Crimes of misappropriation and fraud

The Supreme Court (TS) has confirmed the conviction of the accused for his actions in a real estate development of 20 single-family homes in Riogordo (Málaga). The case began in 2008, when the developer started the works and several homes were sold to different buyers. Some were even given keys and possession of the houses, although the development was not fully regularized (for example, without a final license), and a very fragile situation was generated for the buyers, who in several cases did not have deeds nor registration protection .

In 2010, the accused took over the developer (bought the shares) and contacted those who had already bought, asking them for more money with the idea of "finishing" the homes (for example, 8,000 euros per home). The problem is that, as it was proven, that money was not used to complete the works . In addition, he sold other homes to new buyers and, subsequently, the development ended transmitting to different companies without adequately informing about the reality, which is none other than that there were already occupied homes by previous buyers and that there were relevant burdens and prior situations. When the second company tried to take possession, it found occupied homes.

The accused appealed to cassation arguing, among other things, that the evidence had been misvalued and that they had been denied evidence that they considered important, invoking their right to effective judicial protection. The TS rejects those arguments and considers that the denied evidence was not pertinent (in part, because it referred to subsequent facts) and reminds that cassation is not meant to reexamine the whole case as if it were a new trial. Therefore, the conviction for aggravated misappropriation and for fraud in the sale of "burden-free" homes is upheld.

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