The Supreme Court considers false house presents on the web to be an aggravated rip-off | Economy | EUROtoday

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The Supreme Court has thought of that false presents for rental flats printed on social networks represent a criminal offense of aggravated fraud.

In a ruling dated June 18 to which Efe has had entry, the Criminal Chamber rejects the enchantment filed in opposition to a ruling by the Superior Court of Justice of Madrid from April 2022.

The excessive courtroom thus confirms the conviction of the Madrid Court of a lady who, by the Internet, put a house on the rental market that was not hers, pretending that it was, at a reasonable value in comparison with others with related traits. , to get a person to make a financial institution switch believing it was actual.

The particular person noticed the house and, attracted by its very reasonably priced value, made a switch of 750 euros, though later “he realized that everything was a hoax, the house was not rented and the photographs of the DNI that had been given to him sent corresponded to the victim of another scam,” the magistrates indicate.

As the Provincial Court maintained, and now the Supreme Court ratifies, “in relation to aggravated fraud, it is based on the idea of ​​providing greater protection for essential goods such as homes, and is only appropriate when the fraud falls on homes that are intended for your own use, as a place of residence, where you can establish your domicile, since these are the only ones that can be considered essential.”

The behavior of the woman who placed the advertisement was intended to take advantage of “the need for housing that citizens have to rent properties in a context of rising prices.”

Hence, “what’s reprehensible from a prison perspective is the making of presents on the Internet promoting properties for lease, when the fact is that that property is just not for lease by the one who presents it on-line, nor does it have availability on the identical”.

This “exploitation in a context of need for access to housing” implies the existence of aggravated fraud, “reprehensible due to the exploitation that exists in those who act in this way through the Internet, or other forums, of offering apartments for rent to obtain a patrimonial enrichment and harm to people who demand a rental property at an affordable price.”

The magistrates indicate that “it’s significantly unacceptable that these deception formulation are used to acquire an financial profit from those that can also be in want of cash and who lack property during which to reside.”

This need makes them more exposed to falling into the trap, the ruling continues, and because of this need they are more exposed to falling into the trap of people who offer properties for rent that they do not have.

Therein lies, the Supreme Court points out, the aggravation of the scam, which causes undoubted economic damage but also moral and psychological damage, upon realizing that it has lost both the money and the availability of possession of the property that it intended, having to proceed to the search for another.

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