Statement of the Police Department on criminal prosecution for fraud
State Institution "Ust-Kamenogorsk City Police Department
East Kazakhstan Police Department
regions of the Ministry of Internal Affairs of the Republic of Kazakhstan"
East Kazakhstan region, Ust-Kamenogorsk,
Kabanbai batyr, 152
+7 (7232) 23‒26‒28; +7 (7232) 24‒17‒01
from: LLP "C.kz "
represented by Director D. O.F.
BEAN.....
Almaty, ul. bi, 280, 13th floor.
8 (727) ..
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; + 7 727 971 78 58.
Statement
Between the LLP "C.kz " and G.A. S. IIN . Ust-Kamenogorsk, E.P. Slavsky Embankment, 46, block 65, and Sh.E.Viktorovich IIN. East Kazakhstan Region, Ust-Kamenogorsk, Tauelsizdik str., 64, sq. 42., a contract for the performance of paid work was concluded No. BT-567-GPH-3 dated 04/16/2024 and No. BT-567-GPH-4 dated 04/19/2024, where the main subject of the contract is the performance of work by Sh.E., and G.A., in in full and strict compliance with the list according to the Annexes to the agreement.
In accordance with the terms 3.1 and 3.2 of the contract, the cost of completing the full list of works specified in the appendices is KZT 3,984,225. The amount to be paid on hand, minus pension contributions, contributions to compulsory medical insurance and income tax, will amount to 3,211,922 tenge.
G. A.S., S. E.V., advance payments were received in the amount of 3,980,0007 tenge from the total cost of the Work. According to the statement of Mr. Alexander, advance payments were transferred to his relatives, as evidenced by the Statement.
1,000,000 tenge on 04/18/2024 in the name of G.A.Stanislavovich;
1,000,000 tenge on 04/19/2024 in the name of G.L.Eduardavna;
500,000 tenge 05/02/2024 in the name of G.L. Eduardavna;
200,000 tenge on 05/22/2024 in the name of G.L. Eduardavna;
100,000 tenge 05/31/2024 in the name of K.L. Borisovna;
180,000 tenge 06/03/2024 in the name of K. L. Borisovna;
1,000,000 tenge on 06/10/2024 in the name of G.L. Eduardavna;
= 3 980 0007
Thus, G. A. and Sh. E., the work under the Contract was supposed to be completed by May 29, 2024. However, Sh. E. and G. A., the work was not completed. Moreover, G. A. and Sh.E. do not enter the facility ignoring the legitimate requirements of the Customer.
When checking G. A.S., in the Automated information System of the executive authorities of the Ministry of Justice of the Republic of Kazakhstan "Register of Debtors", we found that enforcement proceedings were initiated against G.A.S. from 37 legal entities and individuals for non-fulfillment of obligations to Customers.
According to paragraph 4 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 29, 2017 No. 6. "On judicial practice in fraud cases", fraud can be expressed both verbally and in writing.
Also, paragraph 10 above of the said Resolution stipulates that In order to distinguish fraud from civil law relations, it should be borne in mind that in fraud, intent aimed at stealing someone else's property or acquiring the right to someone else's property by deception or abuse of trust arises from the guilty person before and (or) at the time of conclusion of the contract providing obtaining someone else's property or the right to it.
In such cases, the deceptive actions of the perpetrator must be causally related to the fact that the perpetrator received property or acquired the right to property, i.e. deceptive actions must precede the transfer of this property or the acquisition of the right to it.
In addition, in paragraph 11 of the said Resolution, the Courts should take into account that the existence of intent aimed at embezzlement by fraud in contractual obligations may be evidenced by a combination of circumstances such as the person's deliberate lack of real financial and other material capabilities (material and technical equipment, labor collective, etc. d.) to fulfill the assumed obligation, or the necessary license, permission to carry out activities aimed at fulfilling obligations under the contract, the use of forged constituent documents or letters of guarantee by a person, concealment of information about the existence of debts or collateral for property, the conclusion of knowingly unenforceable contracts, and others.
I would like to draw your attention to the fact that in accordance with Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan, a pre-trial investigation is mandatory for all statements and reports of criminal offenses, with the exception of cases of private prosecution. If there is information in the received application or message about the signs of an administrative offense or disciplinary misconduct, the appeal is sent by a cover letter to the relevant authorized state body or official within three days.
According to the Criminal Procedure Code of the Republic of Kazakhstan, paragraph 1 of Part 1 of Article 180. The reasons for the start of a pre-trial investigation, the reasons for the start of a pre-trial investigation are sufficient data indicating signs of a criminal offense, in the absence of circumstances precluding the proceedings, namely the application of an individual or legal entity.
By sending this letter to you, we want to convey that the actions of G.A.S. are aimed at seizing funds by deception and abuse of trust, which contradicts Article 190 of the Criminal Code of the Republic of Kazakhstan, where 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 known about criminal liability for knowingly false denunciation in accordance with article 419 of the Criminal Code of the Republic of Kazakhstan.
Based on the above and in accordance with Articles 190, 187 of the Criminal Code of the Republic of Kazakhstan,
ask you:
· To bring to criminal responsibility G. A., and S. E., on the fact of fraud;
· To respond to the application within the prescribed time limits.
With respect,
Director "____"___________2024 G. _____________/ D.O.F.
Representative by proxy "____"___________2024 G. Sarzhanov, G.T.
Attention!
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