Trial in Feldkirch

Vorarlberg man sold a tablet twice

The 22-year-old from Oberland must now pay a fine of 550 euros and also bear the costs of the proceedings.(Bild: Chantall Dorn, Krone KREATIV)

An Oberlander sold one and the same item to two customers on the internet. He has now had to answer for this fraud at Feldkirch Regional Court. 

It is nothing new that the internet is also a playground for fraudsters. But despite all caution, people in good faith fall for dubious "bargains" time and again. This was also the case at the Feldkirch Regional Court on Tuesday.

The accused is a 22-year-old man from Oberland with no criminal record. In October, he had offered a tablet for sale for 120 euros on the "Willhaben" platform. This caught the attention of two interested parties. However, instead of accepting the offer from one and rejecting it from the other, the seller tricked both of them into believing that the tablet would be sent to their respective addresses once the money had been received.

The criminal proceedings were initiated because the defendant created the account under a false name, which constitutes the offense of misrepresentation.

Richter Theo Rümmele

When one of the two customers still did not find the tablet in his mailbox after some time, he tried to contact the seller via his account on the platform. But the seller doesn't budge. Finally, the customer realizes that he has been taken in by a fraudster. The account had been deleted in the meantime.

False pretenses
The deaf man filed a complaint. The criminal investigation department investigated, the Oberländer was convicted shortly afterwards and criminal proceedings were initiated. This was despite the fact that the accused had made amends and transferred the 120 euros and interest back to the victim. "This is because the defendant had created the account under a false name, which meant that the offense of misrepresentation was fulfilled," explained Judge Theo Rümmele.

Judge Theo Rümmele agreed to diversion as the defendant has no criminal record and has also made a remorseful confession.(Bild: Dorn Chantal)

Because the defendant is blameless and has made a remorseful confession, the judge agrees to an out-of-court settlement, i.e. diversion, and imposes a fine of 550 euros and also has to bear the costs of the proceedings.