On postponement of serving the sentence assigned in a criminal case

September 19, 2022 Case No. 3166-22-00-1/90 in the Shu District Court of Zhambyl region: presiding Judge M. M. Tleubekov, Secretary of the court session zh.a. Aidildayev, state prosecutor - Prosecutor G. O. Abueva, victims - N. B. Ka, zh.B. AA, K. K. Ra, R. T. sa, G. B. UA, A. K. Ka, A. B. At an open court session with the participation of RA, K. B. BA, R. B. ra, N. A. ZHA, a.m. EA, G. B. ca, A. S. AA, U. S. ta, EA, G. D. ea, zh.A. Aa, A. K. AA, defendant - A. A. Sha, additional defense lawyer G. zh.T., defense lawyer G. T. Sarzhanov considered a criminal case in a general manner, on which:

Anel Askarkyzy Sha, born on September 8, 1990 in Zhambyl region, Kazakh nationality, secondary education, legally married, unemployed, previously absent from the court, place of residence: Zhambyl region, Shu, N Street No. 2, Apartment 1, transferred to the court for committing a criminal offense provided for in Paragraph 2) of Part 4 of Article 190 and paragraphs 1,4) of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code,

A. A. Sha committed a criminal offense of a serious category against property in the following circumstances.

Episode 1. In August 2019, while working as a nail master in a vacant position at M Pawnshop LLC (hereinafter referred to as M Pawnshop LLC), the latter had a criminal idea aimed at fraud, that is, embezzlement or deception of other people's property in order to make a profit in an easy way, to make the acquisition of rights to other people's property in a particularly large amount and to borrow money, knowing that he will not return it.

He was looking for a person to trust in order to implement a game aimed at criminal offenses.

Then his acquaintance, the victim N. A. Zha, who works as the chef of the Aitosh kitchen in the Bakhtiyar market, went to him to fix his nails.

At the same time, he said that in order to bring to the end the game aimed at criminal offenses, the victim N. A. Collar said that there is an investment in gold in "M-Lombard" LLP, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and this case is done there, through A. R. Ordabayeva, who was not aware of this incident. The victim N. A., believing that A. A. Sha had a connection with the employees of the same LLP, because he was working in a vacant position at M-Lombard LLP. Ja, approximately in mid-August 2019, initially issued its savings in the amount of 1,764,000 tenge in cash to A. A. at the above-mentioned place of work.

Then, believing that A. A. Sha said and received a monthly percentage of the invested money, the victim borrowed money from relatives of N. A. Zha and, without notifying them, took it to the place of work of A. A. Sha, located at the address: Shu, Satpayev Street No. 215 in cash and, according to the latter, to the installation "Caspian gold", registered on the subscriber number of N. Kartabaeva 8-707-857-77-87, 13.07.2020 300,000 tenge, 119,000 tenge on 15.09.2020, 70,000 tenge on 27.01.2021, 150,000 tenge on 01.05.2021, 250,000 Tenge on 25.05.2021, 19.06.2021, 100,000 tenge, 08.09.2021, 238,000 tenge, 03.300,000 tenge on 11.2021, 410,000 tenge on 05.11.2021, 10.11.2021 1,000,000 tenge, 23.11.2021 2,000 tenge, 06.12.2021 993,000 tenge in total 3,932,000 tenge, money transfers and 10,921,000 tenge in cash at the above place of work. Thus, by his criminal actions, the victim N. A. Zhana caused property damage for a total amount of 16,617,000 tenge.

Episode 2. A. A. Sha, who worked with him as a hairdresser in October 2020.

In order to gain the trust of A. A., he said that "M-Lombard" LLP is investing in gold, and if he invests in it, he receives 15% of his money every month, after 1 year all the money invested will be returned, and this is done through a citizen named Aigul. Next, the victim E. A. Aa suspect B. A. He believed that SHA was working as a nail master in a vacant place next to M-Lombard LLP and said that he had connections with the employees of the same LLP, and on 24.10.2020 he borrowed 1,500,000 tenge from KMF bank in his name, adding 500,000 tenge to 2,000,000 tenge in cash on the same day. After that, the victim, having once received a monthly percentage of the money transferred to the Aa Aa, without thinking, from December 2020 to March 2022, in the above-mentioned place of work, gave 4,540,000 tenge in cash. Thus The B. A. By his criminal actions, Sha caused property damage to the victim E. A. Aa with a total value of 6,540,000 tenge.

