A Malaysian national has been sentenced to six years and eight months’ imprisonment after pleading guilty to five offences under the Computer Misuse Act for his role in a coordinated cross-border ATM fraud scheme.
Thian Li Heng pleaded guilty before Magistrate Muhammad Qamarul Affyian Abdul Rahman on June 18 to five charges under Section 10 read with Section 3(1) of the Computer Misuse Act, punishable under Section 9 of the same Act. He was sentenced on July 1.
Investigations by the Cyber Crime Investigation Division of the Criminal Investigation Department, Royal Brunei Police Force, revealed that the defendant acted on the instructions of an unidentified individual based in Malaysia.
He collected debit cards in Brunei Darussalam before handing them to other individuals involved in the scheme. The cards were subsequently used to gain unauthorised access to automated teller machines (ATMs) and make unauthorised withdrawals from bank accounts, resulting in losses totalling BND8,480.
Investigators said records provided by the affected banks helped trace the unauthorised withdrawals and identify those involved in the operation.
In sentencing, the magistrate held that the defendant’s role was not merely incidental, finding that he played an essential part in facilitating the coordinated cross-border scheme by collecting and transferring the debit cards used in the unauthorised transactions.
Although the offences did not involve sophisticated technical methods, the court found they demonstrated a degree of sophistication through the coordinated roles performed by participants across national borders.
The magistrate also observed that the offences undermined public confidence in the security and proper use of electronic banking facilities, as legitimate banking instruments were diverted and misused for criminal purposes.
Given the defendant’s significant role in the completed scheme, the court held that the need for general deterrence carried considerable weight in determining the sentence.
Deputy Public Prosecutor Emily Goh appeared for the Public Prosecutor.