MOTION TO THE SENIOR INVESTIGATOR FOR ATTACHMENT TO THE CASE MATERIALS AS PHYSICAL EVIDENCE

To the Senior Investigator of the Police Department 

under the Police Department of the Medeu District of the 

Department of Police of Almaty

Police Major D.K. Kabitova

from the defense counsel of the witness entitled to the right to defense

Boi Mi Tursungalievna – Attorney Nigmetov Sabit Davletovich

IIN 820125350700

Almaty, 79 Abylai Khan Avenue, Office 304

Tel. 87009785755

MOTION

A criminal case based on the statement of Koi A.T. against Boi M.T. regarding fraudulent actions is currently being investigated by the Police Department under the Police Department of the Medeu District of the Department of Police of Almaty.

During the questioning of the witness entitled to the right to defense, Boi M.T. gave testimony that the funds were received by her from Koi A.T. in the amount of KZT 12,000,000 as a loan, with interest, in July 2024.

The above is confirmed by a bank account statement of Boi M.T. from Kaspi Bank JSC for the period from 23 May 2024 to 24 May 2024.

Also, by the correspondence between Boi M.T. and Koi A.T. in the WhatsApp mobile application, according to which it is confirmed that Koi A.T. gave money to Boi M.T. as a loan with interest. Namely, on 14 April 2023 at 11:07, Koi A.T. writes: “You will write a receipt for 2 million,” and in response to the question: “How much will you give?”, Koi A.T. replies on the same day at 11:08: “1.” Thus, it is confirmed that Koi A.T. gives money only as a loan with interest.

Also, according to the testimony of Boi M.T., she returned to Koi A.T. money in the amount of approximately KZT 7,000,000, which is confirmed by Kaspi Gold receipts of Kaspi Bank JSC dated 18 September 2024 in the amount of KZT 40,000, dated 11 April 2025 in the amount of KZT 500,000, dated 30 May 2025 in the amount of KZT 500,000, dated 9 July 2025 in the amount of KZT 500,000, dated 18 July 2025 in the amount of KZT 40,000, dated 25 July 2025 in the amount of KZT 200,000, dated 2 August 2025 in the amount of KZT 300,000, dated 18 November 2025 in the amount of KZT 20,000, dated 10 December 2025 in the amount of KZT 20,000, dated 26 December 2025 in the amount of KZT 500,000, and dated 31 December 2025 in the amount of KZT 100,000.

Also, with the consent of Koi A.T., Boi M.T., towards repayment of the debt, on 18 September 2024 replenished the Kaspi Gold accounts of Kaspi Bank JSC of a woman named “Aizhan K.” in the amount of KZT 940,000, a man named “Yerlan S.” in the amount of KZT 900,000, and Koi A.T. herself in the amount of KZT 420,000, which is confirmed by photographs of Kaspi Gold receipts of Kaspi Bank JSC dated 18 September 2024.

Also, at the request of Koi A.T., Boi M.T. twice wrote receipts for receiving money in the amount of KZT 2,000,000, on 5 July 2024 and 22 August 2024, whereas no actual transfer of money took place.

Pursuant to Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigator is obliged to take all measures provided for by law for a comprehensive, complete and objective examination of the circumstances necessary and sufficient for the proper resolution of the case.

Pursuant to Article 70 of the Criminal Procedure Code of the Republic of Kazakhstan, the defense counsel has the right to file motions.

Pursuant to Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, a motion shall be considered and resolved immediately upon its submission. In cases where immediate decision-making on the motion is impossible, it shall be resolved no later than three days from the date of its submission.

Based on the foregoing, I REQUEST:

• to attach to the case materials as physical evidence the statement of the bank account of Boi M.T. with Kaspi Bank JSC for the period from 23 May 2024 to 24 May 2024;
• to attach to the case materials as physical evidence screenshots of the correspondence between Boi M.T. and Koi A.T. in the WhatsApp mobile application, where Koi A.T. requests a receipt for KZT 2,000,000 for providing a loan in the amount of KZT 1,000,000;
• to attach to the case materials as physical evidence the Kaspi Gold receipts of Kaspi Bank JSC dated 18 September 2024 in the amount of KZT 40,000, dated 11 April 2025 in the amount of KZT 500,000, dated 30 May 2025 in the amount of KZT 500,000, dated 9 July 2025 in the amount of KZT 500,000, dated 18 July 2025 in the amount of KZT 40,000, dated 25 July 2025 in the amount of KZT 200,000, dated 2 August 2025 in the amount of KZT 300,000, dated 18 November 2025 in the amount of KZT 20,000, dated 10 December 2025 in the amount of KZT 20,000, dated 26 December 2025 in the amount of KZT 500,000, and dated 31 December 2025 in the amount of KZT 100,000;
• to attach to the case materials as physical evidence screenshots of the correspondence between Boi M.T. and Koi A.T. in the WhatsApp mobile application, where Koi A.T. gives consent to the transfer of money towards repayment of the debt to a woman named “Aizhan K.” and a man named “Yerlan”;
• to attach to the case materials photographs of Kaspi Gold receipts of Kaspi Bank JSC dated 18 September 2024 for a woman named “Aizhan K.” in the amount of KZT 940,000, a man named “Yerlan S.” in the amount of KZT 900,000, and Koi A.T. in the amount of KZT 420,000;
• to attach copies of the receipts dated 5 July 2024 and 22 August 2024;
• to conduct an additional questioning of the victim, Koi Aisulu Tleuzhanovna, regarding the circumstances set out in the motion;
• to establish the identities of the woman named “Aizhan K.” and the man named “Yerlan S.” and question them regarding the circumstances of the case.

Attachments:

Statement of the bank account of Boi M.T. with Kaspi Bank JSC for the period from 23 May 2024 to 24 May 2024; screenshots of the correspondence between Boi M.T. and Koi A.T. in the WhatsApp mobile application, where Koi A.T. requests a receipt for KZT 2,000,000 for providing a loan in the amount of KZT 1,000,000 – 7 pages; Kaspi Gold receipts of Kaspi Bank JSC dated 18 September 2024 in the amount of KZT 40,000, dated 11 April 2025 in the amount of KZT 500,000, dated 30 May 2025 in the amount of KZT 500,000, dated 9 July 2025 in the amount of KZT 500,000, dated 18 July 2025 in the amount of KZT 40,000, dated 25 July 2025 in the amount of KZT 200,000, dated 2 August 2025 in the amount of KZT 300,000, dated 18 November 2025 in the amount of KZT 20,000, dated 10 December 2025 in the amount of KZT 20,000, dated 26 December 2025 in the amount of KZT 500,000, and dated 31 December 2025 in the amount of KZT 100,000; screenshots of the correspondence between Boi M.T. and Koi A.T. in the WhatsApp mobile application, where Koi A.T. gives consent to the transfer of money towards repayment of the debt to a woman named “Aizhan K.” and a man named “Yerlan” – 5 pages; photographs of Kaspi Gold receipts of Kaspi Bank JSC dated 18 September 2024 for a woman named “Aizhan K.” in the amount of KZT 940,000, a man named “Yerlan S.” in the amount of KZT 900,000, and Koi A.T. in the amount of KZT 420,000; copies of the receipts dated 5 July 2024 and 22 August 2024.

Defense Counsel S. Nigmetov

27 February 2026

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