guide had "bamboozled" an elderly widow into entrusting him with $1.1 million.

The 42-year-old Chinese national was sentenced to six years in jail - on top of the 26 months he received on Thursday for a slew of offences related to creating a sham business to gain permanent residency.

Yesterday's sentence came after he pleaded guilty in August to two criminal breach of trust charges for misappropriating $500,000 and $600,000 on two separate occasions from 89-year-old Madam Chung Khin Chun.

Her niece, Madam Hedy Mok, 62, frowned when the jail sentence was passed and later told The Straits Times it was "too light, too lenient".

Yang stood nervously in silence next to a court interpreter as Principal District Judge Bala Reddy took about 30 minutes to read out his grounds of judgment.

He said Yang had preyed on the vulnerability of Madam Chung, and embarked on his "criminal enterprise" shortly after he came to live in Singapore in 2009.

"Preying on the vulnerability of an elderly lady, very advanced in age, the accused bamboozled Madam Chung into entrusting him with substantial sums of monies for purposes that he never intended to fulfil," said Judge Reddy.

Yang had met Madam Chung in 2008 when he acted as her private tour guide during a trip to Beijing. The widow, whose husband died in 2007, is childless and was diagnosed with dementia in 2014.

Some time around January 2010, Yang persuaded her to purchase a horse painting by renowned Chinese artist Xu Beihong. She then agreed to entrust him with a sum of half a million.

Madam Chung Khin Chun (second from left) and Madam Hedy Mok (third from left) with Madam Chung's supporters and friends. ST PHOTO: JAMIE KOH

Yang Yin Saga: Madam Mok and Madam Chung arrive at the State Courts on Friday

The painting, however, was never bought. Yang procured a fake painting and a falsified receipt to cover up his wrongdoing.

Yang likewise procured two falsified receipts that showed he had purchased five paintings for close to $600,000 in 2012.

Judge Reddy said the sentence meted out must be one that reflects the total amount of money misappropriated, as well as one that takes into account various aggravating factors in the case.

The jail term of 10 to 12 years that the prosecution asked for would be "particularly crushing", said the judge, citing past cases in which the jail terms handed out were lower than that even though larger amounts were misappropriated.

Yang's lawyer, Mr Irving Choh, said his client was "relieved" at yesterday's outcome.

Madam Chung and her niece arrived in court with six friends and neighbours yesterday. Many, including Madam Mok, left feeling disappointed with the outcome.

"What he stole was not only money... he actually took away her dignity," the travel agency owner told reporters outside the court house. "He didn't do what he was supposed to do, (that is) look after her. He didn't do that... he didn't look into her welfare and it's totally disappointing."

Yang Yin saga: Madam Chung's niece, Madam Hedy Mok, plans to appeal

Yang Yin's lawyer says he is pleased about his sentencing

Asked if the prosecution would be appealing, a spokesman for the Attorney-General's Chambers said the prosecution will study the full written grounds of decision before deciding on the next appropriate course of action.

Both the prosecution and Yang's lawyer have 14 days to file the notice of appeal.




 


Yang Yin case: Widow’s niece regrets not acting earlier



Former China tour guide Yang Yin was jailed 6 years on Friday for misappropriating $1.1 million from widow Mdm Chung Khin Chun. Mdm Chung's niece Hedy Mok said she was 'totally disappointed' with the 'too lenient' sentence.

Published 9 hours ago
Carolyn Khew
Toh Yong Chuan
Manpower Correspondent

It was in 2009 when Yang Yin first moved into Madam Chung Khin Chun's sprawling Gerald Crescent bungalow, going on to trick the 89-year-old widow into handing over more than a million dollars.

But it was only five years later that her niece, Madam Hedy Mok, found out what he was up to, evicted him from the home and went to the police - leading to Yang yesterday being sentenced to six years' jail for criminal misappropriation.

Still, it was bittersweet for Madam Mok. "I regret not acting against him earlier," she told The Straits Times. "I did not know (the full extent of) what he had done until it was too late."

Madam Mok became embroiled in the saga in early 2014, when she visited her aunt during Chinese New Year with her mother, Madam Doris Chung. Madam Doris Chung noticed that her sister's memory was failing and asked her daughter Hedy to take her sister to a doctor.

