Viña Tacama is the first vineyard in South America, created in the 1540s in the Ica Valley, Peru.
Our client marketed its products with Carlos Alberto Torres Cabrera, who, after gaining the trust of the client, was able to obtain the benefit of a credit line to obtain the products with the possibility of subsequent payment. However, when the payments were not duly cancelled and facing the requirements of the company, the defendant wrote four deferred payment checks for the amount of S/. 45,850.00 each.
In relation to the first two checks, other proceedings were followed and, in relation to the third check, a complaint was filed for the commission of the crime of improper issuance.
Although the Public Prosecutor’s Office formulated an accusation, the Court at first acquitted the defendant of the charges; however, this decision was appealed.
The High Court declared our appeal well-founded and referred the case file to a new court for a new ruling.
The defense pleadings were presented, and an oral interview was held before the new Court in charge, who then issued a conviction sentence against the defendant, punishing him as the author of the crime of undue payment, sentencing him to two years suspended prison sentence and, as a rule of conduct, the payment of the amount of S/. 45, 850.00 plus the payment of a civil reparation of S/. 3,000.00. The consent of the sentence is pending confirmation.
