The position of the defendant in the criminal case
Judge of the Auezovsky District Court of Almaty R. N. Ashkeeva
Almaty, Kuanyshbayev STR. 44-a, microdistrict "2".
8 (727) 333-11-99, 8 (727)333-12-03
Defendant: D. K.
Rdan
IIN 961220401499
Defender: Sarzhanov Galymzhan Turlybekovich
Legal office" law and law"
Bin 201240021767
050002, Almaty, Almaly district, abylai Khana Ave., 79/71, office 304.
info@zakonpravo.kz
www.zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 971 78 58.
190, paragraphs 1, 4 of the Criminal Code of the
Russian Federation, in criminal case No. 247540031001166,
my position
A respectful court!!! Criminal case No. 7513-24-00-1/694 referred to in paragraphs 1,4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan is being considered in your proceedings.
I fully agree and support the charges against me and the investigator's indictment of December 12, 2024.
As for the event, time, place of the criminal offense, its method, cause, consequences, damage, in 2022 I met a guy named Nursultan, for his part, Nursultan with his brother D Ubaydilla Makhambetovich, who works as vice-rector at Kaznmu Tel. +7 701 531 12 68 I was introduced, and during my acquaintance, U. M. D. told me that I had the opportunity to collect students and go to the resedentur.
Since that time, I started collecting students through U. M. D. for admission to the specialty of residency at Kaznmu, and in addition to the amount provided by U. M. D., I received a small percentage.
After I had the desire to enter the specialty of residency at Kaznmu, I told my fellow students.
Then in 2022 - 9 out of 7 students:
1. M. Nurbolat-studying at the Faculty of Otolaryngology of Kaznmu;
2. Nurzhamal Abaykyzy-obstetrician-gynecologist of Kaznmu, studying at the Faculty of Gynecology;
3. studying at the Faculty of Aphthalmalology of Akmaral – Kaznmu;
4. ulzhalgas-Kaznmu is studying at the Faculty of Gastroenterology;
5. Akimbaeva A. B.-studying at the Faculty of Radiology of Kaznmu;
6. Gulnaz - KazNMU is studying at the Radiological Faculty of tel.: +7 707 690 97 74;
7. Zhuman Aydana-studies at the Otolaryngological Faculty of KazNMU tel.: +7 702 643 2821;
8. Mailiev studies in Adler-KazNMU;
9. Yerol is studying at the Faculty of Ophthalmology of KazNMU.
for the state grant, U. M. D. received money, I do not remember the names of 2 students who did not enroll (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone), and U. M. D. returned them in installments. After that, I entered the trust of U. M. D.
In 2023, during a meeting with U. M. D., he told me that he could enroll 20-30 students, and demanded that I cash out the funds.
I want students:
1. Asylkhan - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
2. Nazgul - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
3. Sardor - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
4. Olimjon - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
5. Bekzat - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
6. Yerzhan - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
7. Zhanbolat - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
8. Madina - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
9. Sabina - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
and I collected lists of other students (full name or phone number, WhatsApp correspondence and money information are available on my smartphone), and took them to the University. The students constantly asked me questions about whether you can shoot, but U. M. D. assured me that you can shoot everything.
The funds received from the students were transferred in cash to the U. M. D. in various places, 3-4 times in the cafe opposite the Grand Park Shopping Center, in the Gostinitsa Kazakhstan, Moscow shopping center, and Aksai 5, 25, 6 apartments, in the cafe on Zhandosov Street, etc.
"I don't know," he said, " but I don't know."
After the return time was delayed, the students argued that they would make noise and enter the U. M. DKA with a voice recorder. I protected U. M. D. by borrowing the students ' money as much as I could, and then U. M. D. instructed me to close the debt at the expense of another novice student, and since then I began to do the same.
Students who could not enroll in the above-mentioned resendentura began to enroll when an additional grant was allocated.
However, over time, the students who filmed U. M. D. began to demand a refund, saying that we ourselves did not help U. M. D.
However, during the preliminary investigation, U. M. D. gave a completely different and false answer to the investigation in order to cover up his crime, in which he said that he met me only 2 times by chance and did not receive any money, but if we check the call information between me and U. M. D. or my husband in a civil marriage Ashilov Kasymkhan, it will be possible to identify at least 500 incoming and outgoing calls (Volume 13, page 79-83).
U. M. D. said that in November 2024, an additional grant will be allocated and students will be able to enter the same Garns if they wait. But the students did not agree to him and began to write a statement to the police asking for money.
On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, I can bring it to the attention of the court.
