The Second Section of the Provincial Court of Valencia has condemned a couple, owners of a bar located in the town of Pedralbato three years in prison for a crime of fraud and compensation with more than eleven million euros to a client who was convinced to share the prize she had won in the National Lottery’s Father’s Day drawing after being assured that there was no way of knowing which was her tenth of the three they kept in the store.
The sentence to which ABC has had exclusive access describes the strategy “concocted” by both convicts “with the intention of obtaining a financial benefit” from the money of the tenth of the number 39,813awarded with 15 million euros to the fraction and the series. In addition to this ticket, there were two other winners of 130,000 euros in the series, so they persuaded the winners to divide the sum of all of them into four parts.
The judge has decreed that of the 11.15 million euros in compensation, 7.4 go to the complainant and 1.8 to each of her two children. As specified in the resolution, these amounts will also be liable “jointly and severally” with the direct civil responsible, as “participants by lucrative title», the rest of the beneficiaries from the distribution of the prize. Specifically, among six people who did not commit the crime but benefited without knowing it, they will pay 9.25 million.
According to the story reflected in the sentence, the complainant played the lottery individually every week with the same number, without third parties participating except for her children, whom she did intend to share in the prizes that she could win. I bought the 10,123 and the 12,396 plus a random additional one. That time he chose 39,813a number that the hostess also acquired weekly with a friend and, in parallel, another client, who in both cases entrusted the tickets to the manager so that she would keep them in different stores kept in the bar.
It was on March 12 when the complainant and resident of the town of Pedralba bought the tenth in the convicts’ bar, currently closed and for sale. However, knowing that he would not be able to go to town the following week, he gave it to the hotel owner to keep it, an action that she regularly carried out with the most regular customers. In this way, the accused was left in custody of the folder with the tenths, both that of the affected woman and the other two.
The draw took place on March 18, 2017on the occasion of the celebration of Father’s Day by the National Lottery. Since she was aware that the tenth she had in her possession corresponding to the third fraction, fifth series had been awarded, “with the intention of obtaining a financial benefit and in execution of a preconceived plan devised with her husband», he contacted the real winner to inform her that the ticket had been awarded and asked her to appear at the premises, always according to the narration of the magistrate’s ruling.
A few hours later, he arrived at the bar and, at that moment, the owners closed it by putting the leg of a table in the door so that no one could enter. It was then that they showed him the three prize-winning tenths that «had intentionally grouped and, “despite knowing that the winner was hers,” they told her that “they could not know who was the owner of the special prize” and “that if she wanted to collect she would have to share the prize with the other three people who were playing said prize.” number”, always according to the ruling.
In response to these statements, in accordance with the literal wording of the aforementioned sentence, the victim – “nervous about the news and unaware of any further information” – gave her consent and, once the objective was achieved, the bar managers contacted the Two other people that the accused herself referred to had been awarded the prize, who were also unaware of any further information and to whom she informed separately that “everyone had agreed to distribute the prize equally.”
“Machination” of the plan
Thus, as a result of the “machination” perpetrated, on March 20, 2017, “in a hasty manner” as detailed in the sentence, the accused carrying the three tenths, as well as the four winners and their immediate family members, including children, They went to a notary located in the town of Lliria to formalize the minutes of demonstrations, in which the distribution of the prize was recorded, “with the complainant’s agreement”, since “they had made her believe that it was not known which tenth was the winner of the series and the fraction.
Image of the premises where the condemned bar was located in Pedralba
As a result of this plan drawn up by the convicts, the victim and her children suffered a “significant financial loss”since the prize would correspond in full to them when they only received a quarter of said amount, that is, 3.7 million euros, according to the sentence. In this way, in light of all the above, the magistrate has punished the owners of the bar as criminally responsible as authors of a crime of fraud of articles 248, 249 and 250.1.5 of the Penal Code, to which three-year prison sentence and special disqualification for the exercise of the right to passive suffrage.
Against this resolution it is possible to file appeal before the Superior Court of Justice of the Valencian Community, to be presented before the Second Section of the Provincial Court of Valencia within ten days from its notification, dated Monday, October 28. The injured parties filed the complaint on November 28, 2017 as the beginning of a procedure that has lasted six years and almost six months, which they consider to have been “notably disproportionate” in relation to the “low complexity” of the case.
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