Viña Tacama marketed its products with the client Carlos Alberto Torres Cabrera together with his partner Fabiola De la Cruz, who, after gaining his trust, was able to obtain the benefit of a line of credit. However, when the payments were not duly cancelled and facing the company’s requirements, the defendant handed over bills of exchange to guarantee payment and wrote four deferred payment cheques for the amount of S/. 45,850.00 each.
In relation to the first three cheques, other proceedings were followed and in relation to the fourth cheque, a complaint was filed against Torres Cabrera for the commission of the offence of improper issuance of cheques and for the commission of the offence of fraud against Torres Cabrera and Fabiola De la Cruz.
After participation in the investigation and presentation of supporting documentation, the Public Prosecutor’s Office formalized the investigation for the aforementioned offences, which was accepted by the Court.
After the additional investigation, the Public Prosecutor’s Office issued an opinion that Carlos Torres Cabrera should be charged with the offences of improper issuance and fraud, and that the case against Fabiola De la Cruz should be closed, as it was found that the bills of exchange in her name had been forged.
After the oral interview held before the Court, we have been notified for the hearing for the reading of the sentence against Carlos Alberto Torres Cabrera and the case against Fabiola De la Cruz has been definitively closed. In the sentencing hearing, the defendant was sanctioned with suspended imprisonment for two years and with the payment of a civil reparation as well as the devolution of the cheques not paid with the condition that in case of non-compliance the suspension of the imprisonment will be revoked. The defendant has reserved their right to appeal the decision. It is pending the confirmation of a possible appeal.
With this new decision, a favorable result has been obtained for the client in all criminal actions brought against Carlos Alberto Torres Cabrera.
