They reduce the compensation to be paid by a scammer who was deceived by two of his victims and a third did not fall into the trap
The Civil and Criminal Chamber of the Superior Court of Justice of Extremadura (TSJEx) has reduced the compensation that a man convicted of continuous fraud must pay, by proving that two of his victims did not pay him, and that a third, as already was accredited in the trial held at the Provincial Court, he did not fall for the deception.
The Provincial Court, in full agreement of the parties, sentenced him to two years in prison and to compensate all his victims in the amount in which they had been deceived, the prison sentence being final, from the moment it was issued, not thus the civil liability of the condemned.
They declared as proven facts that the convicted person had been working until October 2014 as head of a sales team for a publishing house in Extremadura. Once out of the company, he took advantage of his client portfolio to trick them into contracting debts for the acquisition of other products.
So with one of them, to whom he had sold a collection of books, with the excuse that he had to sign some documents to receive two easy chairs and some books related to his first purchase, what he did “was cause the victim to make an error and make him contract a debt of 1,688.40 euros with a company that had nothing to do with Planeta, and about which the defendant did not say anything in that meeting”.
In reality, the accused made them sign a debt with a different company in which he was working at the time.
He used that same modus operandi with other clients, telling some that they were going to receive relax armchairs, others that they had to sign a guarantee for a television, previously acquired, and others that they were going to receive an update of books, when what they were doing was subscribing new debts.
Of all the victims, two managed to sign the contract, but they did not pay any fee, and a third refused to be compensated with the relax chair, so they did not sign any contract.
For this reason, now the Civil and Criminal Chamber estimates part of the appeal and assessing, again, what was swindled, the amount to be returned would be 7,864.20 euros and not 15,005 euros.
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