In 2023, after the difficult admission of students to the residency of Kaznmu, my acquaintance named Nargiza (who worked in Oblzdrav in Almaty region (now located in Kunayev) told me, K Aruzhan Sakenovna Tel: +7 778 683 57 36 he assured that he had acquaintances in Oblzdrav in Almaty region (now located in Kunayev) and in the admissions committee of the Kazakh-Russian Medical University (hereinafter - KRSU) and among the teachers who issue tickets.
Kaznmu-en sent the fallen students to KR:
1. Akimbaeva a - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
2. Gulnaz - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
3. Zhansaya - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
4. Nurbol - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
So A. S. K. entered my faith.
2 students who fell from the Faculty of Ophthalmology of kaznmu
1. Olimjon-KRSU is studying in the 2nd year at the Faculty of Skoraya pom neotlozhka (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
2. Bekzod is studying in the 2nd year at the Faculty of Otoralingology of Kaznmu (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
A. S. krsu received 2,500,000 tenge for admission to the grant for the specialty "Ambulance".
In 2023, A. S. krsu received 3 students for the specialty of Radiology
1. money issued by swallow 2,000,000 tenge (full name or phone number, Whatsapp correspondence and information about funds are on my smartphone);
2. Alarm money 2,000,000 tenge (Full name or phone number, Whatsapp correspondence and information about funds are on my smartphone);
3. The money given by the judge, 2,000,000 tenge (full name or phone number, Whatsapp correspondence and information about the funds are on my smartphone).
They were filming.
However, A. S. K:
Nazgul-I don't remember the money he gave (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
Yerzhan - I don't remember the money he gave (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone).
he wanted to get rid of it by saying that he was going to get an additional grant, and that he was not going to get the money.
I returned the funds to them by transferring them from the funds of other students out of my own pocket.
A. S. K. assured that in 2024 he could film the students, however, he could not film the students.
A. S. K. assured the students that a place would be allocated.
A. S. K. received funds in 2023-2024 through the applications of Kaspi, Halyk banks and in cash.
During the investigation, K. Aruzhan said that in 2024 he did not meet with me and Ashilov Kasymkhan at all, and lied that I gave him 8,400,000 tons in cash, and gave a false answer to the investigation (volume 13, page 90-111).
I gave K Aruzhan 3,200,000 tenge in 2023 and 8,400,000 tenge in 2024, including 11,600,000 tenge in two years.
In addition, A. S. K.'s answer during the preliminary investigation is absurd, because he shot that he met me only once and transferred funds to buy perfume from him. In fact, I have not bought a single perfume water from him. A. S K
he gave false answers to the investigation in order to cover up his criminal activities.
On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, I can bring it to the attention of the court.
In 2023, I met a girl named a Nazgul Asylkhanovna (volume 13, page 146), who, for her part, said that she wanted to become a graduate of Kaznmu, and then asked me if it would be a discount if she brought other students to shoot at Kaznmu, and wanted to get her share of funds for the scam.
A. A., I brought the request to U. M. D. and he did not mind, so I began to work with N. A. A..
N. A. Aova was actually enrolled in U. M. D., but N. A. Aova was unable to enroll due to her negligence without writing a timely statement.
However, N. A. Aova began to collect students further.:
1. Zhumash-3,000,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
2. Jamilya-2,000,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
3. Sultan-2,000,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
and I also don't remember the money that the students had and gave away (full name or phone number, Whatsapp correspondence and information about funds are on my smartphone);
The head was collected from these students in the amount of about 20,000,000 tenge and transferred them to the U. M. DKA in cash.
Since U. M. D was unable to enroll the above students, and U. M. D did not return the money, we returned the funds to students who were unable to enroll at the expense of the students who came to the end and agreed with him.
On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, I can bring it to the attention of the court.
In 2024 .... I met a man named N Dauletkhan (volume 13, 112-146), with whom I was introduced by a girl named Nazgul Asylkhanovna, a witness in the case. N. D. assured that he would be able to apply for a grant for residency, 1st year, get a score on a comprehensive test.
So, the funds of the following students were transferred to D N Bas Aya:
1. Balkia-2,600,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
2. Nurdaulet-money for 2,600,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
3. Aruzhan Arkabayeva-1,200,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
4. Ahmet Saya-1,000,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
5. PC no. P-1,300,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
6.Yersultan Saya - 1,300,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone).
However, all the words that D N said in front of him turned out to be lies. Funds were received in cash, through the Public Bank, kobret met, convinced of lies, and sometimes Ashilov Kasymkhan and I went to work without a phone.
D N actually only partially returned the money of the students. His response during the preliminary investigation was false and absurd, and I have evidence of it.
Balkia-I don't remember the money he gave (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
Nurdaulet-I don't remember the money he gave (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone).
and I forgot other names, and I deceived the students so that they would shoot. There's everything, skrin. "I don't know," he said. When billing, detailing is done, everything is visible.
