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Republic of the Philippines)

Quzeon City ) S.S.


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AFFIDAVIT OF COMPLAINT

I, MARLON S. SANTOS, Filipino, single, of legal age, resident of 67-


A Bukidnon St., Bago Bantay, Quezon City after having duly sworn
to in accordance with law, do hereby depose and state:

1. That I am instituting this CRIMINAL COMPLAINT against


SAM YIN GLEE of legal age, Korean citizen, currently
detained at Bureau of Immigration Detention Center, Lower
Bicutan, Taguig, Metro Manila as defined and penalized
under Article 315, paragraph 1(b) of the Revised
Penal Code of the Philippines, as amended.

1. I am a friend and partner of the accused KIM YOUNGIN.

2. On May 20, 2019 at Starbucks Trinoma, herein accused


offered that we enter into a LOAN contract with an interest
of 20% with a certain Shello E. Cruz for the amount of
P1,000,000 which we would be splitting equally.

3. At that time I fully trusted accused being he was a long


term friend thus I entrusted him with the money
immediately and gave it to him in cash.

4. On the due date of the LOAN contract Shello E. Cruz was


able to pay in full with interest in the amount of Php
1,200,000 to accused KIM YOUNGIN.

5. However when I approached accused, he claims that he


was not yet been paid by the borrower. But when I
contacted Shello she said she already paid in full.

6. When I confronted accused he admitted that he already


spent the money and that he promises to pay me back
soon.

7. However after several demands through call and text


messages to the accused yet no action was done for the
payment of the amount borrowed.
8. Since September accused has blocked my calls and
messages and I could no longer contact him. The accused
has also been constantly avoiding me. And later on I heard
news that he was detained at the Bureau of Immigration in
Bicutan.

9. Without any more option I am filing this case of ESTAFA


against herein accused as defined under the law elements
of Estafa under Article 315, paragraph 1(b) of the RPC:

1. That money, goods or other personal properties are


received by the offender in trust or on commission, or for
administration, or under any other obligation involving the
duty to make delivery of or to return, the same;

2. That there is a misappropriation or conversion of


such money or property by the offender or denial on his
part of such receipt;

3. That such misappropriation or conversion or


denial is to the prejudice of another; and

4. That there is a demand made by the offended party


on the offender.

10. The accused did then and there willfully, unlawfully, and
feloniously misappropriated or converted, to the damage
and prejudice of the private complainant, the money
received in trust for his own personal use, and failed
to deliver and return the same upon demand. Contrary to
law.

The undersigned executed this affidavit to attest the


truthfulness of the foregoing facts and to support the filing of
Criminal Cases against SAM YIN GLEE for Estafa under Article 315,
paragraph 1(b) of the RPC.

___________, this _____ day of __________, ____.

MARLON S. SANTOS
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of
_______ at _______________. I HEREBY CERTIFY that I have
personally examined the herein offended party and I am satisfied
that they voluntarily executed and understood their given affidavit.

_________________________
Administering Officer

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