Prison call for two defendants for selling the same property twice

The Provincial Court of Toledo is hearing evidence against two defendants from today, identified as JPF and MPG, accused of selling the same property twice in the municipality of Recas (Toledo). The Prosecutor’s Office is asking for three years and six months in prison for each defendant for aggravated fraud.

According to the prosecution’s document, the accused, JPF, being sole administrator of the company, Estrella y Luna de Fátima SL, formalised in October 2007, in the town of Yuncler (Toledo), the sale of the urban plot located in the municipality of Recas and registered in the property registry of Llescas with property number 9906, the buyers being RRP and CPG, the accused assuming the obligation to build the house and deliver it within a maximum period of three months from December 2008, and being given as a deposit the amount of 75,127 euro.

Despite this agreement, the defendant, on May 13, 2008, in prior collusion with the also accused MPG, in its capacity as sole administrator of the company Excavaciones Derribos y Obras SL and with the latter being aware of the prior contract entered into in October 2007 between Estrella y Luna de Fátima SL and RRP and CPG, already knowing that their conduct would frustrate the legitimate expectations of the latter, proceeded to carry out, with the intention of unjust enrichment, the sale of property 9906 again.

As a result of the events referred to, RRP and CPG never received the property and the sum of 75,127 euro was not returned to them.

For the Public Prosecutor’s Office, the above facts constitute a crime of aggravated fraud. Alternatively, for the prosecutor, the facts reported constitute a crime of improper fraud of double sale of property. The accused are responsible for the offence as co-authors.

For all these reasons, the prosecutor is asking for a sentence of three years and six months in prison for each accused, special disqualification from the right to passive suffrage for the same period, and a fine of ten months at the rate of twelve euro per day and payment of the procedural costs.

In terms of civil liability, the defendants are requested to jointly and severally indemnify RRP and CPG in the amount of 75,127 euro, which must be increased according to the corresponding legal interest in accordance with the Civil Procedure Law.