La Audiencia de Badajoz has sentenced a man to two years in prison for a continuous crime of aggravated fraud and another six months for theft after he systematically drained 61,900 euros from his romantic partner by exploiting her trust and fabricating financial emergencies.
The Bottom Line
- The court imposed a total prison sentence of 2.5 years, alongside a six-month daily-quota fine, after an agreement was reached between the prosecution, private prosecution exercised by José María Cerón, and defense counsel María José Pons.
- The offender must return the full 61,900 euros, having already paid 10,500 euros prior to the trial, with the remaining 51,400 euros scheduled across 102 monthly installments of 500 euros.
- The prison sentence is suspended on the condition that the defendant commits no further crimes over a five-year period, undergoes treatment for his addiction to gambling, and strictly maintains the civil liability payment schedule.
The Anatomy of a Relationship Fraud
The criminal enterprise began in 2021 during the course of the couple’s relationship. According to court records, the defendant approached the victim “guided by the purpose of obtaining an illicit benefit” and requested an initial loan of 8,000 euros, which she provided.
Just days later, the perpetrator returned with a request for a second loan, this time totaling 35,000 euros, claiming the capital was required to cover job-related expenses. The victim withdrew the funds from her financial institution and delivered the cash directly.
To establish credibility and secure deep trust, the man signed two private loan agreements totaling 43,000 euros, promising full repayment within one month with no intention of fulfilling the obligation.
| Financial Extraction Method | Transaction Details | Amount (Euros) |
|---|---|---|
| Initial Formal Loans | Two private loan agreements signed in 2021 | 43,000 |
| ATM Cash Withdrawals | 15 unauthorized transactions between August 8 and October 28, 2021 | 8,010 |
Exploitation of Personal Trust and Digital Access
Proximity allowed the perpetrator to observe the victim utilizing her credit card. Having memorized her PIN code, he proceeded to execute 15 fraudulent ATM withdrawals ranging between 10 and 900 euros each between August 8 and October 28, 2021, accumulating a total of 8,010 euros.
Financial extraction extended beyond card use. The defendant charged 50 euros in fuel to her accounts, transferred 300 euros directly to himself, initiated a 500-euro financing service via her mobile banking application, and liquidated a personal investment fund worth 2,000 euros, routing the proceeds to his personal balance.
Furthermore, the defendant took 7,790 euros stored in envelopes within the victim’s home office and removed 300 euros from a household piggy bank.
Judicial Concessions and Prior Criminal Record
While the prosecution and private prosecution initially pursued a seven-year prison sentence, the final plea agreement reduced the term. The court factored in a simple mitigating circumstance for damage repair and an analogical mitigating factor concerning gambling addiction—a condition previously acknowledged by the same court during a September 2023 ruling.
The defendant carries a prior final conviction for defrauding 160,000 euros from three octogenarians in Medina de las Torres. He has also been judged for defrauding an elderly woman of more than 2,700 euros, alongside multiple pending judicial proceedings for comparable offenses.
Suspension of the custodial sentence remains strictly contingent upon maintaining a clean criminal record for the next five years, undergoing treatment for his addiction to gambling, and meeting every installment of the restitution agreement. Failure to comply will immediately revoke the suspension, triggering incarceration.
Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute financial advice.
