The Sixth Section of the Provincial Court of Las Palmas Two men will be tried next Wednesday, accused of an alleged crime of fraud, for keeping the money from the sale of a house from a couple of brothers that they had inherited.
The property located on Calle Salvador de Las Palmas de Gran Canaria was valued at the amount of 630.970,03 eurosbut had a mortgage on it dated February 22, 2008, in favor of the Banco Pastorfor an amount of 90.000 euros. For this reason, the brothers had to guarantee said operation with the constitution of a pledge guarantee of 10,000 euros to apply it to the payment of the obligations. In 2011, the brothers stopped paying the mortgage payment, for which reason a foreclosure procedure was instituted that fell to the Court of 1st Instance No. 16 of Las Palmas.
They took advantage of the brothers
“In May 2012, the defendant Juan CSM in agreement with the defendant Manuel AGBboth without criminal records, with the intention of obtaining illicit enrichment through deception and with a preconceived plan, were in charge of the sale of said property, without intending to later deliver the money received to both brothers and since said property was up for auction judicial”, explains the Public Prosecutor’s Office in its indictment.
According to the Prosecutor’s Office, the defendants acted knowing that said property was affected by a foreclosure procedure. In addition, both Juan and Manuel knew that both brothers had little academic training.. So they proposed an agreement that they had to leave the property and in exchange they would give them a rental house where they could live, in the Almatriche area, without paying anything for it.
Six years in prison and compensation of more than 600,000 euros
The defendants sold the house on behalf of the brothers on April 4, 2013 for an amount of 260.000 euros and presumably kept the money. To make matters worse, the victims had to leave the Almatriche house when they were evicted because the defendants did not pay the rent.
The Prosecutor’s Office requests for the two men a sentence of 6 years in prison and special disqualification, for the exercise of the right to passive suffrage during the time of the sentence and a fine of 20 months with a daily fee of 10 euros. In addition, if found guilty, they must pay the procedural costs. The Prosecutor’s Office also requests that they be sentenced to jointly and severally indemnify the brothers in the amount of 630,970.03 euros plus the corresponding legal interest.
