Mobile phone sale

An individualbought a high-end mobile phone using a second-hand buying and selling app, Wallapop, and paid the seller bybank transfer. Unfortunately,they never received the phone nor were able to contact that person again. After investigation, it was discovered that theholder of the bank account already had a record for fraud. This account holder, in their defense, claimed that theiridentity had been stolen when the account was opened, but failed to prove it with evidence.The case went to a criminal court, which convicted the accused

of aggravated fraud, as they already hadprevious convictions for the same offense. They were sentenced to prison and ordered to refund the money to the buyer. The convicted individual appealed to the Provincial Court, but the conviction was upheld.background for the same offense. He was sentenced to jail and ordered to return the money to the buyer. The convicted person did not agree and appealed to the Provincial Court, but the sentence was upheld.

The defendant then filed acassation appeal before the Supreme Court (SC). His argument was that there had been anerror in the assessment of evidence and that there was not enough evidence to consider him guilty, also stating that his right topresumption of innocence had been violated. However, the SC recalls that in these cases, appeals are only admitted if acriminal law violation is alleged (due to an error in the application of the law), not based on how the evidence was assessed, which had already been settled in previous instances.

The SC reviewed the case, theaccount to which the money was sent wasin the defendant's name, and he did not providesolid evidence to prove that he had been a victim of identity theft. It was clear that there was anintent to deceive, a profit motive, and that the buyer was the one harmed, thus meeting all the requirements for the crime of fraud.

Finally, the SC dismissed the appeal and confirmed the sentence imposed at first instance, making it clear that in these cases,there is no room to discuss the evidence again and the presumption of innocence, as the convicted person intended.

Our lawyers can provide you with the appropriate advice and exercise the defense of your interests in proceedings arising from acts that constitute or may constitute a crime