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"The company bled dry": 60-year-old has to go to prison

2022-05-24T05:05:33.300Z


"The company bled dry": 60-year-old has to go to prison Created: 05/24/2022, 07:00 The Miesbach jury imposed a prison sentence (symbol image). © Imago Six days of negotiations were scheduled in the infidelity proceedings against a businessman (60). Now the mammoth trial has come to an end – with a fatal outcome for the accused: two years without probation. Rottach-Egern – In 72 cases, a man wh


"The company bled dry": 60-year-old has to go to prison

Created: 05/24/2022, 07:00

The Miesbach jury imposed a prison sentence (symbol image).

© Imago

Six days of negotiations were scheduled in the infidelity proceedings against a businessman (60).

Now the mammoth trial has come to an end – with a fatal outcome for the accused: two years without probation.

Rottach-Egern –

In 72 cases, a man who now lives in Alling/Fürstenfeldbruck district is said to have embezzled funds from a company that he managed with four shareholders and managing directors in Rottach-Egern.

The amount of damage is said to amount to more than 111,000 euros.

Three of his business partners reported him.

Young men, some of whom were still studying and trusted him.

The 60-year-old presented himself as the doer and father of the future success of the company.

In the United Arab Emirates he had funds in the millions – income from IT deals with sheikhs.

The company is financially secure, he said, and the young men don't have to worry.

At first they didn't bother either.

Only when they noticed inconsistencies in the company account did the trio become skeptical.

Only the accused took care of the financial matters, said the three in unison in court.

When they asked for bank statements for the first time in early 2018, they could hardly believe their eyes: 53,000 euros down.

Probation was out of the question

During five days of hearings in the jury, every single item that drove the company into bankruptcy was picked apart with the help of several witnesses.

Then there seemed to be light at the end of the tunnel.

"From my point of view we would have it," said Judge Walter Leitner.

Defense attorney André Vogel and the prosecutor agreed.

The latter said that the 60-year-old had always stated that he had not transferred any money from the company account to his own for private purposes.

From the point of view of the public prosecutor, however, the situation was different: "I am convinced that you took advantage of the young managers' inexperience.

You lived beyond your means and needed money.

Eventually, concert tickets or overpayments to his son – a co-managing director – led to the bankruptcy of the company.

A trip to Scotland was also purely private, the prosecutor complained, and cash withdrawals “far exceeded the coffee cash limit”.

From their point of view, 53 of the 72 alleged breaches of trust remained standing.

She demanded three years in prison and the confiscation of the compensation.

Probation is out of the question.

Read here: Nine-euro ticket: which routes you should avoid

Attorney Vogel, on the other hand, did not see a single act of infidelity as proven and demanded acquittal.

Vogel was convinced that the 60-year-old was responsible for the company financially.

"Among other things, he made payments that arose during the conversion from the UG to the GmbH."

"The accused did not cause any financial disadvantage for the others," the defense attorney insisted.

Neither the subjective nor the objective facts of infidelity are fulfilled - which is why the accused must remain a free man.

Two years imprisonment without parole

But he didn't stay.

Almost stoically, the 60-year-old accepted Judge Leitner's verdict: two years imprisonment without probation, plus confiscation of the value replacement of 81,885.32 euros.

Leitner saw acts of infidelity proven in 48 cases, and the man was acquitted in a further 24 counts.

"Commerciality is evident in the acts, and you acted with intent," affirmed Leitner.

The businessman wanted to generate regular income through his actions.

Money that was used for his private life and at the expense of the company.

Leitner added, "They bled the company dry and treated it like a self-service store."

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Source: merkur

All news articles on 2022-05-24

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