Illegal organization of gambling business without a license, conducting gambling
By the verdict of the specialized interdistrict criminal Court of the city of Nur-Sultan dated March 10, 2020: A., who had no previous criminal record, was sentenced under paragraph 2) of part 3 of Article 307 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 4 years in prison to serve his sentence in an institution of the medium–security penal system. The time of his detention from October 1, 2018, until the court's verdict entered into force, calculated at one day per one and a half days of serving his sentence in the form of imprisonment, is counted in the term of punishment. Collected from A. illegally obtained income in the amount of 18,658,742 tenge was transferred to the state revenue. By the verdict of the court, A. was found guilty of illegally opening and illegally organizing activities in the field of gambling, carrying out activities in the field of gambling without a license, conducting gambling outside the places established by the legislation of the Republic of Kazakhstan on gambling by a group of persons by prior agreement, with the extraction of income on a particularly large scale. By the decision of the Judicial Board for criminal cases of the Nur-Sultan City Court dated May 14, 2020, the verdict was left unchanged. In the petition, convicted A., disagreeing with the judicial acts, considers them illegal and unfounded in connection with the improper application of the criminal law, indicates that the actual circumstances of the case do not correspond to the conclusions of the court, the norms of the criminal procedural law were violated, evidence was collected in violation, he had no intention of committing a criminal offense, including no preliminary investigation. collusion. He asks to cancel judicial acts and acquit him for the lack of corpus delicti in his actions. The court's conclusions on the evidence of A.'s guilt the charges of committing the act charged against him under the circumstances set out in the verdict are based on evidence objectively examined and properly evaluated at the court session and correspond to the actual circumstances of the case. The convicted A. pleaded not guilty in court and testified that in 2013 he was convicted of organizing a gambling business to a fine, which he paid. After that, he did not violate the law, engaged in entrepreneurial activities for the sale of children's attractions, as well as the delivery of cash terminals. He has two card accounts, which received various amounts of money from his companions, including from an acquaintance named "Kairat", whose personal data he does not remember. E. has known the convict since 2009, and met the others during the investigation.
Illegal organization of gambling business without a license, conducting gambling
Despite A.'s denial of his guilt, his guilt in what he had done is confirmed by the testimony of convicted E., D., K., acquitted I., B., E., witnesses R., G., Z., D., Y., U., V., N., S., A., I., R., O., T. and others, the testimony of which is given in detail in the verdict, as well as other case materials: protocols of the inspection of the scene, expert opinions, the conclusion of the forensic examination, the results of secret investigative actions (NSD), the protocol of the inspection of the telephone. So, the convict E. testified that he worked at the Royal Vip gaming club at D.'s, where K. and I. also worked. During the arrest, police officers threatened him and asked him to identify M. as the organizer of the illegal gambling business. He agreed to cooperate and pointed to J., whose contact phone number was on his mobile phone, and was his boss, the head of the gambling business. When questioned as a suspect, he testified that he worked in gambling establishments in the city of Nur-Sultan owned by M. (Zh.). In December 2017, while working at the Yesil shopping center, I met with M. and asked him to get a job, after which M. He sent him to the Royal Bingo Club, where he met D., who was informed in advance of his arrival. I started working in this club as an administrator. During his time at Royal, he saw M. talking to D. In his contacts and correspondence, he referred to M. as his "boss". In the city, three gambling establishments located on Manasa St., Momyshuly Ave. and Kenesary St., 45, belonged to A. When technical problems related to the equipment were discovered, he reported to R. The convicted K. testified that in 2017 she worked as a cashier at the Bingo-37 club on Momyshuly Ave. Before that, she worked in Aktobe, where IP Kanapina was registered. Terminals with Keno, Bingo 37, and other games were installed in the room. B. worked for her as a cashier. She borrowed money from D. to purchase equipment, then decided to return to Astana, sold the terminals, and transferred some of the money to A.'s account at D.'s request. Then she got a job at the Bingo 37 club in Astana and then at Royal Vip. She was hired by D. The convicted D. testified that in 2012 she met a young man named "Kairat", who offered her a joint gambling business and opened a bookmaker's office. She agreed and registered "A". At that time, she did not have a license to engage in gambling. I am familiar with K., who initially worked in Aktobe, then returned to Astana and opened a bookmaker's office here. E. did an internship with her.
Witness R. provided them with services in case of malfunction of the gaming equipment. At the request of Kairat, she and her employees transferred money to A.'s accounts. Lottery draws were held in her establishments. The acquitted I. testified that she worked at the round-the-clock betting shop "Royal". D. was hired, and she received her salary in cash. At M.'s request, she sent money transfers to A.'s account. She saw E. at work several times. Witness R. testified that he had known Ye since 2017, who offered him a job servicing the complex. He received his salary from K. His duties included troubleshooting, hardware support was provided in three institutions. I don't know A. personally, but I saw him at an institution located on B. Momyshuly Ave. I heard how the staff of the institution addressed A. by name, and called him the boss behind his back. Witness G. testified that he knew A., who had called him on the ad, and he had consulted him on computers. He sold A. about six monitors. I also know R., who was involved in the technical part of Bingo entertainment equipment. Witness S. She showed that she worked as an operator at IP Alan, where her duties included replenishing the balance in the gaming account. She explained the algorithm of the game to the players, while explaining that they should approach her with money before starting the game. After adding it to the balance, the players started the game. The money from the games was always withdrawn from the cash register by D. Witness Y. testified that he came several times to the premises located at B. Momyshuly's address, where he played roulette. Similar statements were given by witnesses U., V., Ts., G., B., Sh., M. and others. The witnesses M., T. and B. They showed that they had been involved in this case as specialists and had given conclusions. The conclusion was made on the basis of comparison and similarity, and on visual aspects, while being guided by the Law "On Gambling" and relevant literature. According to the conclusions of experts, the gaming products presented for the study perform the functions of an electronic casino for gambling with the issuance of cash winnings. Hardware and software complexes provide cash in the form of winnings and cannot be lottery equipment. According to the conclusion of the forensic examination No. 1727, the functionality of the hardware and software complexes is identical in visual aspects, as well as with the rules and principles of the roulette gambling game in a casino.
Witness O. testified that during the pre-trial investigation, D.'s e-mail was opened, where a journal was found in which the cash flow was recorded. Based on this, it was established in the People's Bank that two accounts were opened in the name of A., which are related to this case. Thus, from the information provided by the second–tier banks on the cash flow for the period from January 01, 2015 to November 30, 2018, A.'s accounts received funds from D., K., B., S. and N., who worked in gambling clubs. Proof of A.'s guilt. There are also correspondence data between E., A. and R., found in E.'s mobile phone, the contents of which were investigated in the court of first instance. Thus, based on the assessment of the available evidence, the court correctly qualified A.'s actions under paragraph 2) of part 3 of Article 307 of the Criminal Code. The punishment imposed on A. is in accordance with the requirements of Article 52 of the Criminal Code, proportionate to the deed, taking into account the degree of public danger of the crime committed, the personality of the convicted person, as well as circumstances mitigating his criminal responsibility, is fair. All the evidence in the case was collected in compliance with the requirements of the law and in accordance with article 125 of the Criminal Procedure Code of the Republic of Kazakhstan, the court gave them a correct assessment in terms of their admissibility and reliability. The case has been fully investigated, and there have been no significant violations of substantive and procedural laws that entail the cancellation or amendment of judicial acts in the case. The board has no doubts about the legality and validity of judicial acts. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court left the judicial acts of the local courts unchanged. The petition of convict A. was dismissed.
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