Interpretando las huellas del cibercrimen
Author | Gustavo P. Giay,Andrés O'Farrell |
Date | 16 September 2015 |
Published date | 16 September 2015 |
Law Firm | Marval O'Farrell Mairal |
En el caso, la víctima denunció movimientos no autorizados desde su cuenta bancaria, ordenados desde el sitio web del banco. Puntualmente, objetó una transferencia de AR$ 3.000 a favor de una persona que desconocía por completo.
Tras la investigación, se identificó a un estudiante de la carrera de ingeniería en sistemas como el responsable de la maniobra. Según las constancias del caso, había obtenido el número de cuenta y la clave de acceso a través de la técnica denominada phishing, consistente en solicitar la información al cliente mediante un correo electrónico que simulaba una comunicación oficial del banco.
El Tribunal Oral interviniente resolvió condenar al imputado a la pena de un año de prisión en suspenso, como autor del delito defraudación mediante técnicas de manipulación informática (Artículo 173 inciso 16 del Código Penal).
El imputado interpuso recurso de casación contra la sentencia condenatoria, argumentando que no se había logrado demostrar su participación el fraude. Entre otras consideraciones, hizo especial hincapié en el hecho que el correo electrónico...
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