To N Dauletkhan, I transferred 8,500,000 tenge through various bank applications and delivered 6,000,000 tenge in cash. However, D N's answer that he took only 5,500,000 tenge in the case and returned it is false.
On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, I can bring it to the attention of the court.
K Aruzhan, Ubaydulla D, N Dauletkhan did not return any cash received in cash.
I saw only my own share in each student, and at the very end I returned only money, no matter what. Because I was confused by money and made a mess by covering a person with a person.
As for the game, I did not participate in any game, because I was playing at the mention of Ashilov Kasymkhan. I never went to the game halls alone, every time I went to Ashilov Kasymkhan. I didn't understand the rules of the game, then Kasymkhan would explain by phone or by himself.
In order to return the money of the students, Ashilov Kasymkhan used the small funds that were available to the students through the game, which he carried to the students himself. Because Ubaydullah D, K Aruzhan, N Dauletkhan delayed the return of money from students who could not shoot, or did not give it at all.
On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, I can bring it to the attention of the court.
All the time I accompanied the students in the filming of Kaznmu, KRSU, constantly contacted K Aruzhan, Ubaydulla D, N Dauletkhan, telling the students the information they received.
Dear court! For my part, I fully recognize the crime committed and apologize to all victims. Reason: I helped enroll illegal students. However, it did not occur to me to deceive students, to make money fraudulently.
I really wanted to shoot, ran. If I had such a scam in mind, I would not have taken money for the Caspian application.
I entered kaznmu with the intention of becoming a good doctor. "I don't know," he said. I didn't look for students myself, they came mostly through the students who dropped out.
Students of ubaidulla DKA, K Aruzhana, N Dauletkhan:
1. graduated from Ulzhalgas – Kaznmu at the Faculty of Otorhalingology in 2024;
2. Olzhas is studying at the 1st Year of the Faculty of Neurosurgery of Kaznmu (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
3. Karlygash is studying in the 1st year at the Faculty of Cardiac Surgery of KRSU (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
4. alarm-1st Year of study at the Faculty of Ophthalmology of KRSU (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
5.she is studying at the Faculty of radiology of Justice - KRSU in the 1st year (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone).
and there are many more that I do not remember now. On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, I can bring it to the attention of the court.
1 scene
Funds provided by the victim s No. Asel
17.11.2023-500,000 tenge
26.11.2023-750,000 tenge
27.11.2023-750,000 tenge
=2 000 000 tenge
On the pages of the case volume 12-13
The funds provided by the victim were sent / transferred to the following Citizens:
"I don't know," he said.
View 2
Victim O No N, funds provided
05.02.2024-100,000 tenge
05.02.2024-1,900,000 tenge public 5,200,000 tenge
01.02.2024-700,000 tenge
01.02.2024-800,000 tenge
31.01.2024-1,000,000 tenge
05.02.2024-500,000 tenge
23.09.2024-100,000 tenge
23.09.2024-100,000 tenge
On the pages of the case volume 12-13
The funds provided by the victim were sent / transferred to the following Citizens:
Solved 332 000 KZT
Jamila-400 000 tenge
snyati – 350 000 tenge
1 820 000 KZT
the rest of the money is left for the summer
5 200 000 – 1 082 000 = 4 118 000 TG
1 300 000 tenge-Dauletkhan N
1 300 000 tenge-Dauletkhan N
1 000 000 tenge-Nazgul
500 000 tenge – Diana
On the pages of the case volume 12-13
View 3
Funds provided by the victim N № Taldybay
15.03.2024-1,000,000 tenge.
01.09.2024-500,000 tenge
01.09.2024-500,000 tenge
18.09.2024-200,000 tenge
19.09.2024-300,000 tenge
total 2 500 000 KZT
The funds provided by the victim were sent / transferred to the following Citizens:
Ubaydulla D
15.03.2024 money 450 000 KZT
18.03.2024 – 1 000 000 TG Inara M. perevod
Nazgul-500 000 tenge
Bekzod-500 000 tenge
= 2,450,000 tenge
On the pages of the case volume 12-13
4 appearance
"I don't know," he said.
17.04.2024
18.04.2024
2 000 000 tenge
The funds provided by the victim were sent / transferred to the following Citizens:
Madina S.: 300 000 tenge
Dauren A.: 200 000 tenge
200 000 tenge
200 000 tenge
On the pages of the case volume 12-13
5 appearance
Funds issued by the victim s # Moldir
2 000 000 tenge
The funds provided by the victim were sent / transferred to the following Citizens:
Ubaydulla D
On the pages of the case volume 12-13
6 appearance
Funds provided by the Victim B No. Tomiris
2 500 000 tenge
The funds provided by the victim were sent / transferred to the following Citizens:
I sincerely apologize to the victims.
