The Almeria Court has condemned three years and five months in prison to one women that, taking advantage of his work as waitress in a place in El Ejido, he took the bank card details of one customer to make purchases worth more than 51,000 euros.
The sentence of the Third Section also imposes the payment of a eight month fine with a daily fee of 12 euros and forces compensate the victim with the exact amount disappointedwhich amounts to 51.464,92 euros.
The proven facts show that the accused got the card numbering between May and June 2021, while working at the establishmentand linked this data to his personal account in the home delivery application Globo.
From June 2021 to July 2022, the processed performed 1,385 orders charged to the account of the injured party. The victim did not notice the fraud until July 29, 2022, when he attempted to carry out a pay and his operation was denied due to lack of fundsat which point he discovered the numerous unauthorized charges.
During the trial, the defense alleged that there was a romantic relationship between both and that expenses were consentedan argument that the court has rejected due to lack of evidence and considering “absolutely disproportionate” a monthly expense of almost 4.000 euros in home food under that pretext. The ruling considers the waitress author of a crime of fraud aggravated by the amount, since the amount stolen exceeds 50.000 euros.
