Criminal proceedings about bankruptcy of a butcher’s shop adjourned
Accordingly, creditors suffered damage of EUR 1.1 million. The main accused pleaded not guilty to the charge of fraudulent Krida (Section 156 StGB). The trial was adjourned early in the afternoon.
Actual managing director with a criminal record
When asked by the presiding judge of the jury panel how he confessed to the charge of grossly negligent consideration of creditors’ interests (paragraph 159 StGB), the first accused said: “Neither guilty nor innocent.” Regarding the third charge, the withholding of employee contributions to social security (paragraph 153c StGB), he didn’t want to say anything, explained the man from Lungau. He was considered the de facto managing director of the company.
Women of the family registered as bosses
Because of his previous convictions, some of which were relevant, he is said to have used his partner at the time and his mother as registered managers. The butchery was founded in 2018. In addition to meat processing, the company also runs a market stall and a restaurant in Salzburg. In addition, the management of an Alpine Club hut came, writes the APA.
As of May 31, 2019, according to the indictment by the Salzburg public prosecutor’s office, the butcher’s shop was “objectively insolvent, which was evident to the management”. The personnel and advertising expenses were excessive and the business records were not kept “in such a way that a requested overview of the true asset, financial and earnings situation of the company was possible”.
Massive allegations by the public prosecutor
It was not until July 20, 2020 that an application for the opening of restructuring proceedings without self-administration was made to the Salzburg Regional Court. The restructuring proceedings for the GmbH were opened on July 22, 2020 and changed to bankruptcy proceedings on September 21, 2020. The affected creditors are a bank, suppliers, employees and the Austrian health insurance fund.
The accusation of fraudulent Krida relates to an unjustified offsetting of advertising expenses of more than 100,000 euros with one of the two companies of the butcher’s shop to increase the company’s assets. After the defense attorney for the main accused, attorney Franz Essl, had submitted two counter-opinions, the amount of the unjustified claim was reduced and finally estimated at around 48,000 euros.
Accused rejects fraudulent Krida
The accused said that the accusation of fraudulent Krida against him was unfounded and that he could not understand it “in any way”. He had not commissioned this rebooking and also knew nothing about the booking process. Presumably his tax advisor made this booking. “I was in such a hamster wheel, I left the tax issues to him.”
The trial against Lungau was adjourned indefinitely on Tuesday to obtain further documents.
Mother acquitted, ex-girlfriend convicted
His mother, who was accused of Section 153 c StGB, was finally acquitted. Her defense attorney Michael Hofer had stated that she had paid the amounts. The former partner of the first accused was acquitted of the charge of fraudulent Krida, but sentenced to two months’ imprisonment for grossly negligent damage to creditors’ interests and for withholding employee contributions to social security. “She had no intent,” argued her defense attorney. The first accused made the decisions for the company.