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Two Chinese jailed 60 months for theft

CHARLES MUSONDA writes

TWO Chinese nationals have been sentenced to 60 months imprisonment for stealing K51, 477.00 from Stanbic Bank through fraudulent swiping.

Lusaka Chief Resident Magistrate Lameck Mwale yesterday jailed Lui Yaxiang and Xu Kaisong 24 months in the first count of stealing K11, 477, and 36 months in the second count of stealing K40, 000 after they admitted the charge.

The sentences will run concurrently meaning that the two convicts will only serve three years from the date of their arrest on October 7, 2019.

In sentencing the two, Mr. Mwale said he had taken into account detailed submissions in mitigation by defence lawyer Stephen Nyirongo, and the fact that the two are first offenders entitled to lenience.

“It is regrettable to note that cybercrimes are prevalent and there is serious need to put an end to the scourge. I have also taken judicial notice that Zambia is among the countries in the world affected by COVID-19 but this should not be used to keep bad elements in society.

“To deter would-be offenders, I sentence the convicts to 24 months imprisonment in count one and 36 months in count two. The convicts reserve the right to appeal within 14 days,” he said.

Facts before court were that between July 1, 2019 and October 1, 2019, Lui and Xu swiped an ATM card on a Stanbic Bank point of sale machine at Kanz Bar and Restaurant purporting to be buying beers for K11, 477.

Shortly after the transaction went through on the machine, they advised the business owner that they did not wish to proceed with the transaction and demanded a refund, which they got. 

After two days they went back to the bar where they told the owner Teddy Zulu that they had made a mistake of swiping for K63, 000, 310.70 instead of K11, 477 and demanded a refund of K51, 837.70.

Before they could get the refund Zulu was apprehended by the Drug Enforcement Commission (DEC) to help with investigations.

Further investigations revealed that between the same dates Lui and Xu connived with Cool Breeze Lodge to swipe an ATM card on a Stanbic Bank point of sale machine at the lodge purporting to be paying for a service worth K63, 944.08.

“Shortly after the transaction went through on the point of sale machine, the accused persons demanded a refund of K40, 000. They were refunded K40, 000 which they later shared with an employee of Cool Breeze Lodge.”

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