They steal his mobile, they hire Netflix and on top of that they condemn him: luckily there was a happy ending

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Our data is more valuable than we think and, above all, we are aware of this when we know what cybercriminals can become capable of doing with it. We can even be convicted as authors of a scam if someone uses our email or mobile phone number to perform identity theft.

This case is the clear example of today’s story, in which a woman was initially sentenced for using her data to hire Netflix through Movistar.

That’s how easy it is to get involved in a scam

In 2021, a user reported that his access account to Mi Movistar had been violated to contract the Netflix service without his consent. After the investigations carried out, the personal data that had been used in the contracting of this service were discovered, not being those of the operator’s client, but those of MGA, the defendant.

Netflix and Movistar

Netflix and Movistar

With only the evidence of the defendant’s email and telephone number, the police investigation ruled that these two pieces of information were sufficient evidence to accuse her of being the cause of illicit access and identity theft.

This defendant, who did not even live in Spain at the time, was charged with the crime of fraud and was taken to court. Despite the fact that it alleged that in no case was it related to the unauthorized access to the complainant’s Movistar client account or to the subsequent contracting of Netflix through Movistar, the 54th Criminal Court of Madrid decided to issue a sentence conviction against the user, making pay a fine of 160 euros (4 euros per day for 40 days).

Fortunately, the appeal was successful

Despite the amount of the sentence imposed, the defendant decided to appeal the sentence and try to clean up her image, for which she turned to FACUA’s consumer assistance services. They managed to get the Provincial Court of Madrid, where the case escalated, to revoke said conviction and clean up her history.

Judgment

On the one hand, the evidence against him was simply the use of his personal data. The defendant already reported in her previous trial that in 2019 she lost her mobile phone, so that could have been the reason why someone could have pretended to be her. In addition, her phone number was suspended by Orange from September 2019 to August 2021, so she could not have used it to commit the crime. However, this document prepared by the orange operator was not admitted for processing in the first instance.

In addition, as we said before, the defendant did not even live in Spain at the time, but in London. As Netflix is ​​geo-blocked, having impersonated the Movistar client to benefit from Netflix would not have been possible, because she would not have been able to use it (at least without VPN).

Finally, the Provincial Court of Madrid has acquitted this defendant for not having been able to prove that it was she who supplanted the identity of the Movistar client and, in addition, violated the principle of right of presumption of innocence. According to the acquittal, “the lack of elements necessary to attribute to the appellant the crime for which she has been convicted is verified.” “In short, the account of proven facts of the appealed judgment turns out to be notoriously insufficient.”

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