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Acquitted in abridged procedure.
The Director of […] l.l.c. was acquitted of the crime of fraud (section 640 of the Criminal Code) “because the fact does not exist.” According to the indictment, the defendant, acting as franchisor, allegedly deceived the contractual party whom he had induced to enter into a franchise agreement, by flaunting a large turnover of business – in reality nonexistent – of the Company in years 2012, 2013 and 2014 and promising numerous orders in favor of franchisee.
However, the accusation was nullified through the aggregate examination of the turnover of the group of companies directly and indirectly referable to the defendant, which made truthful the statements of the same by means of balance sheet allegations; also documented were the prestigious professional and entrepreneurial experiences of the Director in the field of IT that made him, although very young, already an authority in that field: “It is not possible to discern in the case in question the classic case of the contractor who through artifice and deception creates the appearance of an economic reality that in fact does not exist, thereby misleading the other party, determining her to pay consideration which, if not deceived she would never have determined to pay “.
Monocratic Court of Treviso, Criminal Section. Public hearing of January 11, 2023. Judgment No. 29/2023, filed February 27, 2023