Crimes of misappropriation and fraud

Misappropriation of amounts delivered to complete a housing promotion The case revolves around a real estate promotion in Riogordo (Málaga), consisting of 20 homes, managed by a promoting company. In the first stage, two people were listed as joint administrators (although one of them handled the daily management). Between 2008 and 2009, several homes were sold and buyers delivered amounts on account. Some were even given the keys, despite the fact that the work was not actually finished (it was said to be 90% complete), no deed was granted, and the construction company ended up abandoning due to non-payments. The result was that buyers found themselves living in houses without deeds and without a clear situation in the Registry. Some time later, those administrators sold their shares and a third person entered as the sole administrator. This new administrator was aware of the previous problem, but still asked some buyers for additional money (for example, 8,000 euros) on the argument that it was to complete the promotion. The relevant point is that this money was not used for what was promised nor was it returned. Furthermore, between 2010 and 2011, new sales of homes occurred under similar conditions, and later the entire set of 20 homes was sold to another company, generating a serious conflict between those who had bought earlier and those who appeared later as titleholders. The Provincial Court acquitted the first two administrators (it was not proven that they had diverted the money), but convicted the last one for aggravated misappropriation and fraud. The Supreme Court (TS) confirmed the conviction and rejected the appeal as it did not accept reopening the evaluation of the evidence and considered the denial of new documentation correct because it referred to subsequent facts and was not relevant to what was judged.