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A Vernon truck driver who was "duped" in an internet scam has been convicted of fraud.

While Roland Siegfried Martwig, 59, didn't orchestrate the scam and had little to do with it, BC Provincial Court Judge Jeremy Guild said he should have said something when he realized something wasn't quite right.

"If something smells, it probably... represents something untoward," Judge Guild said.

Martwig appeared at the Vernon Courthouse, April 26, and pleaded guilty to one charge of fraud.

The others involved in the scam aren't known and haven't been prosecuted.

The court heard the scam began when an unknown person in Ontario contacted an Edmonton photographer and hired them to shoot a senior's birthday party.

The photographer required a $450 deposit but the unknown person sent them a $3,450 cheque.

The Ontario scammer then contacted the photographer and made excuses about party planning and multiple people being involved and asked to forward the remaining $3,000.

The photographer obliged and sent $3,000. Days later the cheque bounced.

Out of the blue, the money then appeared in Martwig's bank account.

The court heard how Martwig then contacted the photographer and said he didn't know anything about the money.

However, a woman only known as Cindy then contacted Martwig.

Martwig had met Cindy online in 2015 and although they'd never met, they had some sort of relationship. After years of no contact, she'd recently got back in touch.

Cindy asked him to transfer her $1,500 as she was in South Africa and no longer had a North American bank account. He did and put the other $1,500 in his account.

"He had his suspicions at this time but he did not... inquire further what was actually happening," defence lawyer Laura McPheeters told the court.

The defence lawyer described Martwig as "naive" but "good-hearted."

"It was a severe lapse on his point," she said.

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Judge Guild pointed out that at this point Martwig should have said something.

"Getting the money was not criminal, keeping it and sending it off... was," the Judge said.

The court heard how Cindy had previously sent Martwig's two cheques that had bounced and he had suspicions about her. He had previously given her access to his bank accounts, but it hadn't worked because she was overseas.

The court heard that there was no evidence that Martwig had any involvement with others involved in the scam.

Crown prosecutors argued Martwig should do two months of house arrest.

The defence argued a suspended sentence was more appropriate so that Martwig could continue to work.

Judge Guild said Hartwig had been "opportunistic" and it was important to send a message to the public because too many people fall for internet scams.

"I was being used and manipulated and I should have known better when the red flags came on," Martwig told the court. "I am sorry. I will do whatever it takes to make this right."

Hartwig said he could pay the photographer the $3,000 that day.

Ultimately, the judge placed him on 12 months probation and ordered him to do 40 hours of community service and pay the $3,000 immediately.

Outside the courtroom, Hartwig told iNFOnews.ca he regretted what happened.

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"Obviously I've been taken advantage of by somebody else that I trusted and they used me as a pawn to hurt somebody else," he said. "If anything I would tell people don't trust people on the internet."

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