Application to the police for criminal prosecution
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Almaty Police Department, Almaty, 57 Masanchi St. A.. 8 727 254 41 95.
from: And........... Th.......Mm..................... s
INN ............. the city of Almaty, md. Samal is... a house. ..., sq.4. tel: 8 775 .......
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
Bank: JSC "BankCentrCredit" BIN: ......... Almaty, ul.................. №38.
statement
Between And.......... Th... Mmm………… (Hereinafter referred to as the Victim) and JSC Bank Center Credit (hereinafter referred to as the Bank), a Bank Loan Agreement was concluded for No.F-....../6 dated April 19, 2007 in the amount of 250,000 US dollars, for which an apartment consisting of 4 living rooms was purchased, with a total usable area of 92.60 sq.m., located at: Almaty, Baizakova str., ..., sq.. Due to financial difficulties, namely the loss of her job, she was forced to terminate her obligations under the contract. But despite the financial difficulties, she did not refuse to fulfill her obligations under the Bank Loan Agreement. I would like to warn those who are biased, without reading this appeal to the end, I decided that this case belongs to civil cases. You're wrong! Since you need to carefully read the following facts. After some time, the Bank, in connection with the non-fulfillment of contractual obligations, duly stipulated that in the event and................. A.M., registration of a purchase and sale transaction for mortgaged real estate with Margarita Valeryanovna, a citizen of Timchenko, located at the address: Almaty, Baizakova str., ......., 71 block, which was accepted as enforcement. After which the bank has committed the Debt And.............. A.M., to be considered fully repaid/fulfilled, that is, the actions of the above-mentioned Loan Agreement No. F-251/6 dated April 19, 2007 will be terminated, as evidenced by the letter from Bank Center Credit JSC.
In turn, And............... A.M., unknowingly issued, that is, sold to the buyer, which the Bank itself found the above-mentioned property owned by right of ownership And............... A.M., as evidenced by the Purchase and Sale Agreement dated 02.11.2011, issued by a Notary Public............. Z.A., where a representative of Bank Center Credit JSC was also present. To my great surprise, a long time after the conclusion of the above-mentioned purchase and sale agreement, on January 16, 2020, and................. A.M., I received a letter from the Bank for ex.No. 37-2-234-958 dated 01/16/2020, as follows: Bank CenterCredit JSC notifies of overdue debts under the Bank Loan Agreement No.F-251/6 dated 04/19/2007 in the amount of 250,000 US dollars. As of January 15, 2020, the total debt under the bank loan agreement is USD 54,712. In order to resolve this situation peacefully, we have sent a corresponding application to the Bank stating that the Bank Loan Agreement No. F-251/6 dated April 19, 2007, concluded between........... Ah.......... M................. and Bank Center Credit JSC – to consider fulfilled and, accordingly, obligations terminated. Next, the Bank sent a letter for ex.no.34-3/223/1064 On 03.03.2020, I replied that the Bank had decided to reject your application due to non-compliance with the Bank's internal regulatory documents and non-compliance with the terms of the Agreement. Accordingly, taking into account the above-mentioned absurd arguments of the Bank, we decided to appeal to the civil court, or rather, we appealed to the Medeu District Court on 04/22/2020.
Subsequently, on July 08, 2020, the Medeu District Court of Almaty, consisting of: the presiding judge Akhmetova L.T., under Secretary Karkeshevoyn., considered in open court a civil case on the claim: And........ And....M............. to Bank Center Credit JSC on recognition of the obligation under the bank loan agreement NoF-251/6 dated April 19, 2007, concluded between and......... .......... and Bank Center Credit JSC fulfilled and, accordingly, the obligation terminated, the Judge decided to satisfy the claim and.............. And..... M..... to the Joint-Stock company Bank Center Credit on recognition of obligations under the Bank Loan Agreement NoF-251/6 dated April 19, 2007 concluded between And............. And..... M..............and the joint–stock company "Bank Center Credit" - fulfilled and the obligation terminated; - to refuse. Disagreeing with the decision of the Medeu District Court, we filed an appeal against the decision of the Medeu District Court of July 8, 2020 on 08/17/2020. On November 18, 2020, the Judicial Board for Civil Cases of the Almaty City Court, consisting of: the presiding judge Malik-tags B.M., judges Tasybekova M.T., Zholdybaevas.Zh., the Judge Decided - The decision of the Medeu District Court of Almaty dated July 08, 2020 in this case - to leave unchanged the appeal of the plaintiff's representative Sarzhanova G.T. - without satisfaction. The judge of the first instance in the decision explains that the letter provided by the Bank on termination of obligations does not contain the date and number addressed to And............... Y. A.M. signed by B. Ismailov, the Manager of the Credit Management Center of the Central Bank of JSC "Bank CenterCredit", changes to the terms of lending, including those related to collateral, are confirmed by the signing by the parties of an additional agreement to the contracts. However, no such agreements were concluded between the parties to the transactions. The judge also motivates the Decision that And............. Y.A.M., the collateral was sold with the consent of the bank for the execution of the purchase and sale agreement, without removing the collateral encumbrance. In fact, the above-mentioned letter from the Bank is illegal and, unfortunately, the Judges of civil cases will not help us protect our rights in this case. 190 of the Criminal Code of the Republic of Kazakhstan, fraud, that is, theft of someone else's property or acquisition of the right to someone else's property by deception or abuse of trust. It is obvious that B. Ismailova, the Manager of the Credit Management Center of the Central Bank of JSC "Bank CenterCredit", provided a false letter and by deception and manipulation persuaded the Victim to draw up a purchase and sale agreement.
According to art . 242 of the Criminal Code of the Republic of Kazakhstan, which stipulates that employees of the bank knowingly provide false information about transactions on bank accounts of legal entities or individuals, as well as the issuance of sureties, guarantees and other obligations that are knowingly unsecured by the actual financial condition of the bank, if these actions have caused or could cause major damage to a citizen, organization or the state., - are punishable by a fine in the amount of up to two hundred monthly calculation indices or correctional labor in the same amount, or community service for up to one hundred and twenty hours, or arrest for up to forty days, with deprivation of the right to hold certain positions or engage in certain activities for up to three years. Based on the above and in accordance with Articles 242, 190 of the Criminal Code of the Republic of Kazakhstan, I ASK YOU:
To bring to criminal responsibility the Bank “JSC Bank Center Credit";
To respond to the application within the prescribed time limits.
With respect, __________/And.............. and A.M. "____"___________2020 G.
According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.
