Bangkok, 28 January 2020 – SEC has filed a criminal complaint against two former directors and executives of {X1} Public Company Limited and two supporters with the Economic Crime Suppression Division (ECSD) for committing malpractice by seeking benefits illegally from {X1}’s purchase of land and a seven-storey office building, which caused damage to the company.
The four persons under the criminal complaint were:
(1) {A}, then {X1} Vice President, Vice Executive President,
Chief Executive Officer and Managing Director, (2) {B}, then
{X1} Executive Director, Deputy Chief Executive Officer - General
Administration and Company Secretary, (3) {C}, and (4) {D}. The complaint was imposed on the ground of their
collaboration in committing malpractice that caused damage to {X1}.
In this regard, the four persons jointly
arranged for {X1} to buy a land and a seven-storey office building to be used
as {X1} new office at the price of 60 million baht from {C}. However, after
fact examination, it was found that there was a reasonable ground to believe
that the actual payment for the purchase of the land and the office building
was 40 million baht, and the remaining 20 million baht was used for the benefit
of {A} and {D}. Such demeanors were deemed seeking benefits for
oneself or other persons illegally.
The acts of such former directors and
executives of {X1} and their supporters above were liable to be the offenses
under Section 307, Section 311, Section 313
and Section 315 of the Securities and Exchange Act B.E.
2535 (1992) in conjunction with Section 83 and Section
86 of the Criminal Code, as the case may be. Therefore, SEC has filed a
criminal complaint against the said persons for ECSD to consider further legal
action. Concurrently, SEC has notified the legal action under the Securities
and Exchange Act to the Anti-money Laundering Office as the persons’ acts are
also a predicate offense under the Anti-money Laundering Act B.E. 2542
(1999), as amended.
In any case, filing a criminal complaint
commences the criminal justice administration process whereby the consideration
of whether any person is guilty is under the inquiry official’s investigation,
the public attorney’s prosecution, and the court’s jurisdiction, respectively.
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