The Audiencia of Malaga has condemned two men for cheating almost 23,500 euros to a company dedicated to marketing boat trips, since they booked and paid the bills issued by said firm through bank cards associated with accounts whose owners were unaware of such operations.
As proven in the judgment, in September 2010 the injured party, as administrator of the firm, filed a complaint with the Civil Guard because unknown persons had purchased tickets from their company to travel to different parts of the national geography.
These people, points out the resolution of Section Eight, to which Europa Press has had access, had used the numbering of credit or debit cards “that did not correspond to them and without knowledge of the real owners of the same”.
When the fraudulent use of such means of payment by the holders was subsequently reported, “once the tickets were issued and used,” the company suffered the corresponding damage by not receiving the payment of the same.
The investigation determined that “very diverse cards associated with Spanish, but also German, American, French, and Italian banking entities” were used for the acquisition, whose numbering had obtained one of the defendants “by unknown means”.
These accounts were related, along with the data of their respective owners, on their personal computer, along with bank information and access passwords, “being evidence that they accessed the company’s website to buy tickets with them.”
This caused an injury to this entity, “because the owners of the cards denounced the irregular use and did not cash, as is logical, the amount of the purchase of the tickets”. In the oral trial the damage was set at 23,491.43 euros.
The other defendant acquired, according to the resolution, tickets through this irregular means value of 442.50 euros between August and September 2010.
Some of the numbers of the cards used irregularly were also used for the payment of sanctions imposed by the General Directorate of Traffic, but in the majority of the occasions there was no effective damage, since, denounced the fraud derived from the unconscionable use of the card, the agency in question continues with the process leading to the collection of the subsequent fine.
In this sense, the ruling considers that those who gave money to the first accused “to get rid of fines, they were knowing that it was an irregular system, not being able to claim to have been cheated by it”, pointing out that this issue is in another judicial proceeding.
For these facts, the two accused are convicted of a crime of fraud, applying the circumstance that mitigates the penalty of undue delay, imposing each one a penalty of six months in prison. Also, they are sentenced to indemnify the company in the amount of 23,491 euros as civil liability.