An Accra Circuit Court on Wednesday sentenced Mark Brown, a Real Estate Developer, to 36 months imprisonment in hard labour for defrauding by false pretence.
Mark, issued a United Bank for Africa (UBA) cheque with serial number 059244 and with a face value of GHc 121,250.00 on an account in the name of Gemini Consult to be paid into his account at GT Bank.
He was also charged for forgery and pleaded not guilty but was acquitted and discharged on that count.
The court presided over by Mr Aboagye Tandoh, however, found Mark guilty on the charge of defrauding by false pretence and sentenced him accordingly.
He is also to refund the money to UBA.
The court in sentencing said it took into consideration the plea for mitigation by the convict’s counsel, but was of the view that the convict demonstrated that he was a genius to outwit the banking system and make away with the said amount.
Earlier, the prosecution, Police Chief Inspector Kwabena Adu told the court that the complainant in the case is the Internal Auditor of the United Bank of Africa.
He said on August 12, 2008, the convict opened an account with the Bank’s branch at the Ring Road Central with particulars of a non-existing company known as Gemini Consult and was issued with a cheque book.
He said Mark after opening the account failed to keep it active until January 1, 2014, when he deposited GH¢ 10 into it.
He said on the same date, the convict issued a Cheque with serial No: 059244 in the name of Gemini Consult with the face value of GH¢ 121, 250.00 to the GT Bank for same to be paid into his personal account but UBA could not issue the pre-advice to GT Bank due to system failure.
The prosecution said on January 17, the same year, the system was restored and the pre-advice was accordingly sent to GT Bank not to honour the said Cheque issued by the accused person.
“But unfortunately, GT Bank had already paid the said amount into the personal account of the convict which he quickly withdrew,” he said.
Chief Inspector Adu said on February 11, the same year the complainant reported the matter to the police but the accused person went into hiding.
On June 17, 2015, a warrant was issued and information and photography of the accused was published in the Daily Graphic which led to his arrest on June 4, 2016.