Episode 3. A. A. Sha said that in April 2021, in order to gain the trust of the victim G. D. EA, m-Lombard LLP is investing in gold, and if he invests in it, he receives 12% of his money every month, after 1 year all the money invested will be returned, and he does this through a citizen named Aigul. However, after the victim G. D. EA fell ill and was being treated at the Shu City Hospital, A. A. Sha did not stop telling him to invest money again and again, on 28.04.2021, he collected 2,500,000 tenge for a house with his family, his mother-in-law I. "I don't know," she said. On 28.04.2021, the husband of the victim G. D. EA E. Asembayev and mother-in-law I. Usenova issued this money by cash receipt in front of R. ZHA in the kitchen "Aitosh", located inside the Bakhtiyar market, located on Satpayev street, Shu. Then the victim, G. D. EA, in February 2022, when asked how much the amount of money donated by A. A. Shadan was collected, said that it was 4,900,000 and continued to look for a house to buy for himself. The victim G. D. EA suspect A. A. Believing what Sha said, he began to look for a house in the city of Shu to buy for himself. In addition, in April 2022, the victim asked G. D. EA A. A. Sha to give her the money she had collected.  However, A. A. Sha again assured him that the course of the US dollar and the price of gold were rising. Thus, by his criminal actions, A. A. Sha caused property damage to the victim G. D. EA with a total value of 2,500,000 tenge.

Episode 4. A. A. Sha said that in May 2021, in order to gain the trust of an acquaintance of K. B. Ba, m-Lombard LLP is investing in gold, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and this is done through a citizen named Aigul. Further, the victim KB Ba suspect A. A. Believing what Sha said, he took a loan from the banks "Solvo", "Zhusan", "KMF" on 07.10.2021 480,000 tenge, 14.12.2021 500,000 tenge, 14.12.2021 240,000 tenge, 31.12.2021 379,000 tenge, 16.01.2022 10,000 tenge, 25,000 Tenge on 11.02.2022, 511,000 tenge on 15.02.2022, a total of 2,145,000 tenge, registered to the subscriber number of N. kartabayeva, mother of A. A. Sha, 8-707 857-77-87, transferred to the K. nurlukul named "Caspian gold" unit in use by A. A. Sha. After that, the victim KB Ba suspected AB. After receiving a monthly percentage of the money given to Sha, he believed him and, without thinking, went to the place of work of A. A. Sha and handed over the rest of the money and gold jewelry in cash in the amount of 3,655,000 tenge. Thus, by his own criminal actions, the victim KB price caused property damage totaling 5,800,000 tenge.

Episode 5. In May 2021, A. A. Sha asked for a total of 510,000 tenge of money, saying that he would return it at a monthly interest to gain the trust of the victim U. S. Ta, who works with him in a beauty salon in order to implement his game aimed at criminal offenses. In March 2022, 510,000 tenge of cash was issued by the victim, who believed in the statements of A. A. Sha, without any thoughts at the above place of work. Thus, by his criminal actions, A. A. Sha caused property damage to the victim U. S. TA for a total amount of 510,000 tenge.

Episode 6. A. A. Sha said that in August 2021, in order to gain the trust of the victim A. S. AA, "m-Lombard" LLP is investing in gold, and if he invests in it, he will receive 10% of his money, after 1 year all the money invested will be returned, and he will do this through a citizen named Aigul there. Further, the victim A. S. AA A. A. According to SHA, on 05.08.2021, he issued a loan of 500,000 tenge from the Caspian Bank and 500,000 tenge from the Home Credit Bank and 1,500,000 tenge with the addition of 500,000 tenge, which he already had, and on the same day he gave it in cash at the place of work of A. A. Sha. After that, the victim, having received the money given by A. S. A. to A. A. Sha once and believing that the money invested in April would be returned at 30% of the monthly amount, without thinking 01.11.2021, the mother of A. A. Sha received 650,000 tenge. Kartabayeva registered to the subscriber number 8-707-857-77-87, transferred to the K. Nurlukul named "Caspian Gold" unit and gave 164,000 money in cash at the above-mentioned place of work of A. A. Sha. Thus, by his criminal actions, A. A. Sha caused property damage to the victim A. S. AA with a total cost of 2,314,000 tenge.

Episode 7. A. A. Sha said that in mid-September 2021, in order to gain the trust of the victim zh.B. AA, who communicates as a friend and Family, m-Lombard LLP is investing in gold, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and he does this through A. R. Ordabayeva, who is not aware of the case there. Next, the victim zh.B. AA A.A. According to Sha, 50,000 tenge on 11.10.2021, 450,000 tenge on 12.10.2021, 1,000,000 tenge on 31.10.2022, 960,000 tenge on 26.02.2022, 200,000 tenge on 26.02.2022 and 380,000 tenge on 11.04.2022 for a total of 3,040 "I don't know," he said... "I don't know," he said, " but I don't know what to say." The victim zh. B. AA suspect a.a. 1,090,000 tenge was returned as an investment in gold, and 1,950,000 tenge was not returned. Thus, A. A. Sha, by his criminal actions, caused property damage to the victim zh.B. AA with a total value of 1,950,000 tenge.

