funsec mailing list archives

Judge says Internet Fraud is not really Fraud in Spain


From: "Gary Funck" <gary () intrepid com>
Date: Mon, 27 Feb 2006 08:21:05 -0800


http://www.typicallyspanish.com/news/publish/article_2682.shtml

Costa del Sol
Judge says Internet Fraud is not really Fraud in Spain
By h.b.
Fri, 17 Feb 2006, 17:46


The judge in Penal Court number 3 in Málaga has found two people not guilty
of fraud, despite the court recognising that the two purchased a DVD player
on the Internet using a third party’s VISA card without the cardholder’s
authorisation.

The reason given by the magistrate for their release is that there had not
been any ‘computer manipulation’ or ‘sufficient deceit’.

It seems that legally while falsifying a credit card is considered as a
crime equal to making counterfeit money, the mere use of a third party’s
credit card without their [consnet]
can only be considered as a swindle. The problem arises because the current
penal code in Spain does not acknowledge the existence of e-commerce on the
Internet.


© typicallyspanish.com


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