The third section of the Provincial Court of Cantabria has sentenced to one year and three months of imprisonment, a man who managed to take almost 600 euros with a credit card from another person and tried to make up to fourteen extractions at various ATMs without achieve its purpose.
The ruling, made public this Tuesday, thus dismisses the appeal filed by the defendant, Ramón LM, against the sentence issued by the Criminal Court No. 3 of Santander for a continued crime of fraud.
The court considers it proven that the defendant, after undeterminedly obtaining a credit card owned by another person, went, on November 21, 2006, to a cashier in Vargas street in Santander where, using the code that the owner of the card he had written on it, he made a first withdrawal for the amount of 100 euros.
One minute later, at 13.31 hours, he took out another 190 euros, and later that same day he went to different ATMs in Santander where, with the same card, he tried to make up to a total of fourteen refund operations that were unsuccessful.
In the same way, and about six in the morning of the following day, the accused went to the cashier of a bank branch located in the street Jesus of Monastery, where he managed to make another extraction for the amount of 300 euros.
Due to these facts, he was convicted and now the appellate court has rejected the appeal that the defendant filed against the judgment of the first instance when his authorship was proven.
It was recorded
Thus, the court rejects the allegation of the convicted person who in the appeal alleged that he was not the author of the extractions of money, denying that it was the person who appears filmed by a camera located in one of the ATMs, and who also alleged the existence of undue delay in the process after three years between the events and the prosecution.
Regarding the authorship of the crime, the court highlights the evidence that the card was used by the same person and that the camera of one of the cashiers recorded "perfectly" who tried to extract money, to the point that they are distinguished "perfectly "the face, face and neck of the person, since the image is in the foreground.
He also adds that this person is "exactly the same" as the one that appears in some photographs taken from a review of the Civil Guard corresponding to the year 2006, in which the extractions took place, both the consummated ones and those that were left in an attempt.
But it is also that the ruling shows that when the accused was asked in the oral proceedings if he recognized himself in the photograph, he said that yes, that was he, indications, in the judgment of the court, "more than relevant" no matter how much At present, the accused has lost weight and presented himself to the trial without glasses.
And although the defendant went so far as to claim that he could not be the author of the nocturnal extractions given that he was in the third penitentiary degree and slept in the jail on Calle Alta de Santander, the ruling indicates that it is an easily certified circumstance -bastaba certification of the director of the prison- that not even tried, and concludes that he has "no doubt" about the authorship of the accused who also sentences and imposes the costs of appeal.
And with regard to the allegation of undue delays in the process, the court also dismisses this ground of appeal, stating that it has not been done since one thing is that the events took place in November 2006 and were judged in the same month of 2009, " and another very different "that undue delays are seen as there have been no procedural paralyzes, or temporary lapses of procedural inactivity, but that some delays have been caused by the defendant himself not communicating his whereabouts and even these were of short duration.
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