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The Unanimous Decision of the 1st Criminal Chamber of the Judicial Court of Mato Grosso Reinforces That Sending a False Pix Proof, Even Alleged as Wrong Pix and with Direct Contact Between the Parties, Constitutes Electronic Fraud, Maintaining a Sentence of Four Years, Fine and Expert Evidence as Basis
The 1st Criminal Chamber of the Judicial Court of Mato Grosso Upheld the Conviction of a Woman for Electronic Fraud After a Wrong Pix with Sending a False Proof, Confirming a Sentence of Four Years of Imprisonment, Fine and Replacement by Restrictive Measures in Rondonópolis.
Unanimous Decision Confirms Penal Framing
Unanimously, the judges Denied the Defense’s Appeal and Upheld the Conviction for Electronic Fraud. The Sentence Was Set at Four Years of Imprisonment in an Open Regime, Replaced by Two Restrictive Penalties, in Addition to Fine.
The Collegiate Reaffirmed That Sending a False Payment Proof via Pix Constitutes Electronic Fraud, Even When There is Direct Contact with the Victim, Understanding Applied to the Case Judged.
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Dynamics of the Fraud with Altered Proof
According to the Records, the Accused Contacted the Stationery Store via Messaging Application, Using a False Name, and Requested School Supplies Whose Total Amount Was Just Over R$ 1,000.
To Convince the Establishment to Release the Products, She Sent an Altered Pix Proof, Omitting That It Was Merely a Scheduling, a Practice That Resulted in a Wrong Pix Perceived Only Later.
After Sending the Document, a Ride-Hailing Driver Picked Up the Materials. The Next Day, the Company Realized That the Amount Had Not Been Credited to the Account.
Defense Arguments and Relator’s Analysis
In the Appeal, the Defense Claimed Lack of Intent to Deceive and Argued That the Payment Would Be the Responsibility of a Third Party. It Also Requested, Alternatively, the Removal of the Qualifying Factor of Electronic Fraud.
When Analyzing the Appeal, the Relator, Judge Marcos Machado, Stated That the Evidence Clearly Demonstrates the Intent of Fraud, Dismissing the Arguments Presented.
Technical Evidence Supports the Conviction
According to the Vote, It Was Proven That the Accused Made the Request, Sent the Cut Proof, and Later Canceled the Pix Scheduling, Causing Direct Harm to the Commercial Establishment.
Expert Reports and Investigation Confirmed That the Proof Was Edited and That the Phone Number Used in the Negotiation Was Linked to the Defendant.
Qualifying Factor Maintained Even with Direct Contact
Regarding the Qualifying Factor, the Judges Highlighted That Sending a False Proof via Messaging Application Characterizes Electronic Fraud, According to the Penal Code, Even When There is Direct Contact with the Victim and Claim of Wrong Pix.
The Collegiate Also Understood That There Was No Restriction of Defense and That the Set of Evidence Is Sufficient to Maintain the Conviction. With Information from the Press Office of TJ-MT.
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