The Provincial Hearing of Leon has rejected the resource of appeal interposed by R.J.M.P. against the sentence that condemned to him by continued crime of fraud of telecommunications, when elaborating a nonauthorized card able descodificar the signal of a pay television and to insert new codes in the same.
The instance court considered proven that the appellant, being useful the card made, visionó during at least a month the services of the organization - which they only can be enjoyed paying the corresponding economic return that obvious did not satisfy. It could accede, in addition, to sport films or events whose benefit is conditioned to the payment of independent amounts by each of them.
Since the emitting organization monthly changed to the codes of emission of the signal doing inoperative the code of the card, the defendant in, at least one occasion, rewrote to the new code, visionando the signal without payment during at least a month. The total value of served ascended to 2,810 Euros.
Nevertheless, it was not credited that the defendant made cards to distribute to third parties or distributed obtained codes illegally or would have realized conducts of communication to third parties of the televising signal that he caught of the exhibited form.
It admits it
The Hearing has rejected the resource being based on the fact that, after to have admitted the preparation of an electronic card in which after inserting the codes that illegally it obtained in Internet and being conscious that it lacked the due authorization, it visualized the televising signal without economic contribution some, recognizing that when he was conscious that it had been come to the change of the codification came to carry out the reprogramming.
For the court there is no doubt that the exigency of the fraudulent spirit in the conduct of the appellant correctly is valued, because he himself declared that he made and repaired cards pirate to see the pay television. Also, the Hearing considers that it is in the presence of a continued criminal conduct inasmuch as the appellant enjoyed a televising signal of payment free of charge defrauding the other people's service of telecommunication and obtaining a clear benefit.
It adds that the incardinación of the facts correctly is carried out like crime and not like lack, since with the illicit use of the card the defendant stopped paying the quota of inscription, the installation, two monthly installments, the rent of the decoder and the consumption in ticket office in films or soccers match, economic break that surpasses the quantity limit determined between the figures of the lack of damages of article 624,3 and the 255 of Penal the Code sentence object. The condemned will have to assume pain of 9 months of fine in daily quotas of 3 Euros and indemnification of 2,810, 78 Euros to the emitting organization.