Fraud offense
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Sufficient deception in the celebration of a criminalized legal business
The Supreme Court (TS) has confirmed the conviction of a person for a fraud offense , considering it proven that he deceived another into making transfers for computer equipment that he never delivered.
According to the facts, in August 2017 the accused contacted the victim and offered computers and televisions at a price below market value. To make it sound credible, he justified it by saying he could obtain discounts from “promotions” from distributors. Basilio trusted that explanation and made two bank transfers totaling 2,850 euros. The accused collected the money, but neither delivered the products nor refunded the amount, causing direct economic harm to the buyer.
The case went through several phases, first there was a conviction in the court of the criminal, then the Provincial Court acquitted it on appeal, and finally the Supreme Court, after an appeal by the Public Prosecutor's Office, revoked that acquittal and reimposed the sentence. The
key for the Supreme Court is that it was not a simple "civil" breach of a deal, but a deception sufficiently effective for the victim to pay, combined with a "dolo" (intention) from the outset, the accused set up a sham sale , but with no real intention of fulfilling it, only seeking to keep the money . The crime is considered completed when the victim pays for the deception and the financial harm occurs. Consequently, the
penalty is maintained , the disqualification for the right to passive suffrage during the sentence and the obligation to compensate the victim plus interest. Our lawyers guarantee the defense of your rights in actions arising from facts that could constitute a crime.
Our lawyers guarantee the defense of your rights in actions arising from facts that may constitute a crimeCONTENIDO RELACIONADO
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Misappropriation
Instrumental transmission of social shares to operate bank accounts
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Crimes of misappropriation and fraud
Misappropriation of amounts delivered to complete a housing promotion The case revolves around a real estate promotion in Riogordo (Málaga), consisting of 20 homes, managed by a promoting company. In the first stage, two people were listed as joint administrators (although one of them handled the daily management). Between 2008 and 2009, several homes were sold and buyers delivered amounts on account. Some were even given the keys, despite the fact that the work was not actually finished (it was said to be 90% complete), no deed was granted, and the construction company ended up abandoning due to non-payments. The result was that buyers found themselves living in houses without deeds and without a clear situation in the Registry. Some time later, those administrators sold their shares and a third person entered as the sole administrator. This new administrator was aware of the previous problem, but still asked some buyers for additional money (for example, 8,000 euros) on the argument that it was to complete the promotion. The relevant point is that this money was not used for what was promised nor was it returned. Furthermore, between 2010 and 2011, new sales of homes occurred under similar conditions, and later the entire set of 20 homes was sold to another company, generating a serious conflict between those who had bought earlier and those who appeared later as titleholders. The Provincial Court acquitted the first two administrators (it was not proven that they had diverted the money), but convicted the last one for aggravated misappropriation and fraud. The Supreme Court (TS) confirmed the conviction and rejected the appeal as it did not accept reopening the evaluation of the evidence and considered the denial of new documentation correct because it referred to subsequent facts and was not relevant to what was judged.
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Union law
The CJEU supports the Amnesty Law for normalizing the situation in Catalonia
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