District Court No. 2 of the Bostandyk District of Almaty has sentenced the director of LLP «Aria Zhana Astana», Gani Bekbosynov. He was a defendant in a case concerning embezzlement by Gulmira Satybaldy. Previously, within the framework of this case, the Kyzylorda court sentenced Bekbosynov to 7 years suspended.
According to Ulysmedia.kz, this time Gani Bekbosynov was tried for evading taxes from 2017 to 2020.
"Pursuing the unlawful goal of evading taxes on a large scale, LLP «Aria Zhana Astana» deliberately did not reflect business transactions regarding actual financial and economic relations with the latter enterprises in its accounting and tax reports. <…> He intentionally began to seek out individuals engaged in illegal activities by issuing fictitious invoices, delivery notes, and contracts for the supply of goods and provision of services without their actual execution, for a fee, in order to reflect these relationships instead of those actually conducted with individuals and legal entities, in the accounting and tax records of LLP «Aria Zhana Astana»", the court document states.
It has become known that LLP «Aria Zhana Astana» was part of the holding of the group of companies JSC «Vaur Kazakhstan». The company's shares belonged to the following individuals: Gulmira Satybaldy – 34% of shares; Abai Zhunusov – 33% of shares; Aibatyr Zhumagulov – 33% of shares.
It is reported that Bekbosynov entered into transactions with unreliable suppliers, "inflating the expenditure side, while also understating the amount of taxable turnover in mutual settlements with enterprises". The companies agreed to this for a fee. As a result, the state suffered damage totalling 508.7 million tenge.
"At the trial, Gani Bekbosynov noted that he was engaged in production and construction, not financial and economic activities, but he had the right of first signature on banking and accounting documents. The financial documents were signed by the accountant, who first coordinated them with Gulmira Satybaldy and her trusted persons", the report states.
Bekbosynov did not plead guilty to the charges brought against him, citing that after the verdict of the Kyzylorda court he no longer managed the company.
"According to the charges brought, he does not admit to evading taxes and other mandatory payments to the budget, since the enterprises with which LLP «Aria Zhana Astana» concluded contracts performed their services, and the transactions were not sham. In fact, all work under the contracts was completed", the court ruling notes.
For their part, the founders of the LLP stated that they did not give instructions to evade taxes. According to them, the LLP is a separate legal entity that paid taxes independently.
Ultimately, Gani Bekbosynov was found guilty and sentenced to 5 years in prison, but due to an amnesty the term was reduced to 4 years. It is reported that he will serve his sentence in a minimum-security correctional facility.
It will be recalled that earlier Gulmira Satybaldy was charged with unlawful imprisonment, extortion and arbitrariness. This was done in court shortly before the verdict was announced, under which she was sentenced to 8 years in prison for embezzlement and misappropriation of another's property.