I. Corte de Santiago acoge protección y ordena a banco restituir fondos sustraídos en fraude informático.
Published date | 24 January 2019 |
Author | Andres Pumarino |
En fallo unánime, la Corte de Apelaciones de Santiago acogió un recurso de protección y ordenó a un banco restituir los fondos que fueron sustraídos en un fraude informático.
La sentencia sostiene que aun cuando el fraude informático se haya ejecutado mediante el uso irregular de los datos y claves bancarias personales del recurrente de autos, no resulta posible soslayar que lo sustraído es dinero, bien fungible que se confunde con otros de igual poder liberatorio, con lo que resulta no sólo jurídica sino físicamente imposible sostener y menos acreditar la exacta identidad de las especies sustraídas mediante el fraude ejecutado a través de la cuenta bancaria del actor, circunstancia que fuerza a concluir que, en definitiva, el único afectado por el engaño referido es el banco recurrido, dada su calidad de propietario del mismo y al ser en quien recae, finalmente, el deber de custodia material de los fondos depositados, debiendo adoptar, al efecto, todas las medidas de seguridad necesarias para proteger adecuadamente el dinero...
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