Penal - Rol N° O-120-2019

This document details a court case in Punta Arenas, Chile, regarding an alleged fraud. Fabián Sanhueza Ponce accused Nicolás Gómez Peña of failing to deliver a car purchased for CLP 4,300,000. Sanhueza Ponce made two payments totaling the agreed amount. The car was imported through the Iquique Free Trade Zone, but Gómez Peña allegedly did not deliver it. The Public Prosecutor accused Gómez Peña of fraud under Articles 468 and 467 of the Criminal Code and sought a sentence of three years and one day, a fine, and accessory penalties. However, the court, by majority decision, acquitted Gómez Peña, finding that the element of deceit was not proven. The court argued that the prosecution failed to demonstrate that Gómez Peña presented a false front of an import business and that the non-delivery of the vehicle was more of a civil breach than a criminal act. Evidence presented by the defense, including a proforma invoice and bill of lading, supported Gómez Peña's claim of acquiring and transporting the car to Chile. Legal provisions cited include articles from the Criminal Code and Code of Criminal Procedure related to fraud, evidence valuation, and sentencing. Judge José Octavio Flores Vásquez dissented.

• Basic case information:

• Court: Court of Oral Criminal Trial of Punta Arenas.

• RUC: 1810051082-7

• RIT: 120-2019

• Date: December 23, 2019.

• Type of proceeding: Oral trial for the crime of fraud.

• Proven facts:

• In February 2017, Nombre commissioned Nombre to acquire a 2003 Nissan Fairlady Z for $4,300,000. Nombre was to buy it in Japan, import it to Chile through the Iquique Free Trade Zone, change the steering wheel, and deliver it in Punta Arenas.
• Nombre made two transfers to Nombre: $2,600,000 on February 16, 2017, and $1,700,000 on March 16, 2017.
• On February 16, 2017, a Proforma Invoice was issued in Japan in the name of Nombre and consignee Importadora y Exportadora de Productos ...