The Court of Appeal annulled the first-instance verdict by which Aleksandar Kuperman, Dmitro Likota and "Zapad banka" were acquitted of the charge that, with the help of Maksim Slutski, they caused damage of EUR 1.502.524,92 to the company "Svitland Global FZE" by abusing their official position and trust. in favor of the company "Ofimmo GMBH".
In this way, the appeal of lawyer Lazar Aković, the representative of the injured company, was accepted and the case was sent back to the High Court for retrial. The High Court previously acquitted the accused of having committed a criminal offense - abuse of position in business operations...
In the explanation of that verdict, the judge concluded that there was no damage to "Svitland Global" due to the fact that Zapad Bank closed the loan, because this company was the guarantor-guarantor for the loan that "Ofimmo" took from the bank.
"It is indisputable that the loan agreement was concluded between 'Zapad banka' and the company 'Ofimmo', whose guarantor was the company 'Svitland Global'. The dispute was whether the bank had the right to "close" the loan and whether there was damage. It has not been proven that damage occurred, nor that illegal property benefit was obtained. The bank was obliged to collect the loan from the guarantor. 'Zapad banka' was fully authorized to collect its claim and had to do so. The bank actually saved the guarantor by collecting the loan from the deposit, because the installment amounted to more than 4.000 euros. And more interest for delay because the company 'Ofimmo' was late with the repayment of the loan", said judge Nenad Vujanović in the explanation of the verdict at the end of May 2023.
The Court of Appeal, however, states that the verdict is affected by significant violations of the provisions of the criminal procedure.
"The wording of the verdict contradicts the reasons for the verdict, while the reasons given for decisive facts are completely unclear and to a considerable extent contradictory", the decision states.
It is explained that the unclear reasons of the first instance court were given regarding the absence of the obligation of Zapad banka to inform the guarantor that the principal debtor is unable to fulfill his obligation.
State Prosecutor Miloš Šoškić at the Higher State Prosecutor's Office in Podgorica dropped the criminal prosecution against the defendants.
The criminal prosecution was then taken over by lawyer Lazar Aković, as the representative of the company "Svitland Global".
The indictment stated that on March 31, 2017, the defendants Kuperman and Likhota, in their capacity as responsible persons in Zapad Bank, obtained illegal property benefits from the legal entity Ofimmo GMBH, and damages from Svitland Global FZE.
"The defendant Slutski Maksim intentionally assisted in the commission of a criminal offense, in such a way that the defendant Kuperman, executive director for foreign sales, and Dmytro Likhota, executive director for business support, with the help of Slutski, closed the loan early - paid off the loan early Ofimmo GMBH approved on the basis of the Loan Agreement... dated 10/11/2015, concluded with Zapad banka in the amount of EUR 1.500.000, Annex to the loan agreement 684/1/2015 dated 30/11/2015 from the deposit of the injured legal entity Svitland Global FZE deposited under the Term Money Agreement of Svitlana Yemelyanova, which would have approved the early closing of the loan to the legal entity Ofimmo GMBH from the deposit of Svitland Global FZE. Slutski via email from the address of the company Aviaweb, owned by Slutski's wife," the prosecutor's document says.
The indictment states that Slutski created the conditions for the commission of a criminal offense with a falsified statement, although according to banking regulations, the statement - consent must be in the original, signed in the presence of a bank official.
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