Episode 8. A. A. Sha said that in October 2021, in order to gain the trust of his friend N. B. Ka, m Pawnshop LLP is investing in gold, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and he does this through a citizen named Aigul. The victim N. B. Ka, believing what A. A. Sha said, on 22.10.2021 borrowed 1,000,000 tenge of money from the KMF bank in his name and gave it to the latter in cash at the place of work of A. A. Sha.  Then, N. B. Ka A. A. He believed what Sha said, and on 25.10.2021 he borrowed 1,000,000 tenge from his mother, who also took it to the place of work and gave it in cash. In early November 2021, 200,000 tenge was given by the suspect A. A. Sha as 20 percent of the money invested by the victim N. B. Ka, so as not to find out. Then the victim N. B. Ka, who did not suspect the actions of A. A. Shaimerdenova, took loans from the "Caspian bank" on behalf of her and her husband B. K. and, according to A. A. Sha, registered part of the money at the subscriber number 8-707-857-77-87 of her mother N. Kartabayeva, K. Nurlukul transferred 883,000 tenge to the named installation "Caspian gold" on 02.02.2021, 300,000 tenge on 26.02.2022 on behalf of her husband B. K. and transferred 3,517,000 tenge to the latter's workplace in cash.  Thus, by his criminal actions, A. A. Sha caused property damage to the victim N. B. Ka with a total value of 6,500,000 tenge.

Episode 9. On December 5, 2021, A. A. Sha entered the trust at his place of work, that is, in order to gain the trust of A.M. EA, a floor cleaner in a beauty salon, said that in M - Lombard LLP there is an investment in gold, and if it is paid for it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and he does this through a citizen named Aigul. Further, the victim a.m. EA, believing what A. A. Sha said, on December 5, 2021 received a loan from the "Caspian bank" in his name in the amount of 500,000 tenge, and on the same day A. A. "I don't know," he said. After that, the victim a.m. EA, having received a monthly percentage of the money issued to A. A. Sha once, that is, 400,000 tenge, believed him and without any thoughts on 19.02.2022 issued a loan from the "Caspian bank" in his name of 500,000 tenge, went to the above-mentioned place of work of the suspect A. A. Sha and gave it in cash. Thus, the suspect A. A. Sha, by his criminal actions, caused property damage to the victim A. M. EA for a total amount of 600,000 tenge.

Episode 10. A. A. Sha said that on December 18, 2021, in order to gain the trust of the victim G. B. UA, who is a friend and family member, m-Lombard LLP is investing in gold, and if he invests in it, he receives 17% of his money every month, after 1 year all the money invested will be returned, and he does this through A. R. Ordabayeva, who is not aware of this case. Further, the victim, believing what G. B. UA A. Sha said, on December 21, 2021 received a loan of 1,000,000 tenge from the "Caspian Bank" and on the same day received a loan of 1,000,000 tenge. Registered in the name of Sha's mother, K. Nurlukul translated the name "Caspian gold" into the IIN through the terminal in the trading house "Gold Empire", located on ZH. Tyubekova street, Shu city.  After that, the victim, having once received a monthly percentage of the money donated by G. B. UA to A. A. Sha, believed him and, without thinking, on 27.02.2022, transferred 400,000 tenge to the K. Nurlukul named "Caspian Gold" unit, registered to the subscriber number 8-707-857-77-87 of A. A. Sha's mother N. Kartabayeva, and 240,000 tenge to the latter's Shu, Satpayev Street No. 215 "I don't know," he said. Thus, by his criminal actions, A. A. Sha caused property damage to the victim G. B. UA for a total amount of 1,640,000 tenge.

Episode 11. A. A. Sha said that at the end of December 2021, in order to gain the trust of his friend N. B. Ka's half-sister, the victim R. B. Ra, there is an investment in gold in M-Lombard LLP, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and he does this through a citizen named Aigul. Further, the victim R. B. Ra believed what A. A. Sha said and at the end of December 2021 received 1,000,000 tenge in cash at the place of work of A. A. Sha. After that, the victim R. B. After receiving a monthly percentage of the money that Ra gave to A. A. Sha, he believed it and without thinking registered to the subscriber number of N. Kartabayeva's mother N. A. Sha 8-707-857-77-87, K. Nurlukul transferred 950,000 tenge and 50,000 tenge to the named installation "Caspian gold" on 25.04.2022, 550,000 tenge on 18.04.2022 225,000 tenge was issued in cash at the place of work of the latter. Thus, by his criminal actions, A. A. Sha caused property damage to the victim R. B. Ra in the total amount of 2,775,000 tenge.

Episode 12. A. A. Sha said that in February 2022, in order to gain the trust of N. B. Ka's sister, the victim, A. B. Ra, was investing in gold in M-Lombard LLP, and that if he invested money, he would receive 20% of his money, after 1 year all the money invested would be returned, and he was doing this through A. R. Ordabayeva, who was not aware of this case there. Further, the victim A. B. Ra, believing what A. A. Sha said, in February 2022 borrowed 1,000,000 tenge of money from Halyk Bank on her behalf, and A. A. Sha's mother N.

