Internet scammers issued more than 4 million tenge for Karaganda

A woman filed a claim with the Balkhash City Court of the Karaganda region that she had become a victim of Internet scammers who, through a mobile phone, took possession of her million tenge and issued a bank loan for her in the amount of 4.3 million tenge, Liter.kz reports with reference to the Supreme Court.

The court established the transfer of funds from the plaintiff’s bank account to the defendant’s account and then to the account of a third party. The defendant did not admit the claim and explained that he accepted an offer via the Internet from an unknown person to open bank accounts. But after giving him my personal data, I did not receive the promised reward.

“According to paragraphs 1 and 3 of Article 953 of the Civil Code, the acquirer who, without the grounds established by law or the transaction, acquired or saved property (unjustly enriched himself) at the expense of the victim, is obliged to return to the latter the unjustifiably acquired or saved property, except for the cases provided for in Article 960 of the Civil Code. It does not matter whether the unjust enrichment was the result of the behavior of the enriched person, the victim himself, third parties or occurred against their will, that is, the presence of unjust enrichment (saving) of property without a proper legal basis. The court took into account that the defendant opened a bank account on the eve of committing fraudulent acts and personally provided access to it to third parties, indicating login passwords to the bank application. The defendant does not deny that, without any justification, funds were transferred to his account from the plaintiff; he did not return them to the sender and disposed of them at his own discretion. Previously, the parties did not know each other and were not in any relationship,” the court said.

The court granted the claim. One million tenge for unjust enrichment was recovered from the defendant in favor of the plaintiff.

The appeal upheld this court decision.

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