Dear court, I ask you, in accordance with the requirements of Article 53 of the Criminal Code of the Republic of Kazakhstan, paragraph 11 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated November 26, 2004 No. 17 "on the consideration of criminal cases by courts in a reduced order", to recognize my guilty plea, sincere repentance, criminal liability for the disclosure of a criminal offense and mitigating punishment as circumstances.
I ask you to give me a chance, please don't cut me into bars.
I am not a fraudster who wanted to become a doctor for Asfendiyarov.
I will return the money.
I fully recognize the property damage caused to the above-mentioned 24 victims today in the amount of 59,953,000 tenge. However, the vast majority of victims in the case are asking the court against me to appoint you to a sentence not related to imprisonment in a criminal case;
Dear court, I fully agree with the charge and fully admit my guilt. I have not been convicted before, I have not been prosecuted, I have a permanent place of residence, my identity is determined. I do not intend to hide from the criminal prosecution authorities or the court, or to interfere with an objective investigation of the case or its consideration in court.
I had no intention of deceiving the victims and embezzling their funds, but I was not able to take money from the victims and return it to Ubaydulla DKA, K Aruzhan, N Dauletkhan.
In connection with the internalization of their criminal actions against ubaydulla DKA, K Aruzhan, N Dauletkhan 16.01.2025 year I sent a petition to the court and the prosecutor's Office about the conclusion of a procedural agreement on the recognition of guilt and cooperation in the criminal case. However, the prosecutor's Office dismissed my application letter with a letter dated 22.01.2025 East No. 2-17-25-00317.
The above-mentioned circumstances Article 53 of the Criminal Code of the Republic of Kazakhstan. Criminal liability and punishment can be classified as mitigating circumstances. In accordance with Article 54 of this code, circumstances aggravating criminal liability and punishment are not determined by the investigating authorities in the case and the materials of the criminal case.
In accordance with Article 63 of the Criminal Code of the Republic of Kazakhstan, if the court comes to the conclusion that when imposing a sentence in the form of imprisonment, the convicted person may be corrected without serving the sentence, it decides to consider the imposed sentence conditional. When applying a conditional conviction, the court takes into account the nature of the crime committed and the degree of danger to society, the identity of the guilty person, including the circumstances mitigating and aggravating liability and punishment.
In fact, we believe that the court has the opportunity to apply Article 63 of the Criminal Code of the Republic of Kazakhstan when imposing a sentence, and I hope that the court will impose a suspended sentence. Or imposing a sentence of restriction of freedom in accordance with Article 44 of the Criminal Code of the Republic of Kazakhstan.
Article 190 of the Criminal Code of the Republic of Kazakhstan, Part 3, Part 1 - in a large amount; paragraph 4 - in the sanction of punishment for repeated fraud, it is stated that the convicted person is punished with "confiscation of property, restriction of freedom for a period of three to seven years or imprisonment for the same period, with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to six years".
In accordance with article 383 of the Criminal Code of the Republic of Kazakhstan, upon completion of the judicial investigation, the presiding judge announces the transition of the court to the judicial debate the judicial debate consists of the words of the prosecutor, the victim or his representative, the civil plaintiff and the civil defendant or their representatives, the defendant and the defense attorney.
After all participants in the judicial debate have made a speech, each of them has the right to speak once again, briefly expressing objections or comments (replicas) on the reasons stated in the speech of representatives of the parties. The right to make the last remark in all cases belongs to the defendant and his defense attorney.
Each participant in the judicial debate may submit to the court in writing the wording proposed by him of the decision on the issues specified in Paragraphs 1)-6) of the first part of Article 390 of this code. The proposed formulation will not be binding on the court.
At the end of the judicial debate, guided by Article 384 of the Criminal Code of the Republic of Kazakhstan, the presiding judge gives the last floor to the defendant. The defendant is not allowed to ask any questions during his last word. The court does not have the right to establish the duration of the last word of the defendant.
Based on the above and in accordance with articles 383, 384, 63 of the Criminal Code of the Republic of Kazakhstan, 74 of the Criminal Code of the Republic of Kazakhstan,
MY REQUEST FROM THE COURT:
* In respect of me, the imposition of a punishment not related to imprisonment in a criminal case, provided by Article 190, Part 3, paragraphs 1,4 of the Criminal Code of the Republic of Kazakhstan, the application of a sentence of restriction of liberty for a period of three to seven years, granted with the sanction of part of this article.
Defendant with good intentions: ___________/ R. K.
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