They had a relationship "like mother and son" - the pensioner (91) and the good friend (64) who cared for them. But a few weeks before her death in December 2019, the senior citizen, who was living in a nursing home in Wolfratshausen at the time, discovered that the man had unabashedly used her bank and savings accounts. Now the Tölzer has been sentenced to two years' imprisonment in 48 cases for fraud.
Bad Tölz - The injured party and her husband had met the defendant a few years earlier.
The accused had helped the couple with various smaller jobs, ran errands, drove the old people to the doctor.
When the husband died in the spring of 2017, the widow hired the family friend, paid him 500 euros a month, provided him with a car free of charge, for which she also paid for gasoline and repairs.
Prosecution lists 48 account withdrawals
Even after the Wolfratshauser moved to a nursing home in November 2017, she continued to “employ” him.
One of his tasks was to get money from the bank for the senior citizen.
The defendant is said to have made use of this by means of blank powers of attorney in which he himself entered the amounts that he withdrew from the account.
The indictment lists 48 withdrawals over a period of just under two years.
Often the amounts were between 1,500 and 2,000 euros, but in some cases significantly higher amounts of up to 8,000 euros.
In addition, there was a withdrawal from the savings book in the amount of 10,000 euros.
After deducting the wages that the injured party had paid him in cash, the defendant is said to have illegally pocketed 91,030 euros.
"I haven't kept any money to myself"
The Tölzer strongly contradicted this. “I didn't keep any money for myself,” said the man, who soon got entangled in a thicket of explanations. “I had her sign the powers of attorney before redeeming them,” he explained. She was always aware of the amounts he had withdrawn. However, he admitted, the woman “gave him money when I needed something”. That added up: divorce costs, furniture purchase, bathroom renovation. He needed a lot of money. Sometimes his descriptions sounded as if the pensioner had given him the money. Then it said: “She made it available to me. If you need it, I'll have to pay it back. ”That never happened. "Everything I got was legal," emphasized the man. He was unable to provide any evidence to back up his claims. "Then I have to put it in writing,to avoid trouble, ”the judge protested. "Even more, if you have been charged with the relevant." 14 years ago the accused had already been sentenced to a suspended sentence for commercial fraud.
Witness: "She took him to the heart"
One witness said: “They were on good terms.
She took him to her heart like a son of her own. ”That is why she was“ very disappointed in the end ”.
When she found out what amount was missing, "she was afraid that there would be insufficient money to pay for the home," said the witness.
"She was probably afraid that he would not come again if she did not give him any more money," speculated another witness.
The numerous large withdrawals were noticed after the nephew - and sole heir - had been informed about discrepancies by the bank and the bank statements of the previous years had been examined more closely.
Judge speaks of a mild motion from the prosecutor
"He took advantage of the trust and deceived the lady about the withdrawals," emphasized the prosecutor in her plea, but also did not leave the other side unmentioned: "He took very good care of her." This fact was one reason why the Prosecutor requested a two-year prison sentence with probation as well as the confiscation of 91,000 euros.
Judge Helmut Berger followed the request, but indicated that he was surprised by the mild request.
"You have to twist yourself pretty much to find something that speaks for the accused," said Berger.
"After the husband's death, you used the account as a self-service shop and shamelessly exploited the woman's great trust."
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