Yang Yin jailed 6 years for misappropriating S$1.1 million from widow

SINGAPORE — Although former tour guide Yang Yin had preyed on a wealthy elderly widow and cheated her of her money, a district judge on Friday (Sept 30) noted that a “suitably calibrated sentence” need not be “crushing” to deter other like-minded individuals from committing similar offences.

Hence, Principal District Judge Bala Reddy sentenced Yang to six years’ jail for misappropriating S$1.1 million from Madam Chung Khin Chun, which was less than the 10 to 12 years’ imprisonment term that the prosecutors had pressed for.

On Thursday, in a separate case, Yang was sentenced to 26 months’ jail for 120 charges, which were mostly for falsifying receipts amounting to S$186,900 for his music and dance school to gain permanent residency in Singapore. 

The others were related to immigration and cheating offences, as well as breaches of the Companies Act.

Both sentences will run consecutively, which means that Yang, a 42-year-old Chinese national, faces a total jail term of eight years and two months.

In the case involving Mdm Chung, Yang was convicted on Aug 16 of two counts of criminal breach of trust for cheating the widow of S$500,000 and S$600,000 on separate occasions between February 2010 and January 2012.

His conviction came after 11 days of trial, which saw Yang changing his mind a few times between pleading guilty and disputing the two charges.

The court heard that in 2010, Mdm Chung, now 89, had entrusted S$500,000 to Yang to buy a painting titled Horse Drinking Water by renowned Chinese painter Xu Bei Hong, but he misappropriated the money.

To conceal his act, Yang procured a fake painting that was valued at around S$200, and a falsified receipt.

He also cheated Mdm Chung of S$600,000 in 2012. To hide what he did, Yang obtained two falsified receipts that reportedly showed he had bought five paintings for about  S$587,000. 

His defence lawyer Irving Choh had earlier asked for a sentence of not more than three years’ jail. Yang, he said, was not an “emotionally manipulative” person and that his offences were a “misguided attempt to lift a financial burden which was taking a toll on his family”.

In meting out the sentence, Principal District Judge Reddy said the jail term sought by the prosecutors would  be “particularly crushing” and “manifestly excessive”. 

Citing sentencing benchmarks from other similar cases, the judge noted that in one case, an advocate and solicitor who misappropriated S$3.4 million from his client was sentenced to 12 years’ jail. 

Similarly, a relationship manager who misappropriated S$6.4 million was given a six-year jail term after she was convicted of one count of criminal breach of trust as a servant.

The facts in Yang’s case, noted the judge, were less aggravating, and the amounts involved were smaller. 

While the court generally agreed with the aggravating factors pointed out by the prosecution, the judge said Yang’s conduct during the trial before he pleaded guilty was not one of them.

However, given that Yang’s guilty plea was entered at a late stage of a protracted trial, its mitigating value was largely diminished, he added.

In response to media queries on whether the prosecution intends to appeal, an Attorney-General’s Chambers spokesperson said: “The prosecution will study the full written grounds of decision before deciding on the next appropriate course of action.” 

Mr Choh said it is premature to say if Yang plans to appeal as he needs to meet with his client first.

Speaking to the media after the sentencing, Mdm Chung’s niece, Ms Hedy Mok, said she was “totally disappointed” with the “lenient” sentence. 

“He actually took away her (Mdm Chung’s) dignity. He didn’t do what he was supposed to do — look after her. He didn’t do that, he didn’t look into her welfare, and it’s totally disappointing.” 

“The message to the public now is to really, really look after the old, the vulnerable, the lonely because my aunt’s case shows what can happen,” Ms Mok added.