Registered to kartabayeva's subscriber number 8-707-857-77-87, translated by K. Nurlukul into the named "Caspian Gold" unit.  After that, the victim once received a monthly percentage of the money donated by A. B. Ra to A. A. Sha, and without thinking about it, from February to April 2022, the mother of A. A. Sha transferred 1,350,000 tenge to the installation of "Caspian gold" by N. Kartabayeva. Thus, by his criminal actions, A. A. Sha caused property damage to the victim A. B. Ra in the total amount of 2,350,000 tenge.

Episode 13. A. A. Sha in February 2022, having learned that her friend zh.A. Aa came from Almaty, she went to the address of the latter under the pretext of asking about the state of the city. Further, during the conversation, A. A. Sha said that in order to gain the trust of his friend zh.A. Aa, "m-Lombard" LLP is investing in gold, and if he invests in it, he receives 20% of his money every month, and after 6 months all the money invested will be returned. The Victim J. A. Aa A. A. After Shamen grew up together as a child and lived in a hostel in Almaty, he believed him, took 1,000,000 tenge from his savings and gave them to A. A. Sha in cash at his address. In addition, A. A. Sha assured the victim, J. A. Aa, that the cost of investing in gold is rising in the price of gold and the US dollar, and now the money invested will come at 30 percent monthly. This deception was believed by the victim zh.A. Aa without any thoughts and gave his collected 1,500,000 tenge in cash to his father at the above address. Next, A. A. In March 2022, Sha issued 350,000 tenge as a percentage of the money invested by the victim zh.A. Aa. Thus, by his criminal actions, A. A. Sha caused property damage to the victim zh.A. Aa with a total value of 2,000,000 tenge.

Episode 14. On March 18, 2022, A. A. Sha said that in order to gain the trust of the victim R. T. SA, an acquaintance of M Pawnshop LLP is investing in gold, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and he does this through A. R. Ordabayeva, who is not aware of this. The victim R. T. sa, believing the statements of A. A. Sha, borrowed 1,000,000 tenge from his son-in-law M. Kushkimbai, and on 21.03.2022 received 990,000 tenge of money on behalf of the husband of the victim N. B. ka B. K., the suspect A. A. According to SHA, the mother of the latter transferred N. Kartabayeva to the installation "Caspian gold", which was registered on the subscriber number 8-707-857-77-87, and gave 10,000 tenge in cash at the place of work of the latter.  In order not to find out, the victim of the deception of A. A. Sha, R. T. SA, gave 200,000 tenge as 20.04.2022 on 20.04.2022 and assured the latter that if he invested this month, he would be returned at 30%. Hearing the words of A. A. Sha, the victim believed that R. T. SA received a percentage from the last for the first deposit, and in order to increase his money, A. A. He gave money in the amount of 800,000 tenge, which was in the House of SHA, in cash at his address: Shu, Akbura Street No. 16. Thus, by his criminal actions, A. A. Sha caused property damage to the victim R. T. SA with a total value of 1,600,000 tenge.

Episode 15. A. A. Sha said that in March 2022, in order to gain the trust of an acquaintance of A. K. Ka, m-Lombard LLP is investing in gold, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and he does this through A. R. Ordabayeva, who is not aware of this. Further, the victim A. K. Ka, believing what A. A. Sha said, on 24.03.2022 received a loan from the "Caspian bank" in his name in the amount of 800,000 tenge, and went to the place of work of A. A. Sha and issued it by cash receipt. After that, the victim A. K. Ka A. A. After receiving a monthly percentage of the money donated by Shaa once and believing that the money invested in April will be returned at 30% of the monthly amount, on 26.04.2022, he issued a loan in his name from KMF bank in the amount of 840,000 tenge, and on the same day he took it to the place of work of A. A. Shaa in cash. Thus, by his criminal actions, A. A. Sha caused property damage to the victim A. K. Ka with a total value of 1,640,000 tenge.

Episode 16. A. A. Sha said that in March 2022, in order to gain the trust of the victim G. B. OA, who repaired his nails, m-Lombard LLP is investing in gold, and if he invests in it, he will receive 20% of his money, after 1 year all the money invested will be returned, and he will do this through A. R. Ordabayeva, who is not aware of this case.

Further, the victim G. B. OA, believing what A. A. Sha said, received a loan in the amount of 1,000,000 tenge in her name from Home Credit Bank on 24.03.2022, and on the same day A. A. Sha with the participation of her husband E. T. O, Sh.Ospanbetova and A. Smagulova in cash at a trading place in the Central Market "Trade Service", located on Satpayev street, Shu. After that, the victim G. B. OA A. A. Assuming that receiving 300,000 tenge of monthly interest from the money issued by sha at a time and receiving the money deposited in April on a monthly basis would be refunded at 30 percent, on 04/20/2022, Caspian Bank issued a loan in its name in the amount of 1,000,000 tenge, and on 04/24/2022-8,707 to Sha AA's mother. Kartabaeva N.. registered to the subscriber number, made money transfers to the Caspian gold installation on 20.04.2022 for the 3rd time, that is, 500,000 tenge, 400,000 tenge and 100,000 tenge. Thus, A. A. Sha, with his criminal activity, became the victim of G. B. He caused property damage to the central bank with a total cost of 1,700,000 tenge.

