Legal Q&A
Q
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Hello. Recently, my mother requested through KakaoTalk that I send gift certificates, so out of filial devotion I sent nine gift certificates worth 100,000 won each. When I asked the reason at the time, my mother said she wanted to go shopping, so I sent them without much suspicion. However, when I actually checked with my mother a few days later, I learned that her Kakao account had been hacked and that it was a smishing fraud in which someone else had impersonated her. In such a case, is there a way for me to recover the amount of the gift certificates I sent? And I would like to know what procedure I should follow as a victim of electronic financial fraud. I would appreciate your answer.
electronic financial fraud
smishing fraud
Answer
Published:
Author : Kuk Il KIM
Hello.
Having sent gift certificates out of filial devotion only to suffer smishing harm, you must have been truly flustered and upset.
Recently, messenger phishing that impersonates acquaintances in this way, and smishing fraud through KakaoTalk in particular, has surged, so special caution is needed.
As in this case, the method of demanding gift certificates through text messages or messengers that impersonate a parent is a very common type of electronic financial fraud.
In particular, because there are many methods that disguise the message as a wedding invitation, a first-birthday celebration, or the like, or that pretend an acquaintance is in an emergency to induce a URL click, when you receive a text message or a messenger message you must make it a habit to first verify the facts by telephone or other means.
Unfortunately, it is difficult to fully recover the amount of the loss, but we recommend that you immediately report it to the police, request a suspension of use from the gift certificate issuer, and also seek a consultation through relevant institutions such as the Financial Supervisory Service.
The methods for a refund of the loss are as follows.
(1) Applying to the financial company for damage relief
(2) Suspension of payment on the relevant account
(3) After requesting the Financial Supervisory Service to publicly announce the commencement of the claim-extinguishment procedure, the claim is extinguished once two months have passed
(4) Within 14 days from the date the claim is extinguished, the refund amount is determined and notified
(5) The amount is immediately refunded to the victim of the telecommunications-based financial fraud
A victim of electronic financial fraud can demand punishment of the perpetrator for the crime of fraud through criminal proceedings, and aggravated punishment is possible where telecommunications means were used.
In addition, you can attempt to recover the monetary loss through a civil lawsuit by filing a claim for damages or a claim for the return of unjust enrichment against the account holder.
Through such procedures, you can obtain both legal protection and economic compensation.
Electronic financial fraud is something that can happen to anyone, so we recommend that you respond quickly and take the necessary procedures.
If you need further help, please feel free to request a legal consultation at any time.
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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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