Court convicted an Alcoy art dealer of falsifying documents but acquitted him of embezzlement

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This Alicante County Court Ha prisoner whoever Senior partner and director of a company in Alcoy dedicated to the commercialization artworks to punishment six months’ imprisonment and a fine of six euros for three monthshe gives a figure of about 540 euros as the author of a book. falsification of accounts corporate crime. You will also have to pay one-third of legal costs. But, acquits him of the alleged misconduct and also imposes a mitigation for unnecessary delay in the process. Also, the court acquitted the seller’s daughter accused of another crime.

In this way, the final punishment given to the convicted person becomes final. much lower than what both the prosecutor and the special prosecutor’s office demand for him, run by three former partners. Ministry of Public He wanted 4 and a half years in prison. the alleged offenses mentioned above and a fine of approximately 2,800 euros, and two years for her daughter blamed him for it. He also demanded payment from both. A legal liability exceeding 680,000 eurosapproximate value of artworks involved in this process.

Court Gives what the accused claimed at trial as proven factsHeld in the Tenth Division of the State Court last May, in which both he and his daughter were represented by lawyer Álvaro Fernández Fuertes. The man, now convicted, revealed that he and three other partners, who left the company after serious disagreements with him, had a company for the sale of works of art, without clarification whether, as stated, they left voluntarily or were fired. The company has accumulated huge debts, so man He moved the paintings he owned to the estate of another company dedicated to the arts, run by his daughter, and used many of them as daciones en pago. To satisfy your creditors.

Many witnesses at the trial confirmed that this point had been made, and the sentence reached by this newspaper was considered proven. However, the Court “No exact or approximate record of the number or characteristics of the tables”, even from stocks issued as payment, which the company may own before the other partners leave. Then, It could not be determined that any embezzlement crime was committed or received by his daughter..

what remains accreditedinstead, the accused He falsified the 2007 accounts of the company he presented in the Trade Registry.. According to the sentence, “The contents of the accounts in question do not match the economic reality of the company known to the defendant”. In this context, it should be noted that At that time the prosecutor scratched the accounts as “fantasy”. In the end, it’s the only offense the defendant has ever been convicted of.

Mitigate unnecessary delay of the process

judicial process took 14 yearssince the former spouses of the convicted person filed their first application in July 2009. “Multiple related stays not attributable to the defendant”. In conclusion, believes it is appropriate to apply mitigation for unnecessary delayand impose”less than one degree of punishment legally provided for the completed crime, and within the range fixed in this way, at its lower limit“Therefore, the sentence was finally released within six months, which, among other things, won’t go to jail.

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