False Representation of Hotel Ownership to Induce a Sale of Bedding for a Non-Existent Hotel: Attempted Fraud
False Representation of Hotel Ownership to Induce a Sale of Bedding for a Non-Existent Hotel: Attempted Fraud
Mr. In approached Mr. Chan, a bedding merchant in Bangkok, and falsely represented that he was the owner of the “Lanna Thai Hotel” in Chiang Mai and wished to purchase bedding for the hotel. Relying on that representation, Mr. Chan met with him, negotiated the proposed transaction, and prepared a draft sale agreement for signature. Each time the agreement was presented, however, Mr. In avoided execution of the contract by giving excuses, including that the contract required revision and that the chief accountant had to be consulted first.
During this period, Mr. In also induced Mr. Chan to entertain him, pay for meals, and purchase various items for him. Mr. Chan ultimately spent approximately 3,000 baht, yet Mr. In still did not sign the agreement. Becoming suspicious, Mr. Chan made inquiries in Chiang Mai and discovered that no hotel by the name of “Lanna Thai Hotel” existed there. He then initiated criminal proceedings.
On these facts, Mr. In is criminally liable for attempted fraud under Thai criminal law. His conduct constituted a false representation of a material fact, namely ownership of a hotel that did not in fact exist, for the purpose of deceiving Mr. Chan and inducing him to part with property or otherwise act to his detriment. The deception had clearly progressed beyond mere preparation and had entered the stage of execution. However, the fraud was not carried through to completion because the falsehood was discovered before the intended transaction was fully consummated. Accordingly, the offense remains one of attempted fraud rather than completed fraud.