For several years, a dispute between an individual (Lawrence X) the mayor of the town of Marignier and General Counsel of the Department of Haute-Savoie, bringing the purchase by the local government of a parcel of land owned by the parent of the individual, for the construction of a bike path. A sales agreement was signed, but the initial layout for access to land which it claims the enjoyment and on which he intends to develop an aerial photography business has not been respected. The person noted whereas in the absence of right of way is found wedged its activity and has suffered significant financial harm.
But the dispute escalated progressively personal grudge against the mayor of the town of Marignier. A first conviction was imposed April 30, 2009 by the Court of Appeal of Chambery for premeditated violence.
A new complaint was filed March 29, 2009 by the chief magistrate on the grounds that under the guise of identity information had been solicited over the internet with the responsibility for land-use activities from the company's equipment department Haute-Savoie (HMDC), in charge of the bicycle path.
investigation established that an individual using the email address reads cabinet.mudry @ orange.fr to send messages signed 'Raymond Mdry' and gendarme4@orange.fr mail address to send messages to the Director of Systems Information on the General Council of Haute-Savoie. These messages were intended to elicit confidential information to feed the dispute with the elected officials for many years.
requisitions made by the investigator specializing in new technologies to identify the especially as the creator and user of these email addresses. The defendant placed in custody admitted then that these addresses belong to him, he was the author of the messages sent with the sole aim of seeking the truth, and that he had obtained documents which concerned the issue of his mother land . At the hearing, he disputed the facts alleged against him.
The Court of Appeal of Chambery called to deal with this issue is that the individual " created two email addresses for the purpose of deceiving the recipients of their messages by making them believe they were approached by the Mayor's Office MARIGNIER or gendarmerie this county. "
What matter," is by the use of these scams that he has obtained responsible for land activities HMDC and the director of information systems at the General Council of Haute-Savoie, information and confidential documents to be appropriated to the dispute he has with the local authority. Thus, by a message from March 25, 2009 he requested under the guise of an address on behalf of the Mayor's Office Marignier information which were returned by post dated March 26, 2009, accompanied Attachment .
Judges are then under Article 313-1 of the Penal Code. It provides that:
"The scam is the fact, or by using a false name or a false capacity, or by abuse of true quality, or by the use of fraudulent, misleading an individual or legal entity and thus determine, to their detriment or prejudice to third , to transfer funds, securities or any property, to provide a service or to consent to an act or discharge requirement. "In the Court of Appeal, it is established that" by maneuvers fraudulent, in this case a computer scheme, the defendant was provided with any property in this case a document containing confidential information and documents extracted from an administrative record, namely a letter and a promise of sale .
In these circumstances, the crime of fraud is well characterized and the Court of Appeal of Chambery confirmed the conviction and six months imprisonment, five months suspended.
Source: CA Chambery , 25/11/2010, Lawrence X v. Public Prosecutor Company's equipment department of Haute-Savoie and a. (unpublished)
Author: Benoit Tabaka - http://tabaka.blogspot.com 
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