Judge Andrew Tinney told the County Court of Victoria on Monday 21 March that the 40-year-old permanent resident of Australia must spend two years and six months without parole.
He faced 20 fraud-related charges of obtaining money from people with the promise of remitting it to their families in Nepal and collecting debt, but not doing so.
The prosecution states stated that KC began offering remittance services to members of the Nepali community around 2014-15.
“You took advantage of the various victims’ ignorance of the Australian banking and financial systems and received this money for services you did not intend to provide,” Judge Tinney said during the virtual hearing.
You have admitted them all by your guilty pleas and there was recognition in your submissions of how serious this conduct was and how deeply this impacted upon these people who trusted you.
As stated by the prosecution, the money KC obtained from individuals on 20 different accounts ranged from $1,963 to $36,617.75, amounting to over $220,000 AUD in total.
After being arrested on 30th July 2020, KC admitted to some charges and had been in police custody ever since.
The prosecution stated that in most of these cases, the complainants did not meet KC in person and the discussion occurred by mobile phone in Nepali language.
The court heard that KC also advertised on Facebook to provide those services.
The Judge mentioned that KC’s conduct had created difficult situations for the victims, some of whom were international students unable to pay university fees, rent, or even eat properly.
“Some [victims] speak of the huge sum of money, lost their life savings essentially to you,” said Judge Tinney.
And another speaks of parents obtaining a loan to fund their son who was in need and adrift in Australia during the global pandemic - only to see those borrowed funds lost.
The Judge explained that while some victims suffered loss of homes, relationships and prospects, many have also lost faith in their fellow man.
The court mentioned that KC used a false name, valueless cheques and several excuses to put people off, which also included threatening them that they would not get their money back if they complained to the police or took legal action.
“You said - ‘Do what you want. I don’t care. I’m a permanent resident. They can’t hurt me.’,” the Judge told KC.
“One instance, even had you speaking to a victim's family in Nepal, setting their mind at rest in terms of the arrangement that was in place. You were highly culpable in this way.”
The Judge further mentioned that sometimes KC sent screenshots suggesting payments had been made and repaid small amounts to keep some victims at bay.
“You even had a practice of claiming that a person had been overpaid by one of your cheques – when of course they had been paid not one cent – but then requiring a further payment to clear what you said was now owing to you,” said Judge Tinney.
While SBS understands from the proceedings that a fraction of the money has been recovered, the Judge said that KC’s actions were serious, calculated criminal conduct.
“You preyed on these people, you relied on their trusting you," the Judge said.
It was disgraceful, serious criminal conduct. This sort of dishonest conduct must be strongly denounced, and I do denounce it. You should be ashamed of yourself.
The court heard that KC had no prior criminal history since his arrival in Australia in 2008.
He has spent 599 days in custody since his arrest in 2020 to the day of the hearing.
