The TS condemns a car salesman who charged cash and simulated loans with customers without his knowledge

The TS condemns a car salesman who charged cash and simulated loans with customers without his knowledge

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The magistrates emphasize that he committed himself to crime of fraud

The magistrates emphasize that he committed himself to crime of fraud

He was collected in cash and then he with the exception of other people without his consent and using false documentation.

In addition to this, you will be able to finance the following transactions.

The Criminal Chamber of the Supreme Court has ratified the sentence handed down on November 25, 2016 by the First Section of the Provincial Court of Santander for which it sentenced Fidel SCB and Consuelo GA to three years and at the end of 840 euros and two years and four months plus at the end of 720 euros, respectively, for the continued offense of aggravated fraud in mediation with another of continued falsehood in commercial documents.

Fidel SCB to compensate the financier in the amount of 63,500 euros plus legal interest, as well as another 52,798.32 euros in solidarity with Consuelo GA to the concessionaire. the vehicles obtained illegally and not returned.

Fidel SCB took advantage of the fact that it was commercialized as a dealer of the Renault brand in Santander. 23.5, 19.500 and 21.000 euros, which could later be the same as your own or your own recognition.

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ILLICIT ENRICHMENT

On the other hand, with the purpose of “illicit enrichment” and in agreement with the same dealer without paying the price of the same and without “intention to do so”. Fidel SCB worked, their amounts were financed using the same method. Some of these vehicles were sold, and the dealer could be recovered and returned to the Renault dealer.

Due to the delay of the procedure, which began in November 2005 and has been paralyzed on several occasions.

The high court recognizes that “periods of paralysis that are admissible and that have resulted in the accused – and also the injured – have been pending a final judicial decision for a long time, excessive and disproportionate” it is proportionate to the degree of culpability and the seriousness of the facts, so it does not accept the request for the reduction of the same as requested by the appellants.

Likewise, the sentence of which Joaquín Giménez García has been a speaker highlighting the evidence of the “direct intervention” of both convicts.

“INSIDIOUS MACHINING”

The Supreme Court emphasizes that the crime is justified because the deception is “enough to produce error in another (…) sufficient and proportionate for the achievement of the ends pursued.” It is a “series of insidious machinations through which the agent is attributed power, influence or supposed qualities (…) as a stimulus to trigger the fraudulent transfer of assets”, add the magistrates.

In this sense, the sentence is forwarded by Fidel SCB, which stated that “it is not strange” that a card was displayed in one of the commercials , therefore, it is “incorrect” to deduce that was part of the plot. In this line, he said that he was a member of the Board of Directors.

Finally, the condemned alleged that the financial institution did not fulfill its duty of self-protection and acted with “negligence” and negligently, since, in its opinion, it could have demanded chassis, including the price of the model. However, these claims to understand that this loan was meant to ensure that the loan was to be paid and therefore demanded for payrolls and guarantees, not the type of vehicle that was sold.

To be this, who is a worker of the financial, who is an important part of their performance and is based on trust. It was Fidel SCB “who took advantage of such confidence in the financier”, concludes the Supreme Court.