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R. v. Ly (Between Her Majesty the Queen, and Buu Buu Ly)

Petsa

2015

Buod

The Accused was employed by Bee-Clean Maintenance Inc. in Calgary, Alberta from July 8, 2002 to November 4, 2009. Between January 1, 2008 and June 30, 2009, the Accused, in his capacity as a Supervisor, he defrauded three of his subordinates by persuading them to pay various fees for 10 of their relatives and associates to come from China to Canada for employment at Bee-Clean. The victims gave the Accused a total of $38,200.00 together with lists of names of the proposed émigrés. The Accused called the proposed émigrés in China but he did not make the promised arrangements and none of the 10 relatives and associates came to Canada or were hired.

Pangalan ng Hukuman

Alberta Provincial Court

Mga Tala

The Accused pled guilty to three counts of fraud contrary to s.380(1)(a) of the Criminal Code on June 12, 2012, the first day of his scheduled trial.

the Accused gained access to his victims in his role as Supervisor at the company for which they all worked with the Accused. He would have known, based on his own immigrant experience, that the victims would be vulnerable to his suggestion that he could assist their relatives and associates in coming to Canada. He would also have known that they were not wealthy people. The Victim Impact Statements make it clear that, in giving the Accused their money, the victims placed their confidence in and relied on the Accused to do what he suggested he could do and thought he was telling the truth. They didn't question the Accused because he was their connection to Bee-Clean, the company with which the relatives and associates could obtain work. In this Court's view, the Accused was clearly in a position of trust toward the victims.

Kalakip

Mga Keyword

fraud

Geographical kaugnayan

Alberta

Wika

Ingles