Delito de Estafa Costa Rica
La estafa es un delito contra la propiedad o el patrimonio. En ocasiones se asimila al fraude, el timo y el engaño (dolo), pero aunque estén relacionados no se trata de lo mismo ya que estos últimos suelen formar parte del entramado de la estafa. De acuerdo a lo establecido en términos generales por los diferentes tipos de legislaciones, el delito de estafa es descrito como un acto de daño o perjuicio sobre la propiedad o el patrimonio de otra persona. Por lo general, los delitos de estafa son considerados de menor gravedad que otros (tales como el homicidio o el abuso sexual), pero la variedad de tipos de estafa hace que sea posible realizar tal nivel de daño a otros que las penas sean extremadamente altas para el criminal.
Código Penal
SECCIÓN IV
ESTAFAS Y OTRAS DEFRAUDACIONES
Estafa
Artículo 216.-Quien induciendo a error a otra persona o manteniéndola en él, por medio de la simulación de hechos falsos o por medio de la deformación o el ocultamiento de hechos verdaderos, utilizándolos para obtener un beneficio patrimonial antijurídico para sí o para un tercero, lesione el patrimonio ajeno, será sancionado en la siguiente forma:
1.-Con prisión de dos meses a tres años, si el monto de lo defraudado no excediere de diez veces el salario base(*).
2.-Con prisión de seis meses a diez años, si el monto de lo defraudado excediere de diez veces el salario base.
Las penas precedentes se elevarán en un tercio cuando los hechos señalados los realice quien sea apoderado o administrador de una empresa que obtenga, total o parcialmente, sus recursos del ahorro del público, o por quien, personalmente o por medio de una entidad inscrita o no inscrita, de cualquier naturaleza, haya obtenido sus recursos, total o parcialmente del ahorro del público.
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