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Prison for estate agent for misappropriation of house deposit

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The Second Section of the Court of Navarra has sentenced the sole administrator of a real estate company in Viana (Tierra Estella) to 1 year and 6 months in prison and a fine of 1,920 euro who appropriated 38,600 euro contributed by the buyer as a deposit.

According to the sentence, which has been handed down in accordance with an agreement between the prosecution, the private prosecution and the defence, the 42-year-old defendant deposited, prior to the trial, 21,100 euros to cover part of the civil liability, which is why the sentence for the crime of misappropriation committed has been estimated as mitigating compensation for the damage.

As reported by the Superior Court of Justice of Navarra, on November 13, 2012, the accused agreed with a developer to sell or lease, among others, a property in Los Arcos with a parking space.

In November 2021, a woman contacted the real estate company owned by the defendant to purchase the aforementioned home. She signed a contract and as a deposit she gave 10,400 euro. Since the purchase and sale contract could not be signed on January 25, 2022, another deposit contract was entered into again on December 30, 2021.

The complainant made a new transfer of 10,400 euro on January 4, 2022 as a deposit, as well as 2,500 more for the management of funds. In addition, two receipts were issued by the real estate agency on January 5 for the amount of 12,800 and 2,500 euro.

Finally, the property purchase contract was not signed.

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