The Public Prosecutor’s Office requests a total of 8 years in prison for two people – 5 years for one and 3 years for the other -, plus a joint compensation of 105,000 euros for civil liability, as they are accused of two crimes of fraud over a … retirement policy, for which they will be judged this coming Wednesday, May 8.
According to the indictment, the events date back to 2012, when one of the accused, MAL, “took advantage of his position in the Profisegur brokerage, of which the company Repro Estudio Desarrollo Gráfico, of which he was a representative, was a client. and co-owner, the injured JMO, began to take charge of the company’s products,” Europa Press reports.
Then “he advised the injured party to change the Aviva Vida y Pensiones retirement policy and subscribe to a different plan, something he did on December 1, 2012, for a premium of 105,000 euros.”
In this new plan, the Prosecutor’s Office continues, “a monthly payment of 289.22 euros was agreed upon with a first payment on December 31, 2012, and that it could be redeemed as of November 30, 2017.”
Then “with the intention of defrauding him, on February 13, 2013, MAL requested reimbursement of the policy by falsifying the signature of the injured party and had it deposited into an account that did not belong to the injured party but to FJC, an account that was canceled shortly after.” to make the entry.
To “hide the scam”, MAL “continued to act as if the policy was still in force, making the deposits of 289 euros and notifying him that Santa Lucía was changing to a shareholder in Aviva in September 2017.”
As “the payments are irregular”, the injured party “contacts Santa Lucia and finds out what happened.” After that, an expert report showed that the injured party’s signature had been forged by MAL.
For the prosecution, these facts constitute a crime of fraud “in conjunction with a crime of falsification of a commercial document”; and another crime of fraud according to article 250 of the Penal Code.
For the first, MAL is considered responsible, and for the second, FJC, both as author and without circumstances modifying criminal responsibility occurring in either case.
For this reason, the Public Prosecutor’s Office indicates that it is appropriate to impose a sentence of 5 years in prison on MAL; and FJC a sentence of 3 years in prison. Both defendants will also “jointly and severally compensate the amount of 105,000 euros stolen from the injured JMO.”
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