Episode 17. On April 27, 2022, in order to gain the trust of the victim K. K. Ra, the latter went to the address: Shu, Altynsarin Street, 4th Turn 9, said that he was going to open a new beauty salon and get a chair for it, asked for money for it, and after opening the salon, he said that he would return it for a total amount of 1,500,000 tenge. Thus, by his criminal actions, A. A. Sha caused property damage to the victim K. K. Ra with a total value of 1,500,000 tenge.

Episode 18. A. A. Sha said that in early April 2022, in order to gain the trust of the victim A. K. AA, who works with him in a beauty salon, he will give 400,000 tenge of money, 20% will be returned monthly. On 05.04.2022, the victim A. K. AA, without thinking, transferred 400,000 tenge of money, which he had, to the installation "Caspian gold", registered on the subscriber number 8-707-857-77-87 by A. A. Sha's mother N. Kartabayeva. Then, without returning from the face of A. A. Sha, the victim A. K.

The Aada, knowing for sure that there is money, once again asked for 300,000 tenge, saying that it will be returned at 20% monthly. Believing his statement, the victim, AA A. K., without thinking, gave the money in the amount of 300,000 tenge to A. A. Sha about 10.04.2022 in cash at the place of work located at the address: Shu, Satpayev Street No. 215. After that, A. A. Sha assured that in order to abuse the trust of the victim A. K. AA, he will build a new beauty salon and give each master a separate room, he will take a loan of 500,000 tenge in his name and pay it himself every month.

According to him, the victim A. K. AA believed that on 10.04.2022 he received 500,000 tenge of money from the "Caspian bank" in his name and gave it to A. A. Sha in cash at the above place of work. Thus, A. A. Sha, by his criminal actions, caused property damage to the victim A. K. AA with a total value of 1,148,000 tenge.

At the main trial, the defendant A. A. Sha, having fully admitted his guilt on the charges, sincerely repented of the crime, asked for a non-custodial sentence against him, gave the following testimony: he worked as a nail master in a room located next to M-Lombard LLP in the land of the furniture store "Nursultan", located on Satpayev street, Shu.

Before that, he worked as a hairdresser in one of the kiosks in the Bakhtiyar market. In the period from 2019 to 2022, the victims were N. B. Ka, J. B. AA, K. K. Ra, R. T. sa, G. B. UA, A. K. Ka, A. B. Ra, K. B. Ba, N. A. Zha, A. M. EA, G. B. OA, A. S. AA, U. S Ta, E. A. Aa, G. D. EA, zh.A. A., A. K. A. told A. A. That "m-Lombard" LLP is investing in gold, and if it invests in it, it receives 20-30% of its money every month, after 1 year all the money invested will be returned, and A. R., who was not familiar with this case, was there.  "I don't know," he said. As a result, the victim received 6,500,000 Tenge from N. B. Kadan, returned 2,000,000 tenge, 4,500,000 tenge, 1,950,000 Tenge from A. B. AA, returned 500,000 tenge, 1,450,000 tenge, 1,600,000 Tenge from R. T. Sadan, returned 500,000 tenge, returned 1,100,000 tenge, G. B. Uadan received 1,640,000 tenge, returned 500,000 tenge, 1,140,000 tenge, A. K. Kadan received 1,640,000 tenge, returned 1,000,000 tenge, 640,000 tenge, A. B. Radan received 2,350,000 Tenge, G. B. Badan received 5,800,000 tenge, returned 500,000 tenge, received 5,300,000 tenge, R. B. Radan received 2,775,000 tenge, returned 600,000 tenge, received 2,175,000 tenge, N. A. Zhadan received 16,617,000 tenge, returned 9,117,000 tenge, returned 7,500,000 tenge, a.m. Eadan 600 000 tenge, 500,000 returned, 100,000 tenge, 1,700,000 tenge from G. B. oadan, 700,000 tenge returned, 1,000,000 tenge, 2,314,000 tenge from A. S. A., 664,000 tenge returned, 1,650,000 tenge, 510,000 Tenge from U.S. tadan G. D. 2,500,000 tenge from EA, 600,000 tenge returned, 1,900,000 tenge from zh.A. Aa, 2,000,000 Tenge from zh.A. Aa, 600,000 tenge returned, 1,400,000 tenge, 2,000,000 Tenge from A. K. A., 1,600,000 tenge returned, 400,000 tenge from EA, 6,540 Tenge from EA 000 tenge, 3,740,000 tenge was returned, 2,800,000 tenge was taken and caused property damage

(file 3166-22 00-1 / 90_2022-09-06_1500.docx, response time 16:09:13 16:28:16).

