The offence of attempting to obtain a pecuniary advantge by deception has not been committed in this case.
A pecuniary advantage is:
(i) Being allowed to borrow by way of overdraft, eg where D pays for goods or services by way of a cheque drawn on his own account having been instructed by his bank not to do so, he will commit an offence under s16 if the cheque is supported by his cheque guarantee card and the bank, as a result, has to debit the amount of the cheque from D's account, thus increasing his overdraft.
(ii) Taking out a policy of insurance or annuity contract, or obtaining an improvement of the terms on which the defendant is allowed to do so, eg where D secures a policy, or a policy on better terms, by falsely stating that he is a non-smoker where this is material to the issue of the policy or its terms.
(iii) Being given an opportunity to earn remuneration or greater remuneration in an office or employment, eg where D lies about his qualifications and secures a job as a result, the job is the pecuniary advantage obtained by deception.
(iv) Being given the opportunity to win money by betting, eg where D by deception is allowed to bet on credit or cash terms.
The most likely offence would be attempting to obtain money by deception.
It would have to be proven that the seller of the goods actually knew that more than 100 of these key fobs had actually been produced in order for the deception element of the crime to be applicable.