Penal - Rol N° O-14300-2014

BCI FACTORING S.A. vs. MARCELO OSCAR MOSCOSO BALUT. The Judicial District of Antofagasta's Court of Guarantee, in charge of trial RUC 1410039213-6 and RIT 14300-2014, issued a ruling on August 30, 2019, in a simplified oral proceeding for a private action. The defendant, MARCELO OSCAR MOSCOSO BALUT, was accused of issuing three checks with insufficient funds: FJ 0002118308 for CLP 103,972,849 dated July 4, 2014; FJ 0002119861 for CLP 30,000,000 dated July 14, 2014; and FJ 0002120108 for CLP 30,083,540 dated July 31, 2014. All checks were protested for insufficient funds. The plaintiff, BCI Factoring, sought a sentence of maximum minor prison for 3 years and 1 day, based on Article 22 of the Law on Current Accounts and Checks. The defendant's personal details include identity card number 11.820.581-2 and domicile at Calle Rapahue N° 1108, Antofagasta. The court acquitted the defendant, citing insufficient proof of the defendant not depositing sufficient funds within three days of notification of the check protest. The court also considered a prior conciliation agreement and applied the principle of presumption of innocence, deeming the evidence presented by the plaintiff weak.

• Case Basic Data:

• Court: Court of Guarantee of Antofagasta.
• RUC: 1410039213-6
• RIT: 14300-2014
• Date: August 30, 2019.
• Type of procedure: Simplified oral proceeding of private action.

• Proven Facts:

• The defendant Nombre issued the following checks:

1. Check Series 1 FJ 0002118308 from Banco Santander Chile, dated July 4, 2014, for $103,972,849, protested for lack of funds.
2. Check Series 1 FJ 0002119861 from Banco Santander Chile, dated July 14, 2014, for $30,000,000, protested for lack of funds.
3. Check Series 1 FJ 0002120108 from Banco Santander Chile, dated July 31, 2014, for $30,083,540, protested for lack of funds.

• The checks were protested for lack of funds.
• The defendant was notified of the protest.

• Legal Classification and Sentence Imposed:...