In addition to the full recognition of his guilt by the defendant A. A. Sha, his criminal actions are fully substantiated by the documents collected during the pre-trial investigation and studied and discussed at the main trial.

In particular, at the main trial, the victims responded: N. B. Ka accused A. A. Sha deceived him, that is, in the "M-Pawnshop" there is an investment in gold, and if you invest money in it, it will be returned at 20 percent monthly, taking possession of 6,500,000 tenge, returning 2,000,000 tenge, 4,500,000 tenge, zh.B. AA accused A. A. Sha deceived him and 1,950,000 tenge "I don't know," he said, " but I don't know what you're talking about, and I don't know what you're talking about." UA received 1,640,000 tenge, returned 500,000 tenge, received 1,140,000 tenge, AK Ka received 1,640,000 tenge, returned 1,000,000 tenge, returned 640,000 tenge, AB Ra received 2,350,000 tenge, GB Ba received 5,800,000 tenge, returned 500,000 tenge, returned 5,300,000 tenge 2,775,000 tenge, R. B. ra received a refund of 600,000 tenge, 2,175,000 Tenge, N. A. ZHA received 16,617,000 tenge, 9,117,000 tenge was returned, 7,500,000 Tenge, a.m. EA received 600,000 Tenge, 500,000 returned, 100,000 tenge, G. B. The CA received 1,700,000 tenge, returned 700,000 tenge, returned 1,000,000 tenge, AA A. S. received 2,314,000 tenge, returned 664,000 tenge, received 1,650,000 tenge, U. S. Ta 510,000 tenge, G. D. EA received 2,500,000 tenge, returned 600,000 tenge, 1,900,000 tenge, zh.a. AA received 2,000,000 tenge, 600,000 tenge was returned, 1,400,000 tenge, A. K. AA received 2,000,000 tenge, 1,600,000 tenge was returned, 400,000 tenge, EA AA gave evidence, stating that he had received 6,540,000 tenge, returned 3,740,000 tenge, and did not return 2,800,000 tenge. At the trial, the victim K. K. Ra went home at about 19:00 on April 27, 2022 to his daughter's girlfriend A. A.

That Sha came, that he borrowed money from him from time to time and gave it to him at the specified time. On the same day, when A. A. Sha came home, he said that he owed him 1,500,000 tenge, that is, he was opening a new beauty salon, and he said that he would buy a chair for it. That he was given 1,500,000 tenge without any thoughts or receipts.

On the same day, A. B. Radan testified that he heard that A. A. Sha deceived the residents of the city of Shu, fraudulently took their money and did not return it, and together with them he applied to the Shu District Police Department. Also, the defendant A. A. Sha said that he partially compensated for the property damage caused to him, at the moment he has forgiven him, and asked for a light punishment (file 3166-22-00-1/90_2022-09-06_1500.docx, response time 15:52:37-15:54:54).

As it was indisputable in court, the defendant A. A. Sha used only one method of obtaining money from the victims, that is, he told the victims that they were investing in gold and deceived them by taking borrowed money and not returning it.

In addition, the accusation against the defendant A. A. Sha found its evidence with the following indisputable evidence developed in court:

with the protocol of withdrawal for credit and money circulation from the victim N. B. Kadan (pages 1 of the case 25-32);

with the protocol of withdrawal for credit and money circulation from the victim J. B. AA (pages 51-55 of the case of Package 1);

with the protocol of withdrawal from the victim G. B. UA for credit and money circulation (pages 1 of the case 135-138);

with the protocol of withdrawal for credit and money circulation from the victim A. K. Kadan (pages 1 of the case 158-161);

with the protocol of withdrawal for credit and money circulation from the victim A. B. Ra (pages 2 of the case 12-17);

with the protocol of withdrawal of credit and money from the victim K. B. Badan (pages 2 of the case 48-65);

with the protocol of withdrawal for credit and money circulation from the victim R. B. Ra (pages 2 of the case 85-96);

with the protocol of withdrawal from the victim's family for credit and money circulation (pages 128-151 of the case of Package 2);

with the protocol of withdrawal for credit and money circulation from the victim a.m. EA (pages 2 of the case 170-174);

with the protocol of withdrawal from the victim G. B. OA for credit and money circulation (case Page 3 of 25);

witness E. T. Otan with the protocol of interrogation (package 3, pages 47-49);

the protocol of interrogation of the witness Sh. Ospanbekova (3 pages 52-54); the protocol of receiving credit and money from the victim A. S. AA (3 pages of the case 71 82); the protocol of receiving credit and money from the victim E. A. Aa (3 pages of the case 112-131);

the protocol of interrogation of the witness A. R. Ordabaeva (pp. 4 66-72); the protocol of the confrontation between the victim A. S. AA and A. A. Sha (pp. 4 148-155);

