09/10/2026
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09/10/2026
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KUWAIT CITY, Oct 9: The Court of Appeal has upheld the acquittal of an expat who was accused of conspiring with another person to defraud two residents of KD 23,000 by allegedly promising to establish a restaurant in a European country and secure residency permits for them.
The Misdemeanor Court had earlier issued a default judgment sentencing the two defendants to three years in prison, fining each KD 200 and ordering their deportation after serving their sentences. The defendant in the present case appealed the ruling, and the appeal resulted in his acquittal.
In its reasoning, the Court of Appeal said that documents and investigations showed that the restaurant project had actually been established and registered in the name of one of the two complainants. The dispute arose after residency permits in the European country were not obtained. The restaurant was later closed because of unpaid rent and the absence of the two complainants.
The court also noted that the defendant had provided photographs from the opening ceremony of the project, which was attended by the father of one of the complainants.
The court emphasized that fraud requires the presence of its legal elements, including the use of a fraudulent method capable of deceiving the victim and inducing the person to hand over money. After reviewing the case documents and investigations, the court found that these elements had not been established against the defendant and that there was insufficient evidence that he had committed the acts attributed to him.
Defense attorney Jarrah Al-Malik said the ruling confirmed his client's position, noting that the court found the project had genuinely been established and registered and that the money transfer was made within the framework of an investment agreement rather than as a result of fraudulent conduct