Court in Khmelnytskyi convicted a man for land fraud committed back in 2008
In Khmelnytskyi, the court delivered a verdict in a fraud case committed back in March 2008.
Circumstances of case No. 686/2665/15-к
According to the case materials, in March 2008, a man, aiming to seize someone else's property, convinced two victims that he held an influential position in the Khmelnytskyi City Council and that for a certain sum he could resolve issues regarding the allocation of land plots and issuance of state acts for ownership rights to land plots, which was not true. From each victim, through his acquaintance, he received 25 thousand US dollars.
The accused did not admit guilt in committing the criminal offense, denied the above circumstances, stated that he did not take any money from the victims, and refused to give detailed testimony.
After evaluating the evidence examined in the court session in terms of its relevance, admissibility, and reliability, and the totality of this evidence in terms of sufficiency, the court concluded that the guilt in the committed offense was fully proven.
The testimonies of the victims and witnesses are fully consistent with each other and with the written evidence, which collectively indicate that the accused, with the aim of obtaining money by deception, provided the victim with forged documents, while using other persons who were unaware of his criminal intentions.
The court found proven that the accused committed a criminal offense under part 4 of article 190 of the Criminal Code of Ukraine (as amended on 05.04.2001) as appropriation of another's property by deception (fraud), committed repeatedly, in especially large amounts.
Court decision
Thus, the court found the accused guilty of committing a criminal offense under part 4 of article 190 of the Criminal Code of Ukraine (as amended on 05.04.2001), sentencing him to five years imprisonment with confiscation of property, except for housing.
Based on part 4 of article 70 of the Criminal Code of Ukraine, by combining criminal offenses and absorbing the less severe punishment assigned by the verdict of the Khmelnytskyi City District Court dated 21.12.2023 with the more severe one, the final punishment was set at five years imprisonment with confiscation of property, except for housing, crediting the partially served sentence under the previous verdict, which amounted to seven months and eighteen days of imprisonment.
The court also satisfied the civil claims of the victims, recovering from the accused in favor of each of them 126,250 hryvnias of material damage.
The verdict may be appealed to the Khmelnytskyi Court of Appeal.
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