The Provincial Court of Gipuzkoa has sentenced the former manager of the Il Capo restaurant in Lezo to 21 months in prison for appropriating 85,197 euros through a fraud system that he maintained for more than two years. The worker took advantage of his position within the establishment, dedicated especially to home food delivery, to manipulate both the company's accounting information and the payroll of several colleagues.
The events occurred between 2021 and September 2023 and ended with a final sentence issued on June 30. The accused, who initially requested his acquittal, ended up acknowledging the facts and accepting his conviction for a continued crime of fraud.
80,000 euros diverted from the restaurant
Most of the money came directly from the business accounts. According to the proven facts, the manager had access to the restaurant's accounting software and used that ability to alter the records and keep amounts that he later incorporated into his own assets.
Through this system, he managed to appropriate 80,000 euros belonging to Egolife SL, a company that was then operating the establishment. His position within the restaurant allowed him simultaneous access to the cash register, accounting, and different administrative processes, a combination that facilitated the irregularities lasting for years without being detected.
Fictitious advances to keep part of the payroll
The convicted also used a second procedure that directly affected his colleagues. Among his duties was to communicate monthly to the labor consultancy the necessary data to prepare the payroll, including any salary advances requested by the employees.
The manager began to declare advances that the workers had never requested or received. The consultancy incorporated them into the payroll and deducted those amounts from the salary that the employees later received.
To make it difficult for them to discover the irregularities, the establishment's manager systematically refused to provide them with paper payrolls, according to the resolution. In this way, the affected had a harder time checking why they received an amount lower than what they were actually entitled to.
Five workers lost 5,197 euros
The maneuver harmed five employees and allowed the accused to appropriate another 5,197 euros. The amounts stolen individually were 1,757, 1,480, 900, 710, and 350 euros, respectively, and in some cases, the fictitious discounts were repeated for numerous months.
The money corresponding to those salary amounts was subsequently withdrawn from the establishment's cash register by the manager. Added to the 80,000 euros diverted from the company, the economic damage recognized judicially amounts to 85,197 euros.
21 months in prison and return of all the money
The Provincial Court of Gipuzkoa has sentenced the responsible party for a continued crime of fraud to 21 months in prison, in addition to nine months of fines with a daily quota of three euros.
He will also have to return the 5,197 euros to the five affected workers and compensate the company with another 80,000 euros, in addition to the corresponding interests. The sentence is final after the accused finally acknowledged the facts and accepted the legal qualification raised during the procedure.
Will not initially enter prison
Despite the conviction, the former manager will not initially enter prison. The court has agreed to suspend the execution of the 21 months in prison for a period of five years, conditioned on not committing another crime and satisfying the civil liability.
The resolution allows him to return the 85,197 euros through monthly payments of 450 euros, plus interest. The court has also established that the first amounts he pays must be allocated to compensate the affected workers, due to the preferential nature of salary debts.
The case reflects how the concentration of several sensitive functions in one person can facilitate internal fraud over an extended period. The convicted controlled salary information, cash, and accounting, which allowed him to use two different mechanisms to appropriate both money from the restaurant and part of the salaries of his own colleagues.