Indemnification regarding assailants, etc.
Civil claim for damages- A victim with damages incurred from an electronic financial crime when damaged due to violation from intention or gross negligence of an assailant may make a civil claim for damages with the illegal act as the cause (Article 750 of the “Civil Act”).
Request for damage relief regarding the name holder of account used for fraud- Claim for return of unfair profit
· The victim of electronic financial crime may request return of unfair profit to the name holder of the account used for crime; the profit acquired from another’s valuables or labor with legal grounds on Article 741 of the “Civil Act” without reason.
- Claim for damages following joint tort
· Electronic financial crimes are committed in such a way that a victim transfers his/her money to a so called “fake deposit bank book.”
· As the above, the act of transferring or lending electronic medium such as bank book, debit card, etc. is prohibited by Article 9 of the “Electronic Financial Transactions Act,” and the victim of electronic financial crime can claim for joint tort liability pursuant to Article 760 of the “Civil Act” to the name holder of the account used for fraud based on the fact that the “Electronic Financial Transactions Act” was violated for the electronic financial crime.
Penal claim for damages- A victim damaged from an electronic financial crime may receive compensation for damages due to crime from the defendant by requesting a compensation order without making a civil litigation claim for damages when the defendant is sentenced of guilt in the criminal trial procedures regarding fraud and threat (refer to Chapter 39 of the “Criminal Act”).