Canary Islands Court Upholds Sentence for Rental Fraud
The Superior Court of Justice of the Canary Islands (TSJC) has upheld the sentence imposed on a man who pretended to be the owner of a flat. The sentence includes three and a half years in prison, a fine of €1,080, and the obligation to refund the €690 he charged a woman for the rental of the property. Furthermore, he must compensate the victim with €500 for moral damages.
Earlier this year, the Santa Cruz de Tenerife Court found the accused guilty of aggravated fraud and imposed the aforementioned penalties, which have now been confirmed, considering he had previously been convicted on three other occasions for the same offence.
The accused, aged 40, pretended in July 2023 to be the owner of a property in La Laguna and contacted the victim, who intended to use it as her primary residence.
Transfers
The victim’s mother was the one who contacted and negotiated with the accused, believing that she had full access to the property. She made two transfers, one of which was €450 as a reservation fee to the accused’s account.
A week later, she made another transfer of €240 to an account held by what was then the accused’s girlfriend, who was initially also prosecuted but later was acquitted as it was not demonstrated that she acted in collusion with her ex-boyfriend or profited from the stolen money.
In the appeal made in the second instance, it was argued that the possible non-payment of the fine should be compensated with community service rather than imprisonment.
The TSJC rejected the appeal, stating that the facts established “are correctly reasoned,” and agreed with the prison sentence given the defendant’s criminal history.
The request was also denied as it was deemed certain that he would enter prison, rendering him unable to perform the proposed community service.
The man had previously been convicted for fraud on three occasions in 2022, receiving several months’ imprisonment, fines, and permanent location requirements. His entry into prison had been suspended for two years, a condition he violated when committing this latest crime.
