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2024-01-23

Case Studies | Fraud | Can you be sued for fraud just for online shopping?

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【Case Background】

The party involved made an online purchase, and about a month later received a call from a fraud group stating that there was an error in the payment setup at the time of purchase, mistakenly setting it up for installment payments. They informed the party that someone from the bank would contact them to go to an ATM to undo this setting, insisting that the call must not be disconnected and that the party should follow the instructions given. This led the party into the trap of the fraud group. At the trial, the prosecutor's cold comments such as "I would have just hung up on such calls, how could you be fooled?" and "Why were you the only one fooled, while others weren't?" left the party angry and helpless, leading them to seek the assistance of our firm's lawyers.

 

【Prosecutor's Office: No Prosecution Decision】

After our firm's lawyers analyzed the case, it was found that the defendant, in a rush to cancel the order after being deceived, had not thought through carefully and was exploited by the fraud group. The prosecutor should not use hindsight and rational thinking to infer that the defendant, in a state of urgency due to being deceived, failed to respond appropriately, verify, or handle the situation, thereby assuming the defendant had a shared intention of fraud. Moreover, although the defendant, after receiving the fraudulent call, carelessly shared the account details without verification or careful thought, it was a negligent oversight in safeguarding their financial account information. However, the law does not specifically penalize negligent fraud, so the defendant's negligence in safeguarding their account details, leading to its exploitation by the fraud group, cannot be taken as evidence of their intentional involvement in the fraud.
 
In today's society, the government strives to eliminate the source of shell accounts, and the media frequently advises against sharing account information with others. The means for fraud groups to use shell accounts are becoming increasingly difficult, leading to a shift towards fraudulently obtaining others' account details for misuse, even using one victim's account as an intermediary to defraud others. The mere fact that funds entered and then were transferred out of the defendant's account cannot lead to the conclusion that they were complicit with the fraud group. Therefore, parties involved in such cases must seek a lawyer, who can analyze the flow of funds to the prosecutor and file a complaint against the fraud group, urging the police to investigate the flow of funds and clear their name.

 

Reference:Chapter 32 of the Criminal Code: Crimes of Fraud, Breach of Trust, and Usury

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