Сourt returned 16 million rubles to condemned cashier
Earlier, Maxim Divin was convicted of legal entities cash withdrawal.
The Rostov-on-Don court, having considered the appeal of the convicted of illegal banking activity Maxim Divin, commuted his sentence. The judge concluded that the previously imposed sentence under Art. 187 of the Criminal Code (Illegal Turnover of Means of Payment) wanted to be canceled and terminated for lack of evidence. According to the court, the cashier will be got back 16 million rubles, which were confiscated from him during the search. In addition, the Divin's imprisonment was decreased, instead of 7 years, he will serve a term of 4 years in a penal colony.
In August 2016 Maxim Divin and his collaborators Alexey Babchenko and Natalia Mikhailova were convicted by the Shakhtinsky District Court for conducting Illegal Banking Activity (part 2, Art. 172 of the Criminal Code) and the Manufacture and Sale of Counterfeit Means of Payment (part 1, Art. 187 of the Criminal Code). Divin's lawyer requested to cancel the verdict and acquit Divin on all counts.
The first-instance court found that from 2010 to 2013 Maxim Divin set up 13 fictitious organizations for legal entities money encashment. Operations were carried out with forged documents, produced on behalf of the front companies heads. Accomplices in illegal banking activity were Babchenko and Mikhailova. As reported by the Prosecutor's Office of the Rostov region, the income of OCG participants, earned with the fraudulent activity, exceeded the amount of 21 million rubles.
The sentence against Alexey Babchenko and Natalia Mikhailova convicted under part 2 of Art. 172 of the Criminal Code was not appealed. Recall that Babchenko received 2 years imprisonment with suspended 2 years sentence. Natalia Mikhailova received 3 years imprisonment suspended for 2 years. However, Babchenko and Mikhailov were exempt from punishment under the amnesty.
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