Court finds no fraud in non-payment of 70 tonnes of chia to Argentine companies

This Court of Alicante The businessman, who was accused of fraud in the importation of seventy tons of chia to the state of Alicante, was acquitted according to the sentence reached by this newspaper. The Tenth Division magistrates did not see the existence of a proven crime, nor was there a deception by the defendant to keep the goods. In this sense, lawyer Mois├ęs Candela, who defended the defendant, argued that this is a claim that needs to be resolved in legal jurisdiction. The defendant argued that a significant portion of the money went to cover storage costs. a Novelda ship.

The judgment considers that it was proved that the complaining Argentine companies offered the defendant to take responsibility for the two shipments of chia seeds, but under what concept the business was offered. If it is sold with a commitment to pay as sold; or if it were to be put up for sale as a broker. According to the sentence, the defendant disposed of at least some of the chia delivered to him without paying the price. However There is no evidence that he made any maneuvers to deceive. to the owners of the seeds to deliver. “In fact, chia was shipped to Spain before the defendant became aware of the export’s existence, he assumed responsibility from his arrival in Spain, where he came without a specific buyer or specific qualifications who could obtain it. To be able to access the European market,” he argues.

The Supreme Court magistrates are of the opinion that “there is no record other than the record” in this case. non-compliance with purchase paymenteither because he was unwilling to pay, or because his right to property and collection was not specified, “The decision emphasizes that this situation gives the accused a patrimonial advantage that cannot be considered lawful, but does not, until they are presumed to agree with the criminal-type elements of fraud and embezzlement”.

It so happens that a large part of the seeds were not even for human consumption, but pet food. The defendant assured that he was engaged in the import and export of food. from Argentina They made him a job offer to market the seeds in Spain. The defendant said he had warned them that he was not even authorized to import that food, so he had to find another company that had a warehouse to store the seeds. The initial aim was to use these seeds in the manufacture of different food products such as cookies, yogurt, and butter, and he found that the seeds were not even fit for human consumption, thus limiting the number of spots they could be sold. only for animals.

Source: Informacion


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