Madam Chung Khin Chun (second from left) and Madam Hedy Mok (third from left) with Madam Chung's supporters and friends. ST PHOTO: JAMIE KOH

Yang Yin Saga: Madam Mok and Madam Chung arrive at the State Courts on Friday

Madam Chung was subsequently diagnosed with dementia and Madam Mok applied to be her aunt's guardian in June. That was when she discovered that her aunt had already granted Yang, a former China tour guide, legal powers in 2012 to have full control over her assets estimated to be worth $40 million, including her bungalow. The legal powers were revoked in November 2014, after Madam Mok applied to the court to have the Lasting Power of Attorney cancelled.

When asked if she should have visited her aunt more often, Madam Mok said: "She is a private person." She knew that Yang was living in the bungalow but he had avoided meeting family members each time they visited, she said. After finding out that he had gained control of the widow's financial matters, she evicted him, his wife and two children from the bungalow.

Madam Mok, 62, who runs a tour agency, then took in her aunt to live with her in her semi-detached house in East Coast. Madam Chung has been living there since August 2014. The widow now spends her days reading newspapers in the morning and swimming in the afternoon. She also has a full-time maid to attend to her needs.

In court yesterday, Madam Chung, a retired physiotherapist, appeared oblivious to the proceedings. She closed her eyes during most of the trial. When asked by reporters how she felt about the outcome, she replied: "I don't know."

Madam Mok said she plans to sell the Gerald Crescent bungalow and use the proceeds for her aunt's upkeep. "The rest will go to charity according to her will," she added, although she has not decided when and how to sell the house.

Yang Yin saga: Madam Chung's niece, Madam Hedy Mok, plans to appeal

Yang Yin's lawyer says he is pleased about his sentencing

When asked if she would miss the Gerald Crescent bungalow if it is sold, Madam Chung said: "Of course I will miss it. I lived there a long time. But Hedy's house is my home now."



 


Prosecution appeals against Yang Yin's term


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The Attorney- General's Chambers called Yang's six-year term "manifestly inadequate".

Published Oct 4, 2016, 5:00 am SGT
Carolyn Khew

The prosecution is appealing against what it called the "manifestly inadequate" six-year jail term for a former tour guide from China, Yang Yin, who misappropriated $1.1 million from an elderly Singaporean widow.

"The sentence does not adequately reflect the true criminality of Mr Yang's conduct," said the Attorney-General's Chambers (AGC) in a statement yesterday.

Last Friday, Principal District Judge Bala Reddy had sentenced Yang, 42, to six years' imprisonment for committing two criminal breach of trust offences. The Chinese national had misappropriated $500,000 and $600,000 from 89-year-old Madam Chung Khin Chun in 2010 and 2012 .

Elaborating on the decision to file a notice of appeal yesterday, the AGC said the court had not given adequate consideration to two features of the case.

First, Yang was a foreigner who had come to Singapore with the aim of committing criminal acts.

"Secondly, not only did he take advantage of a vulnerable elderly person, (but) he has also failed to disclose the full extent of his criminality, return any portion of the misappropriated monies, and he has not shown any remorse," added the AGC.

The prosecution had originally asked for a deterrent sentence of 10 to 12 years.

Judge Reddy, however, said in his grounds of decision last week that a deterrent sentence need not be "crushing", adding that 10 to 12 years' imprisonment would be "manifestly excessive".

Apart from the criminal breach of trust, Yang was also jailed for two years and two months for a slew of crimes regarding his immigration status, including falsifying receipts for a sham company in order to stay in Singapore.

Though the former tour guide faces a total of eight years and two months in jail, his 26-month sentence was backdated to Oct 31, 2014, when he was taken into remand. Together with a possible one-third remission of the sentence for good behaviour , it could mean a much shorter jail term for Yang.

Yesterday, Madam Chung's niece, Madam Hedy Mok, told The Straits Times she was glad to hear the prosecution had filed a notice of appeal.

"What he (Yang) got was incredibly lenient," said the 62-year-old tour agency owner.

Yang's lawyer Irving Choh said: "We cannot stop the prosecution from appealing but from the comprehensive reasons set out by the learned judge Bala Reddy, it appears that he had meted out a just, fair and proportionate sentence under the circumstances to Yang Yin."



 
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