The Court of Appeal in Dubai overturned a ruling issued by a court of first instance imprisoning two people of Arab nationality and fining them an amount of 761 thousand dirhams, after convicting them of fraudulently seizing a luxury car, whose owner sold it to the first defendant without taking the necessary legal guarantees, or obtaining its value in cash, and the court ruled Appealing the expiration of the case through reconciliation between the two parties.
The victim had succumbed to the temptation of the offer made to him by the first defendant to buy his luxury car, which he had offered for sale through an electronic marketing site, after the defendant had deluded him into believing that he was buying it for the benefit of an important person.
The Public Prosecution referred two defendants in the case to the Criminal Court. One of them was charged with seizing property transferred to others (the car) using a fraudulent method, while the other was charged with participating in assisting in committing the crime by extracting a phone SIM card in his name and handing it over to the second defendant for use in fraud and fraud crimes.
In detail, the facts of the case stated, according to what was established in the court’s certainty and its conscience was reassured by it, that the victim owns a company in Dubai that specializes in converting vehicles into rare forms, and he placed an advertisement for the sale of his vehicle on one of the famous shopping sites, and he received a message via the “WhatsApp” application, Its owner introduced himself as working in a prestigious profession, 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 his desire to buy it, and made him believe that it was for an important person.
The victim stated in the Public Prosecution’s investigations that he was reassured by the accused when he told him that, and they reached an agreement with him about the appropriate price, and they agreed to buy it for 761 thousand and 920 dirhams. Then the accused sent him the name of a person to transfer the possession in his name, and the victim actually registered it in the name of that person, without He receives no compensation, then later discovers that the car is for sale in an exhibition in another emirate.
When the accused was asked about participating in the crime, he denied the accusation against him, and decided that he had a phone number registered in his name. About a year ago, a friend of his who lives in an Arab country asked him to obtain a SIM card for him in the name of the accused, so that he could register in an application that required a local Emirati number, so he gave him a number. He gave it to his brother residing in the country, since the latter had several numbers in his name and could not extract additional SIM cards, indicating that he did not know that the accused would use the SIM to defraud others.
In addition, the case papers included a copy of the vehicle possession certificate in the name of the victim, then a certificate of transferring it in the name of another person convicted in similar cases, while the accused of seizing the car by fraudulent means did not appear before the court despite his announcement.
In the merits of its ruling, the court of first instance confirmed that it was satisfied that the second defendant in the case seized for himself a vehicle belonging to the victim in a fraudulent manner, using a false name, and claiming to belong to a nationality other than his own.
She explained that the court has the discretion to determine the availability of the material and legal elements, and the availability of criminal intent for the crime of seizing the money of others in a fraudulent manner, in light of the fact that the evidence as a whole leads to the court being completely convinced and satisfied with its conclusions.
It indicated that it was satisfied with the victim’s testimony, the documents proving the transfer of ownership of the vehicle, and the first defendant’s acknowledgment of extracting a phone SIM card and handing it over to the second for use in the fraud. It ruled that they should be imprisoned for six months and fined them 761,920 dirhams, while the Court of Appeal overturned the ruling against the accused with criminal participation due to the expiration of the case for reconciliation. .
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