According to the data, M. Š., acting under the instructions of other persons and for a promised reward, acquired all the company’s shares, appointed himself as its director, registered changes to the company’s data, opened accounts in financial and payment institutions, received payment cards and electronic banking tools. The company actually did not conduct any economic commercial activity and was used to conceal illegal activities.
M. Š. handed over the company’s registration documents, stamps, payment cards, phone SIM card, and account login data to an unidentified accomplice. Using the company’s name, the impression of a legally operating trading entity was created and alleged sales of used cars and new mobile phones were conducted in the online store www.telemaxi.lt.
On classified ad portals, allegedly for sale were cars “BMW 328 Xi”, “Audi A6” and “Audi Q3”. Misled buyers transferred advances for the sale and delivery of cars to the company’s account, but the cars were not delivered to them.
Another part of the fraud scheme was carried out in the online store “www.telemaxi.lt”, where mobile phones were offered at prices lower than the market. Buyers, after placing orders, transferred money to the company’s accounts but did not receive the ordered goods. In this way, a total of 88,375 euros were fraudulently obtained from more than 250 individuals and legal entities.
The court found that the fraud was continuous and well-organized, many individuals and legal entities were harmed, and the damage caused has not been essentially compensated to this day. The court also assessed that M. Š. was not the organizer of the criminal scheme, acted under the guidance of others, personally withdrew less than half of the total fraudulently obtained amount, and there is no reliable data in the case that he received the entire promised reward.
The court recognized as a mitigating circumstance that M. Š. admitted the essential circumstances of the criminal acts, sincerely regretted, and acknowledged the legitimacy of the victims’ property claims. An aggravating circumstance was recognized that he committed the criminal acts as part of a group of accomplices.
For illegal activity of a legal entity, M. Š. was sentenced to 75 days of arrest, and for fraud – 3 years of imprisonment. After consolidating the sentences, he was given a final sentence of 3 years imprisonment.
When imposing the sentence, the court took into account that M. Š. was 19 years old at the time of the criminal acts, almost eight years have passed since the acts, during this time he did not commit new crimes, works, did not hide from the court, and did not delay the process.
According to the court’s assessment, the actual serving of the prison sentence after such a long time since the commission of the criminal acts would weaken the achieved resocialization result and complicate the convicted person’s ability to compensate the victims for the damage caused. Considering the totality of these circumstances, the execution of the 3-year imprisonment sentence was postponed for 2 years.
During the entire period of the sentence postponement, M. Š. is obliged to continue working or studying, be at his place of residence from 11:00 p.m. to 6:00 a.m. unless leaving is related to work or study, and not to leave the city or district of residence without the permission of the institution supervising the convict. He must also participate in a behavior correction program within 9 months from the date the judgment becomes final.
The court also imposed a criminal sanction on M. Š. – deprived him of the right to engage in the establishment and management of legal entities and the organization of electronic commerce for 2 years.
During this period, he is prohibited from establishing private legal entities conducting economic commercial activities, holding managerial positions in legal entities, managing their bank and payment accounts, as well as organizing, administering, or controlling electronic and remote commerce.
According to the court, this measure is necessary because the criminal acts were directly related to the use of the status of a legal entity’s director, the company’s accounts, and electronic commerce tools. The restriction aims to reduce the risk of recurrence of similar criminal behavior, but it does not deprive the convict of the right to work or earn lawful income in other fields of activity.
The court fully satisfied the civil claims filed by the victims and civil plaintiffs.
Read more The resort called the Turkish Saint Tropez attracts Lithuanians: here is what makes it special
