Is it commercial cheating or bad luck in a game of skill? This legal issue was discussed on Wednesday in a trial against two shell players at the Vienna Regional Court. The judge answered them clearly.
An exciting legal issue will be discussed in the Wiener Landl on Wednesday. The defendants are two men from Kosovo who made money playing shell games at 39 activities in central Vienna. In addition to the game maker, there are also fictional players in their scams, know-it-alls, game animators and watchdogs.
The hat is always the wrong one
“The fraud is not manipulation per se, but rather the interplay of several accomplices,” the public prosecutor refers to an OGH ruling. She examines twenty players. Passers-by are deceived by skillfully pulling out 50-franc notes. Gang members pose as passersby and win a round or two. The spectators are amazed. Whoever comes in now has already lost. Because no matter which hat someone puts their money in, it’s always the wrong one.
No evidence of tampering
The defenders see no fraud: “The chance of winning is 1:3. It cannot be proven that the carpet or cones have been manipulated,” they say, calling it a game of skill. “If you’re a little intelligent, you can find the bullet,” the defendants claim.
“I didn’t know it was forbidden,” says one of the two men. “They were stopped numerous times by the police. How can you say that you did not know that?” answers judge Mathias Funk. “Because I kept getting released,” was the answer.
The rulings are already legally binding
But in November 2024, the handcuffs clicked. The pre-trial detention now results in a final conviction. Because Mr. Rat sees the actions as commercial fraud. He sentenced the fraudsters each to twelve months in prison, three of which were unconditional.
Source: Krone
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