The Superior Court of Justice of Andalusia (TSJA) has confirmed the two-year prison sentence imposed on an employee of the Marbella Town Hall for a crime of embezzlement by keeping 25,400 euros that he requested as advances. Thus, the appeal of the defense is rejected and the sentence of Malaga is ratified.
As was declared proven by a popular jury, and has now been ratified, the accused carried out her work as a labor staff in the position of general administration assistant in the area of payroll of the Consistory, with what she had access to the database application.
Between January 2016 and January 2019, he was requesting the Mayor’s Office advances on their payrollwhich were granted “under the obligation to return them” and which were audited and approved by those responsible for the City Council.
However, the defendant, “in order to obtain a economic benefit was disposing of the amount of the advances granted by decree without returning them in the following months”, for which it “prevented”, through the computer application for managing municipal employees’ payroll to which it had access, the automatic quantity discount.
“And so he charged the full amount of the payroll in addition to the advances,” stated the Malaga ruling, noting that when the defendant learned in January 2019 that the operation had been detected by municipal officials “returned to the City Council the amount of 25,475 euros, sum of the amounts received as an advance that they had endorsed since 2016″.
The TSJA shares with the Chamber of Malaga that the defendant’s action “was not a late return of the amounts she received for payroll advances”, but rather that she “intentionally” blocked the discount on her payroll of said money ; Besides that he only returned the money when he learned that the operation had been detected.