Unauthorized Payment and Joint Fraudulent Deception of a Bank
Mr. Somchai worked as an accountant for Thai Business Bank, Ms. . Sombai owed Mr. Somchai the sum of 200,000 baht, and therefore sought to utilize Mr. Sombai’s account. Mr. Sombai opened a daily current account at Thai Business Bank, depositing the sum of 200,000.00 baht into the account. He then placed a control card associated with the account, and the truth is that Mr. Sombai did not deposit the aforementioned sum into the account. Subsequently, Mr. Sombai signed a check ordering payment to Mr. Somchai, leaving blank the date and amount of 200,000.00 baht on the check. On February 2, 2546, Mr. Somchai deposited 200,000 baht into the check, into Thai Business Bank and Thai Business Bank believed it and paid the money to Mr. Sombai. Thus, Mr. Somchai and Mr. Sombai, what offenses or not?
Answer: The act of Mr. Somchai printing the sum of 200,000 baht into the account that he was in control of is within the scope of . Although the money was not actually deposited into the account, it was not the forgery of a document because it did not involve the forgery of any document. Mr. Somchai has no offense for forgery of documents, according to the Penal Code (2 points).
Furthermore, the act of Mr. Somchai printing the date, month, and amount of 200,000 baht on the check ordered by Mr. Sombai, was done by Mr. Sombai, the payee, who knew and intended to defraud Thai Business Bank alone, therefore it was not the filling of information in another person’s document, and it was not the forgery of a check, as it was a document of his own. Mr. Somchai is charged with jointly forging a document (to steal money) according to the Penal Code Section 264, and when the check was not an altered document, the act of Mr. Sombai withdrawing 266,83 (3 points) to draw money, Mr. Sombai is not charged with the offense of using a forged document (bill of exchange).
Regarding the act of Thai Business Bank paying the money according to the check, it is considered to have occurred due to the fact that Mr. Somchai and Mr. Sombai acted jointly and fraudulently to deceive the bank, making false statements that led to Mr. Sombai obtaining property, constituting the offense of jointly defrauding, according to the Penal Code Section 341, 8 (4 points).