protocol of interrogation of the witness N. Kartabayeva (pp. 4, pp. 157-161);

with the protocol of interrogation of the witness S. Ta (pp. 4, pp. 164-170);

with the protocol of interrogation of the witness R. zhy (pp. 6, pp. 105-107);

protocol of interrogation of the Witness B. Tulegenova (pp. 7, pp. 100-106);

the protocol of the confrontation between the victim A. B. Ra and A. A. Sha (pp. 6, pp. 59-62);

the protocol of the confrontation between the victim a.m. EA and A. A. Sha (pages 5 of the case 152-156);

the protocol of the confrontation between the victim and the victim (pp. 5, pp. 157-164);

with the protocol of the confrontation between the victim R. B. Ra and A. A. Sha (pp. 5, pp. 165-171);

the protocol of the confrontation between the victim A. K. Ka and A. A. Sha (pp. 5, pp. 172-177);

the protocol of the confrontation between the victim R. T. SA and A. A. Sha (package 6 pages 1-6);

with the protocol of the confrontation between the victim G. B. UA and A. A. Sha (pp. 6, pp. 7-13);

the protocol of the confrontation between the victim N. B. Ka and A. A. Sha (package 6 pages 14-21);

the protocol of the confrontation between the victim and the victim (pp. 6, pp. 22-26);

with the protocol of the confrontation between the victim K. B. BA and A. A. Sha (package 6, pages 27-33);

with the protocol of the confrontation between the victim G. D. EA and A. A. Sha (pp. 6, pp. 34-40);

the protocol of the confrontation between the victim E. A. Aa and A. A. Sha (pp. 6, pp. 41-46);

with the protocol of the confrontation between the victim G. B. OA and A. A. Sha (pp. 6, pp. 47-53);

the protocol of the confrontation between the victim and the victim (pp. 6, pp. 54-58);

with the protocol of the confrontation between the victim K. K. Ra and A. A. Sha (pp. 6, pp. 59-62);

with the protocol of withdrawal from the victim A. K. AA for credit and money circulation (pages 7 of the case 57-60);

the protocol of receiving information on receiving money transfers from the victim K. B. Badan, conversations via the Internet Network "Vatsap", copies of receipts and audio recordings to the "DVD" disc (page 6 of 74); the protocol of receiving from the victim G. D. EA via the Internet network "Vatsap", copies of receipts and video recordings to the "DVD" disc (page 6 of 90-95);

the protocol of receipt of copies of the receipt from the victim A. K. Kadan (package 6, pages 74).

Having listened to the opinions of the defendant, the public prosecutor, the defense attorney, evaluating each evidence in the case from the point of view of relevance, admissibility, correctness, and the adequacy of all the collected evidence to resolve the criminal case, the court considers that the guilt of the defendant on the charge against the defendant A. A. sha is fully established and proven.

However, the court, at the place of preliminary investigation, considers that the defendant A. A. sha is subject to removal from his charge in connection with the excess of the charge brought by paragraphs 1,4) of Part 3 of Article 190 of the criminal code, because Part 4 of Article 190 of the criminal code includes the actions provided for in the first, second and third parts of this article, and the criminal case was considered within the framework of the charge.

In this regard, the court concluded that the criminal actions of the defendant A. A. Sha were ultimately correctly differentiated by Paragraph 2) of Part 4 of Article 190 of the criminal code, as he repeatedly committed the acquisition of rights to other people's property by fraud, that is, deception and abuse of trust in large and especially large quantities.

When imposing a penalty on a defendant, the court, taking into account articles 52,53,54 of the Criminal Code, guided by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated June 25, 2015 No. 4 “on some issues of imposing a criminal penalty”, takes into account the nature and degree of public danger of the criminal offense committed by him, his personality, as well as his behavior before and after committing a criminal offense, mitigating and aggravating circumstances of liability and punishment, as well as the consequences of the imposed penalty on his correction.

Circumstances aggravating the liability and punishment provided for in Article 54 of the criminal code, the court did not find in the actions of the defendant A. A. Sha.

Court, the defendant's name provided for in Article 53 of the Criminal Code. According to the circumstances mitigating the responsibility and punishment of SHA, the court, the first time committed a criminal offense, sincerely repented of it, fully admitted guilt, characterized from the place of residence in a positive and pleasant way, that she was a woman, had three young minor children, the victims forgave her, partially compensated the property damage caused to the victims, the full compensation of the amount of, finds his behavior before and after the commission of a crime, responsibility and punishment as mitigating circumstances.

According to Part 2 of Article 39 of the criminal code, punishment is applied in order to restore social justice, as well as to correct the convicted person and prevent the commission of new criminal offenses by both the convicted person and other persons.

The court, when imposing a penalty against the defendant A. A. Sha, on the basis of the above circumstances and evaluating the information provided to the personality of the defendant, considers it correct and fair to impose the minimum penalty in the form of imprisonment on the charges against him, taking into account the opinions of the victims about the imposition of a punishment that does not deprive him of freedom, since this type of punishment is fair and contributes to its correction, as well as prevents other persons from committing new criminal offenses.

