On that basis, the 1st Criminal Chamber of the Mato Grosso Court of Justice upheld the conviction of a woman for electronic fraud after she sent a false Pix receipt to deceive a stationery store in Rondonopolis. The judges unanimously denied the defense appeal and confirmed a four-year prison sentence in open regime, replaced by two restrictive penalties, in addition to a fine.
According to the case file, the accused contacted the stationery store through a messaging app, using a false name, and ordered school supplies worth slightly more than R$ 1,000.
To persuade the establishment to release the goods, she sent an altered Pix receipt, omitting the fact that the payment was merely scheduled. After the document was sent, an app driver went to the store and collected the materials. The following day, the company found that the amount had not been credited to its account.
On appeal, the defense argued that there had been no intent to deceive and maintained that payment was the responsibility of a third party. In the alternative, it requested removal of the electronic fraud classification.
Intent to defraud
When analyzing the appeal, reporting judge Marcos Machado stated that the evidence clearly showed fraudulent intent. According to the opinion, it was proven that the accused placed the order, sent the cropped receipt and later canceled the scheduled Pix transaction, causing loss to the establishment.
The judges also found no violation of defense rights and held that the body of evidence was sufficient to maintain the conviction. Expert reports and investigation records confirmed that the receipt had been edited and that the phone number used in the negotiation was linked to the defendant.
As to the legal classification, the panel emphasized that sending a false payment receipt through a messaging app constitutes electronic fraud under the Criminal Code, even where there is direct contact with the victim.
Case 1026023-08.2022.8.11.0003
Source: Conjur
