When she traded in vehicles, a woman living in Montchevrel (Orne) had to deliver a Land Rover. She did not do so, but kept the deposit of 62,000 euros.
The Court of Appeal of Caen (Calvados) sentenced, this Wednesday, September 2, to two months in prison suspended a woman based in Montchevrel (Orne). This former salesperson was prosecuted for breach of trust after the sale of a Land Rover. A vehicle whose color the victim never saw, nor the € 62,000 invested in the case.
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The facts already go back to 2015, the year when this Norman, born in Mortagne-au-Perche (Orne), decides to go to the south of France with her spouse. AT Alès (Gard), she entered the car business with an LLC of which she was the sole partner. At the end of this first year of activity, the sale of a Land Rover takes place for a price of € 82,000.
62,000 euros down payment
The purchaser must then pay a deposit of € 62,000 while waiting to pay the remainder of the sum on delivery of the vehicle, scheduled at the city garage. But this delivery is postponed a week the first time, then a second. The man decides to cancel the sale, asks for his money back and ends up filing a complaint.
In the weeks that follow, the SARL finds itself in insolvency and is then placed in liquidation. Her manager changing her address several times, she was not heard until February 2017. After returning to Normandy, she explained that the cancellation of the order had automatically lost the deposit.
"This is the law in the automotive world."
At Wednesday's hearing, the 37-year-old defendant defended it was the "only sale that failed. It was the end of the year, I was in serious financial difficulty. I mismanaged, that's the problem. One thing leading to another, I found myself drowned ”.
In front of the victim, who will not intervene, she adds.
“I didn't think I was going to steal from people. I understand he's angry, but if I had the money, of course I would have given it back. "
But the sum was injected to pay off the debts of this former real estate negotiator.
"She knowingly defrauded"
Deploring a "sanitized version" of the case, the lawyer for the civil party, who had not appealed, thinks on the contrary that she "knowingly defrauded and took advantage of Mr. (…) We are there, five years after the facts. Honesty is answering the phone, not just disappearing into the wilderness without leaving an address. "
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"You would think she was a con artist at the head of an organized gang, we are in defamation! ", Annoys the defense lawyer, who believes that the" intentional element "is lacking in this case. He regrets that the other vehicle buyers, "which were delivered successfully", were not interviewed as part of the investigation. The lawyer, who pleads for the release, also recalls the context of this "race for cash which is the sad and everyday banality of small and young businesses".
Sentenced to four months suspended at first instance, the woman, who has since been converted into a family assistant, sees her sentence reduced to two months suspended. The court followed the advice of the Advocate General by extending his ban on the exercise of a commercial or industrial activity to five years, from three previously. The second judges also allow the request for exemption from registration in the criminal record.
SH (PressPepper) for Le Réveil Normand