The Provincial Court of Santa Cruz de Tenerife has condemned still lawyer native of Almería to ten months in prison and return 17,050 euros plus the interests to one client from La Laguna who gave him that amount of money to manage a divorce and then got scammed. The room has taken into account the highly qualified mitigation of damage repair, in that before the trial it already delivered the defrauded money.
The Public Prosecutor’s Office modified its initial conclusions by taking into account that the amount defrauded had been repaid, and requested the disqualification from practicing as a lawyer during the time the sentence lasts, as well as a fine of 450 euros. For this reason, a judgment of conformity between the parties was finally accepted, with which it is final.
The lawyer had been sentenced on two previous occasions by the Criminal Courts of Almería for the crimes of misappropriation, on one occasion to one year and six months in 2015, and in 2017 to one year and nine months, on the other. The latter sentence was suspended for a period of three years, as long as he did not commit a crime again in that time.
Now the Provincial Court of Santa Cruz de Tenerife considers it proven that he took advantage of the trust placed in him by a woman who hired his professional services to process a divorce before the courts, and obtain ownership of the house that she kept with her husband.
In order to obtain illicit enrichment, on July 5, 2019, he requested various amounts up to the aforementioned 17,050 euros, making him believe that it was a provision of funds.
In this way, the victim made deposits in the defendant’s account during July and August of that year for a value of 250 euros, 1,800, 8,500 and 6,500, without carrying out any type of compromised management or returning the money until the complaint was filed. demand.
Before the trial took place, the defense and the Public Prosecutor reached an agreement to accept the aforementioned sentence, taking into account that at that time the money had already been returned.
