Effective 10-year prison term for accountant
Peter Tyran Kohler (45), a former accountant at two building supply dealers who confessed to defrauding his employers of N$5.8 million, has been sentenced to 15 years in prison.
High Court Judge Christie Liebenberg conditionally suspended five years of the sentence.
Kohler was convicted after having pleaded guilty to 218 counts of fraud totalling to N$5.8 million.
He worked as accountant and store manager for the Pennypinchers Timbercity branches in Windhoek and Ongwediva and by way of manipulating the company's financial system, credited his own bank account with funds appropriated from the company's bank account.
“In some instances creditors of the accused were paid directly with company funds,” Judge Liebenberg said.
“The accused admitted that the crimes were not borne out by need but were driven by greed.”
Liebenberg said Kohler had abused a position of trust and was unable to make full restitution given the large amount involved. The enormity of the fraudulent transactions over a period of five years was another aggravating circumstance.
“Kohler's guilty plea, coupled with a genuine show of remorse, is a mitigating factor weighing heavily with the court which should lead to a significant reduction in sentence,” the judge stated.
He said white-collar crime had become more prevalent and the court was entitled to take judicial notice thereof and impose deterrent sentences.
Kohler is a first offender and is married with three children aged 13, eight and four. He sent his family to South Africa shortly after his arrest on 10 September 2015.
The judge stated that having listened to Kohler's honest submission in mitigation of sentence, there was no doubt he would probably live with constant guilt for the hardship he had caused those near and dear to him.
FRED GOEIEMAN
High Court Judge Christie Liebenberg conditionally suspended five years of the sentence.
Kohler was convicted after having pleaded guilty to 218 counts of fraud totalling to N$5.8 million.
He worked as accountant and store manager for the Pennypinchers Timbercity branches in Windhoek and Ongwediva and by way of manipulating the company's financial system, credited his own bank account with funds appropriated from the company's bank account.
“In some instances creditors of the accused were paid directly with company funds,” Judge Liebenberg said.
“The accused admitted that the crimes were not borne out by need but were driven by greed.”
Liebenberg said Kohler had abused a position of trust and was unable to make full restitution given the large amount involved. The enormity of the fraudulent transactions over a period of five years was another aggravating circumstance.
“Kohler's guilty plea, coupled with a genuine show of remorse, is a mitigating factor weighing heavily with the court which should lead to a significant reduction in sentence,” the judge stated.
He said white-collar crime had become more prevalent and the court was entitled to take judicial notice thereof and impose deterrent sentences.
Kohler is a first offender and is married with three children aged 13, eight and four. He sent his family to South Africa shortly after his arrest on 10 September 2015.
The judge stated that having listened to Kohler's honest submission in mitigation of sentence, there was no doubt he would probably live with constant guilt for the hardship he had caused those near and dear to him.
FRED GOEIEMAN
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