The Madrid Public Prosecutor’s Office requested sentences of up to seven years in prison for two defendants for an alleged fraud committed in May 2020, in the midst of the COVID-19 health crisis.
The Public Prosecutor believes in the indictment that the facts constitute a crime of fraud stipulated in Articles 248 and 250 of the Penal Code, and attributes responsibility to both defendants as they are partners in its authorship.
For one of the defendants, the mitigating circumstance is taken into account to repair the damage, while for the other, the aggravating circumstance is applied to him, which is recidivism, provided that he has a previous conviction for the crime of fraud.
In economic matters, the Public Prosecution demands that the defendants, jointly and severally, compensate LMR Sales and Research SL in the amount of 86,063 euros, which is equivalent to the funds not returned, plus statutory interest.
According to the indictment, the shortage of sanitary supplies during the first months of the pandemic prompted the company Prevention Cadena del Frío y Protección SL to order 500,000 nitrile gloves through MSM Á., director of LMR Sales and Research SL.
The latter contacted accused AR, who was going to propose – in an alleged agreement with AA – to carry out the operation through the company Imovitech World SL, managed by AA.
The Prosecutor asserts that both defendants acted with the initial intention not to provide the materials, despite the appearance of the contrary. On May 11, 2020, the purchase of 10,000 boxes of gloves was formalized, for a total amount of €127,050, paid in two installments to the account of Imovitech World SL. However, according to the prosecution, the gloves were never delivered.
After multiple complaints, the selling company returned the amount of 41 thousand euros on June 1, 2020, without later refunding the rest of the money or providing any explanation.