Found guilty of attempting to fraudulently misappropriate funds of particularly large amounts of money by abusing the trust of the victims
By the verdict of the specialized Inter-District Court for criminal cases of Almaty dated July 30, 2019: C. previously not convicted, sentenced to imprisonment for 5 years under the third part of Article 24 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), paragraph 2) of the fourth part of Article 190, serving a sentence in a medium – safe institution of the criminal control system. By the verdict of the court, the victims S. were found guilty of attempting to fraudulently misappropriate the funds of particularly large amounts of money by abusing the trust of I. and A. By the decision of the judicial board for criminal cases of the Almaty City Court of October 4, 2019, the verdict of the court of first instance was canceled and a new appeal indictment was issued. By the verdict of the judicial board for criminal cases of the Almaty City Court of October 4, 2019, under Paragraph 2) of part four of Article 194 of the criminal code, S. was sentenced to 7 years of imprisonment, serving his sentence in a medium-safe institution of the criminal control system. The term of serving the sentence is calculated from November 20, 2018. In the case, 174,009 tenge of procedural losses were collected from S. and a forced payment to the Victims ' Compensation Fund in the amount of 20 monthly calculation indices-48,100 tenge. The issue of physical evidence is resolved in accordance with the procedure established by Article 118 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Procedure Code). By the verdict of the court of Appeal, S. was found guilty of extortion, that is, for threatening the dissemination of information that could cause significant harm to the interests of the victims, and for requiring them to provide a particularly large amount of money. In the protest of the Prosecutor General of the Republic of Kazakhstan, without challenging the evidence of the guilt of the convicted S., The Forces of the decision and sentence of the court of appeal against him are subject to cancellation due to the incorrect application of the criminal law, which led to the incorrect qualification of his actions, the conclusion of the court of Appeal that he threatened to disseminate information that could cause significant harm to the interests of the victims, , the court of first instance correctly qualified its criminal actions with the third part of Article 24 of the Criminal Code, paragraph 2) of part four of Article 190 of the Criminal Code for the purpose of misappropriation of other people's property, causing the victims a particularly large amount of damage and attempting to commit fraud, and canceled the powers of judicial acts of the appellate instance in this case, the court of first instance asked to leave the verdict unchanged.
Found guilty of attempting to fraudulently misappropriate funds of particularly large amounts of money by abusing the trust of the victims
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