Penal - Rol N° O-3051-2017

This case involves an accusation of fraud against Rosa Plaza Ortiz. The events occurred on January 12, 2017, when the victim, Maria Badilla Llanos, was contacted by a person impersonating her uncle. This individual falsely informed her about an accident involving her cousin, Alan Llanos Vidal. Following the scammer's instructions, Maria Badilla Llanos deposited $298,000 into the RUT account of Rosa Plaza Ortiz and subsequently another $500,000 into the RUT account of Itsa Kaina Erices Urzúa. The victim later realized she had been deceived as her cousin had not been in any accident. The accused, Itsa Kaina Erices Urzúa, born on September 14, 1991, and residing at Río Uruguay N°504, Pudahuel Sur, Santiago, was found guilty of fraud. The sentence imposed was forty-one days of imprisonment, with accessory penalties. A fine was also applied, considered paid by the time she spent in pre-trial detention. The court granted conditional remission of the sentence under specific conditions and waived the record of this offense from her criminal history under Article 38 of Law 18.216. The court considered mitigating factors under Article 11, numbers 6 and 9, of the Penal Code.

• Basic Case Information:

  • Court: Juzgado de Garantía de Chillán.
  • RUC: 1700045665-9.
  • RIT: 3051-2017.
  • Date: June 15, 2019.
  • Type of Procedure: Simplified.

• Proven Facts:

  • On January 12, 2017, Nombre Apellido received a phone call in Chillán from an individual posing as her uncle, who falsely informed her about an accident involving her cousin, Nombre Apellido.
  • Following instructions, Nombre Apellido made a deposit of $298,000 into the RUT account of Nombre.
  • Subsequently, she made a second deposit of $500,000 into the RUT account of Nombre.
  • Nombre Apellido discovered she had been deceived and that ...