Yesterday, a 47-year-old self-employed craftsman from the kulmbach district had to answer for fraud at the kulmbach district court. He allegedly collected a deposit of 2400 euros from a customer for the installation of a fireplace in october 2017, but did not perform the work despite repeated requests from the client.
The witness and at the same time injured party from furth had therefore canceled the order and reported the craftsman for fraud because he kept putting him off and finally could not pay him back the down payment.
"first of all, I was ill for a few weeks due to an accident at work, and then my account was blocked by the tax office, explained the defendant. However, since he could have expected that he would not be able to use the down payment for the intended purpose at the time of the assignment due to his financial situation, this was a conditional intent, clarified judge sieglinde tettmann. "You’re not the first businessman to sit here for something like this. You certainly didn’t want to rob the witness of his money, you were trying to keep your business going."
Since the defendant was confessed, has already begun to repay the fine and has no criminal record, prosecutor holger gebhardt pleaded for a fine of 80 daily sentences of 35 euros each.
"Even without direct intent to harm, this case is a fraud", judge tettmann explained her verdict, which was in line with the prosecution’s demand. "You have cheaply accepted that your client’s money could be gone because of your financial situation. And it concerns a not insignificant amount."
He says it is now important to regularly repay the remaining amount that is still outstanding as part of an asset detention order, in order to avoid further costs, for example, through enforcement.