The Court of Appeal in Dubai has overturned a first-time court ruling that sentenced two Arab nationals to jail and fined 761,000 dirhams for impounding a luxury car and selling it to the first defendant. The Court ruled that without taking the necessary legal guarantees, or cashing in the value of the settlement, the appeal would expire between the two parties.
He succumbed to the wishes of the 1st respondent after the 1st respondent tricked him into purchasing his luxury car which he had put up for sale through an electronic marketing platform. Advantage of an important person.
In this case the public prosecutor referred two defendants to the Criminal Court. One of them was accused of fraudulently confiscating property transferred to others (a car) and the other was accused of aiding and abetting the crime. phone SIM card in his name and handing over to the second defendant for use in fraud and forgery offences.
In detail, according to the facts of the case, the court's affidavit and its conscience, he placed an advertisement claiming that the victim owns a company in Dubai that specializes in converting vehicles into rare models. His vehicle was for sale on a popular shopping site and he received a message through the “WhatsApp” application, the owner of which introduced himself as working in a prestigious business and asked him to show him the most beautiful car he had. The victim sent him pictures of a luxury vehicle and the accused expressed interest in buying it and convinced him that it was for an important person.
The victim stated in the prosecution's investigation that he was calmed down when he said that and agreed to make an agreement with him regarding the appropriate price and buy it for 761 thousand 920 dirhams. The victim actually registered in that person's name to change the person's name to his name, he received no compensation, and later discovered the car was for sale at an exhibition in another emirate.
When the accused was asked about his participation in the crime, he denied the allegation against him and concluded that he had a phone number registered in his name. About a year ago, his friend, who lives in an Arab country, asked him to get it. A SIM card for him in the accused's name, to register in an application that required a local Emirati number, so he gave him one, and he gave it to his brother, who lives in the country, as the latter had several. Numbers in his name and additional SIM cards could not be extracted, indicating that the accused had no idea that he would use the SIM to cheat others.
Additionally, the case documents include a copy of the vehicle ownership certificate in the victim's name and a certificate of transfer to the name of another person who was later convicted in similar cases, while not accused of fraudulently impounding the car. to appear in court in defiance of his notice.
On the merits of its judgment, the trial court held that it was satisfied that the second defendant in the case had fraudulently impounded the victim's vehicle by using a false name and pretending to be a national. Except his own.
He explained that the court has discretion to determine the existence of material and legal elements and the presence of criminal intent for the offense of fraudulently taking money of others. leading to complete trust in the court and satisfaction with its decisions.
It pointed out that the victim's testimony was satisfied by the transfer of ownership documents of the vehicle and the extraction of the phone SIM card of the first defendant and handed over to the second person for use in the fraud. They were sentenced to six months in prison and fined 761,920 dirhams, while the Court of Appeal overturned the verdict against the accused with criminal participation as the case for conciliation had expired.
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