Khaberni - Fraudsters of Asian nationality lured a person of the same nationality with a trick to execute a massive deal for purchasing digital currency, valued at about seven million and 383 thousand dirhams, enticing him to pay in cash, placed the money in front of him until the victim transferred the currency to one of their digital wallets and then they fled. However, the main suspect was arrested and criminally prosecuted, and sentenced to two years in prison and fine.
The victim resorted to the Primary Civil Court in Dubai, which ruled that the arrested suspect, to whom the digital currency was transferred, must pay eight million dirhams as material and moral compensation, based on his appropriation of the digital currencies owned by the plaintiff.
The details of the case date back to a lawsuit filed by an Asian individual, demanding that another person reimburse an amount of 7.383 million dirhams, the value of the funds appropriated through fraud, in addition to a compensation of two million dirhams for the material and moral damages suffered, based on a criminal judgment issued in the incident.
As stated in the lawsuit documents, the incident dates back to the defendant collaborating with others in luring the plaintiff into a deal involving digital currencies of type "USDT," where they brought cash amounts and displayed them in front of him to lend credibility to the deal, prompting him to transfer the digital currencies to their digital wallet.
As soon as the transfer was completed, the suspects seized the amount, which totaled seven million and 383 thousand dirhams, without fulfilling any corresponding obligation, constituting a complete fraud.
The incident was referred to the criminal court, which, in the first instance, sentenced the defendant to two years in prison and fined him an amount equal to the value of the appropriated funds. The appeal court upheld this sentence, which became final after no challenge was made in the Court of Cassation.
Following the finality of the criminal judgment, the plaintiff filed his civil lawsuit demanding compensation, emphasizing that he suffered material damages represented by the loss of his money and the missed investment opportunity, besides the costs of litigation, as well as the moral damages incurred from the incident.
The court explained in its reasoning that the final criminal judgments have authority before the civil judiciary regarding the occurrence of the crime, its legal description, and its attribution to the perpetrator, and these issues may not be re-examined before the civil court, in adherence to the res judicata principle.
It also confirmed that the final criminal judgment conclusively proved the defendant's appropriation of the plaintiff's money through fraud, which forms the legal basis for the claim for compensation in the civil lawsuit.
The court noted that this act directly resulted in material harm, manifested in the deprivation of the plaintiff from the appropriated amount and the lost investment opportunity, in addition to the financial burdens he bore from the litigation, damages that necessitate compensation.
The court also discussed moral damage, confirming that the plaintiff's loss of his money in such a manner, accompanied by anxiety, sadness, and psychological pain, constitutes moral harm deserving of compensatory relief.
It clarified that estimating the compensation falls within the discretionary power of the substantive court, which considers all circumstances and particulars, without having to adhere to a specific calculation standard for each element of damage.
Therefore, the court estimated the total compensation due to the plaintiff at eight million dirhams, including material and moral damages, including the value of the appropriated amount.
Regarding legal interest, the court explained that it serves as compensation for the delay in fulfillment, and is calculated in such a case from the date the judgment becomes final, given that the value of the compensation is subject to the court's estimation.
The court concluded by ordering the defendant to pay the compensation amount, along with the legal interest, and obliging him to cover the fees and expenses and 1000 dirhams for attorney's fees.
