For washing machines charged, but never delivered: Verdict reached
For commercial serious fraud, a 56-year-old man was sentenced to 24 months imprisonment, of which eight months are unconditional, at the Klagenfurt Regional Court on Thursday. The man admitted to charging washing machines and dryers to a housing association in 224 cases without delivering the devices. The damage was estimated at more than 600,000 euros. The verdict was initially not legally binding.
Beginning in 2019
In December 2019, the accused began the criminal activities and continued them until he was caught in August 2024. The 56-year-old worked in his family's business, which sold and repaired household electrical appliances. The company had a decades-long business relationship with the cooperative that built and managed apartments and exclusively took care of the cooperative's properties.
"The accused began to exploit this trust basis and inadequate controls. As a result, he charged washing machines and dryers multiple times, even though they were not delivered," explained prosecutor Tanja Wohlgemuth. Often, he only installed much cheaper, inferior devices, and when he did order high-quality washing machines, he sold them privately and pocketed the money.
Accused of Defamation
The man was also accused of giving false evidence and defamation. He not only denied his guilt but also reported a business partner, even though the partner had nothing to do with the crimes. Only when the lengthy investigation continued to expand did the man make a full confession.
Defense attorney Hans Gradischnig argued that a "particularly tempting opportunity" had arisen for the defendant: "The 224 invoices were paid by the cooperative without a single check being conducted. Unsigned delivery notes were attached." His client only came up with the idea because he had accidentally issued an invoice that was paid even though nothing had been delivered. The man continued to exploit this subsequently.
Amount of Damage Not Disputed
The previously unblemished 56-year-old pleaded fully guilty and did not dispute the amount of damage. He said he needed the money due to massive financial problems, he told the jury under the chairmanship of Judge Mathias Polak.
It was mitigating for the defendant that he was unblemished and confessed remorsefully, said Polak in his reasoning for the verdict. That he used the money for his family was "something different than if one extracts money from someone and parks the money in one's own assets." Nevertheless, the judge emphasized: "There was no tempting opportunity."
All in all, the sentencing remained in the lower third - in the extreme case, the man could have faced up to ten years in prison. The defendant accepted the verdict, prosecutor Wohlgemuth made no statement.
(APA/Red)
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