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TITLE Supreme Court Decision 2010Do3498 Decided May 27, 2010 [Fraud,Violation of the Electronic Financial Transaction Act] [full Text]
Summary
[1] Whether an act of claiming a return of deposit and receiving it constitutes a crime of fraud which intends the bank to be a victim in a case where a receiver acquires a claim to deposit equivalent to the transferred amount by means of the account transfer despite non-existence of a legal relation as a ground for such transfer between remitter and receiver (negative) [2] The case affirming the judgment below holding that where the defendant as a deposit account owner withdraws money which has been wire-transferred to his account by the remitter who was defrauded by a third party, such an act does not constitute a crime of fraud which intends the bank to be a victim
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