ALMERIA man sentenced to 18 months in prison after hiring three excavators worth € 114,000 and then stopping payments
A man from Almeria was sentenced to 18 months in prison by the Supreme Court, with an eight-month fine of € 8 per day, for leasing two excavators and a mini-excavator, then arresting them. payments, keep machinery worth over € 114,000.
The High Court dismissed the cassation appeal lodged by the defendant against the conviction of the Almeria provincial court which had convicted him of an aggravated crime of embezzlement.
The resolution of the tribunal, seen by Europe Press, indicated that the fact that the initial leasing contracts which gave rise to the delivery of the good “were the subject of a novation by means of a new contract, does not change anything in the legal relationship between the parties, because it is the characteristic of the lease agreement whereby the lessor gives temporary possession of the thing, in exchange for the price, and the lessee is obliged to return at the end of the contract, provided that he does not use of the purchase option at the end of the lease term ”.
“The rental contract is an appropriate title to generate a misappropriation offense in the event of the tenant’s breach of the obligation to return the goods, by incorporating them into his heritage, and we have been proclaiming this for many years”, specifies the document .
The Supreme Court held that it can only be accepted after more than nine years without restitution of the leased property, “it is intended to make people believe that there has been no will to appropriate it”.
“The documentary provided by the bankruptcy administrator proved that the machines had never been available to him. In the bankruptcy proceedings itself, there was a judicial requirement for the machines to be returned to their rightful owner within 30 days, and this was not complied with, resulting in the conclusion that two machines were in Morocco. , and the third is in the batch of a friend who was not accessible, ”says the resolution.
The judgment adds that the defendant himself acknowledged the failure to deliver after such a long period of time, thus concluding that the applicant’s behavior “constitutes a definitive violation of the obligation to deliver and implies an appropriation of the goods as final”, as reported by diariodealmeria.es.
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