Therefore, in accordance with paragraph 2) of Part 5 of Article 46 of the criminal code, the serving of the sentence of imprisonment of the defendant A. A. Sha should be appointed in moderately safe institutions of the Penal correction system.

But the court, in accordance with Part 1 of Article 74 of the criminal code, considers it correct to postpone the serving of the sentence for a period of 5 (five) years due to the presence of a young daughter-zh.zh., born on 16.03.2020.

According to Paragraph 20 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated June 25, 2015 No. 4 "on some issues of imposing criminal penalties", it may be imposed only in cases where confiscation of property is provided as an additional punishment in the sanction of an article of the Criminal Code, which found the defendant guilty.

Property subject to confiscation must be clearly indicated in the resolution part of the sentence. Confiscation may be applied only to property owned by a convicted person and (or) third parties, illegally discovered or sold for funds illegally discovered, as well as property that is a weapon or means of committing a criminal offense.

It should be borne in mind that the attribution of property to the subject of confiscation is a circumstance that must be proved in accordance with the provisions of part three of Article 113 of the CPC.

In this regard, when resolving the issue of confiscation of property, including property issued to third parties, the courts must check the evidence that testifies to the origin of this property and the funds from which the property was sold.

If the case does not contain information about the criminal nature of the origin of the property or the property is not established at all, confiscation of property is not appointed, including under the articles of the special part of the Criminal Code, which provides for the mandatory appointment of this type of additional punishment.

In this case, the application of Article 55 of the criminal code is not required.

The decision of the court to confiscate property must be motivated in all cases, referring to the presence or absence of grounds provided for in Article 48 of the criminal code in the sentence.

Part 4 of Article 190 of the criminal code in which the defendant is accused of A. A. Sha provides for the confiscation of the convicted person's property as an additional punishment.

During the pre-trial investigation, the property of the defendant A. A. Sha, which is a weapon or means of committing a criminal offense, which is in the property of the defendant A. A. Sha, found illegally or sold for funds found illegally.

In this regard, the non-determination of the property of the defendant A. A. Sha, found by criminal means or acquired with the funds found by criminal means, is the basis for not imposing an additional penalty of confiscation of property on him.

In addition, the court finds it correct not to apply Article 50 of the criminal code in respect of which the defendant A. A. Sha was not in any civil service at the time of committing a criminal offense.

In accordance with paragraph 2) of Part 3 of Article 62 of the criminal code, the time of detention of the defendant A. A. Sha in custody from May 24, 2022 before the entry into force of the sentence should be counted as one day and a half of serving a sentence in the form of imprisonment.

In addition, the court accepted the refusal of civil plaintiffs from claims for the recovery of material damage from the civil defendant A. A. Shadan, and by a separate decision of September 19, 2022, the proceedings on it were terminated.

The fate of material evidence in the case is subject to decision on the basis of Paragraph 4) of Part 3 of Article 118 of the criminal code.

In accordance with the requirements of articles 177-178 of the CPC, there were no procedural costs to be collected from the defendant to the state revenue.

At the same time, the forced payment of the defendant A. A. Shadan is subject to recovery, since in accordance with article 98-1 of the criminal code, in order to protect the rights and legitimate interests of victims, a forced payment in the form of a fixed monetary amount established by Article 98-2 of this code is collected by the court in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan on the "compensation fund for victims".

Since the criminal offense of the defendant A. A. Sha belongs to the category of serious crimes, a forced payment to the Victims ' Compensation Fund in the amount of 20 (twenty) monthly calculation indices is subject to recovery. The CPC 387-390, 393, 395-398, 401, 402-"I don't know," he said.,

Sentenced: Sha A. A. to be found guilty by Paragraph 2) of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and to impose a sentence of deprivation of liberty under this article for a period of 5 (five) years.

To establish a sentence for serving a sentence in a medium-safe institution of the Penal correction system.  In accordance with Part 1 of Article 74 of the Criminal Code, to postpone the serving of the sentence assigned to the convicted person for a period of 5 (five) years.

To amend the preventive measure in the form of "detention under guard" against the convicted person, immediately release him from custody from the courtroom, apply a preventive measure in the form of a "certificate of absence and proper behavior" until the sentence comes into force against him, after the sentence comes into force, cancel this preventive measure.

Assign control over the procedure of convicted persons to the Department of the Probation Service at the place of residence.

Explain to the convicted person the obligation to appear for registration with the Probation Service at the place of residence within ten days after the entry into force of the sentence.

In accordance with paragraph 2) of Part 3 of Article 62 of the criminal code, the time of detention of convicted Anel Askarovna Sha in custody from May 24, 2022 before the entry into force of the sentence shall be counted as one day and a half of serving a sentence in the form of imprisonment.

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