The Supreme Court Orders Detention for Model and Secretary in Share Fraud Case
September 28, 2023 – Minburi Criminal Court, Sihaburanukit Road
The Supreme Court has issued a verdict in a share fraud case, resulting in the detention of Amy Maxim, a renowned model, for a period of 2 months. Furthermore, her secretary, Ms. Jariya Chantama, has been sentenced to 40 days of detention. The detention period will commence from September 26 onwards.
The case revolves around a fraudulent operation known as the “Baan Tor Ngern Pha Ruay Group,” which was established by Amy Maxim. The group invited individuals to join and engage in fraudulent activities, resulting in significant financial losses amounting to millions of baht. After the plaintiffs, led by Ms. Anusara Obsin and a group of 10 individuals, filed a lawsuit against Amy Maxim, she and her secretary became defendants number 1 and 2 in the case.
Initially, the Court of First Hearing dismissed the case, but the plaintiffs sought an appeal. Subsequently, the Court of Appeal sentenced Amy Maxim to 10 years and 8 months in prison, while her secretary received a sentence of 84 months and 40 days. Additionally, they were required to repay the victims for the damages incurred. Both defendants were released on bail while awaiting the outcome of their appeals.
Upon examining the consultation meeting documents, the Supreme Court identified Section 86 of the Criminal Code, which empowers them to punish the second defendant for fraud. The second defendant attempted to claim that her actions were in accordance with the orders of the first defendant, seeking to absolve herself from liability. Notably, the Supreme Court disagreed with this defense and appealed for a lighter punishment while the decision was pending.
During the trial, it was revealed that the second defendant had supported the fraudulent activities. The severity of the first defendant’s offense differed from the Court of Appeal’s ruling, leading the Supreme Court to exercise its discretion in imposing a penalty. Consequently, the second defendant’s appeal was partially heard.
As a result, the Supreme Court found the first defendant guilty of fraud under Section 341 of the Criminal Code and sentenced her to 3 months of imprisonment. The second defendant, on the other hand, was convicted of fraud under Section 341, along with Section 86, and received a 2-month prison sentence. It is worth mentioning that both defendants cooperated and provided valuable evidence, leading to a reduction in their sentences by a third.
Specifically, the first defendant will serve a 2-month prison term, while the second defendant’s detention will be 40 days. These sentences will be commuted to custody in accordance with Section 23 of the Criminal Code. The judgment aligns with the Court of Appeal’s decision.
The Supreme Court ordered ‘Amy Maxim’, a famous model, to be detained for 2 months in a share fraud case, while her secretary was also sentenced to 40 days, with the detention starting from September 26 onwards.
28 September 2023 – at Minburi Criminal Court Sihaburanukit Road The court was due to hear the Supreme Court’s judgment in the fraud sharing case. Ms Anusara Obsin and a group of 10 people joined as plaintiffs to file a lawsuit against Ms Amonwan. Sirikittirat or “Amy Maxim”, aged 37, a famous actress and model, and Ms Jariya Chantama, a personal secretary, are together defendants number 1 and 2 in the fraud case. Computer Crime Compensation Act
After the plaintiff sued, defendant no. 1 and defendant no. 2 were the caretakers of the members of the shared player group. “Baan Tor Ngern Pha Ruay Group” established by the first defendant with an announcement inviting many people to join together to play and share. and received damages worth tens of millions of baht In this case, the Court of First Hearing dismissed the case. The plaintiffs filed an appeal.
The Court of Appeal later sentenced the first defendant to a total of 10 years and 8 months in prison, while the second defendant was sentenced to 84 months and 40 days in prison and returned the money to the victim. Both defendants were released on bail and appeals were lodged.
The Supreme Court examined the documents from the consultation meeting and found that Section 86 of the Criminal Law for the offense of fraud under the Criminal Code, Section 341, where the Supreme Court has the power to punish the second defendant for that offense as well, the second defendant cannot claim that it is an act according to the wording of the first defendant’s Order to deny liability. According to the law in accordance with the appeal of the Supreme Court Regarding the second defendant, the Supreme Court appealed for a lighter punishment and waited for the decision. When imposing the prison sentence, it was discovered on hearing that the second defendant had committed the crime of being a supporter of the act. The first defendant’s offense of fraud is different from what the Court of Appeal ruled. Therefore it is a matter that the Supreme Court will use its discretion to impose a penalty for that crime on the second defendant to be appropriate to the Circumstances for committing further crimes The second defendant’s appeal was heard in part.
The Supreme Court therefore ruled that the first defendant was guilty of an offense in accordance with Section 341 of the Criminal Code and he was imprisoned for 3 months. The second defendant was convicted of an offense under Section 341 of the Criminal Code, together with Section 86, and was imprisoned for two months, The evidence of both defendants It is useful to consider. Reduce the penalty by a third
The first defendant will be jailed for 2 months The second defendant will be jailed for 40 days The prison sentence will be commuted to custody. According to the Criminal Code, Section 23, in addition to the amendment to comply with the judgment of the Court of Appeal.
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