Ask a lawyer on the topic of Criminal law

Money demand

May 26, 2010 | 40,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

- November 2009 Conversation between Sina (23 years old) and Kevin (17 years old) via mobile phone
- 12 Nov. Kevin mentions prices of iPhone 1 = 380 € / 2 = 350 € with reference to invoice, receipt, and warranty (email)
- 13 Nov. Inquiry from Sina via mobile phone possibly about Samsung (email)
- 09 Feb. 2010 Sina asks about which model of iPhone (email)
- 12 Feb. Kevin mentions Model 3GS (email)
- 16 Feb. Sina asks about possible quantity (email)
- 25 Feb. Sina asks about possible colors (email)
- 25 Feb. Kevin asks about the quantity (email)
- 25 Feb. Sina writes that if possible, 6 - 8 pieces (email)
- 6 phones are ordered
- On the day of the money handover, only 2 phones (700 €) are to be purchased and Sina's friend's brother drives with Kevin to the third person. Money is handed over and a certificate for the money transfer to the third person should not be signed (according to the brother: it's useless anyways).
- Third person hands over the money to the fourth person??
- Third person notifies Kevin that delivery will only be made for the entire order (6 phones) (dealer says he won't come for 2 phones)
- Kevin talks to Sina
- Sina obtains the money and hands over 1400 € to Kevin
- Kevin hands over the money to the third person
- Third person hands over the money to the fourth person??
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- Everyone is waiting
-
- Lots of text messages between Kevin - Sina / Kevin - third person
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- 22 May Sina wants to talk to Kevin's parents (talks to Kevin's mother)
- 23 May Sina's friend (Tobi about 23+ years old) talks to the mother and wants the money 2100 €
- 23 May Tobi comes over, threatens to report to the police if 2100 € are not handed over and wants the address of the third person. Calls the third person to meet. Meeting doesn't happen.
- 23 May Tobi comes with transfer documents and a document that 2100 € must be paid, threatens with reporting to the police. We mention that 700 € were handed over by his brother and it's not our concern. Tobi would reduce the document to 1400 €.
- 24 May Tobi makes an offer of 700 € (2100 € through Kevin, third person and fourth person) for Kevin's job. Tobi wants 2100 € no matter what. Must arrange a meeting with the third person (Wednesday 26.05.10) or he will report to the police.

My son had ordered a phone for himself and Tobi

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry!

From a criminal law perspective, based on your description, your son has nothing to fear. The only thing that could be considered is if your son defrauded Sina. However, for this to be the case, your son would have had to have the intent to defraud Sina, which, according to your description, is not the case. On the contrary, it seems to me that both your son and Sina have been defrauded by person three and person four. Money was given but no goods were received.

I recommend the following course of action:

According to Section 107 of the Civil Code (BGB), your son could not have entered into a contract with person three and person four regarding the cell phones without your consent. Therefore, if the contract was entered into without your consent, its validity according to Section 108(1) of the BGB depends on your approval. If you refuse this approval, no contract has been concluded.

You should inform person three and person four that you expressly refuse approval and demand the return of the money, otherwise report the fraud to the authorities.

If the other party does not respond, you should report the fraud. You or Sina should first give the other party a written reasonable deadline (about 10-14 days) to deliver the two cell phones or refund the purchase price.

I would like to point out the following:

The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.

I hope my explanations have been helpful. Please accept my answer. You can of course contact me via my email address or the follow-up option if you have any further questions.

I hope I have answered your question to your satisfaction and wish you a pleasant Wednesday afternoon.

Kind regards from the North Sea coast,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/57774