Question from a reader:
I would like to ask about scam phone calls claiming to be from the police. I often hear things like, “Your account is being used for money laundering” or “Your credit card is being used by a fraud group.” In these cases, even if the account holder has no intention of wrongdoing, could they still be held
legally responsible? For example, if an account was created using a forged ID or a stolen cash card was used fraudulently, I believe the account holder is a victim. But does a crime still exist in such situations? If so, I worry that the victim may not be protected. Also, in cases of credit card fraud, I think the card company would contact you first, not the police. It’s important not to be swayed by the words of a scammer, but could you explain the legal responsibilities of the account holder in these cases? Thank you.

Legal Perspectives on Scam Calls: Responsibilities of the Account Holder and Their Impact

Recently, there has been an increase in scam phone calls claiming to be from the police. Hearing phrases like “Your account is being used for money laundering” or “Your credit card is being used by a fraud group” can understandably cause anxiety. Especially when you have no intention of wrongdoing, it’s natural to worry about what legal responsibilities you might face. In this article, I would like to delve into this topic.

What is the Reality of Scam Calls?

First, let’s talk about the reality of scam calls. Recently, a friend asked me, “I received a call from the police, what should I do?” He has never been involved in any crime and is an ordinary working person. I thought, “Isn’t that just a joke?” but in reality, many people are being deceived by such calls. Scammers use clever tactics to gain trust and intimidate the account holder. The phrase “Your name is being used” can have a significant psychological impact. This leads to panic and fear, making it difficult to think clearly, and the victim may end up following the scammer’s instructions.

Legal Responsibilities When the Account Holder Has No Intent

Now, to the main point. Can the account holder be held legally responsible even if they had no intention of wrongdoing? Generally, it is considered rare for an account holder to be held directly responsible for crimes committed using their name. For instance, if money laundering occurs through an account created with a forged ID, and the account holder was unaware, they are typically treated as a victim. However, it is important to note that evidence is required to prove “the misuse of my name.” For example, even if the account holder claims, “I didn’t know anything,” if they cannot prove that the other party was a scammer, legal proceedings can become difficult. I believe it is crucial to leave solid evidence in such situations. Specifically, saving call logs, SMS content, and records of consultations with the police can be helpful in resolving future troubles.

Regarding Credit Card Fraud

Next, let’s consider credit card fraud. When credit card fraud occurs, typically, the card company will contact the cardholder. If there are suspicious transactions on the statement, the cardholder can dispute them. What is important here is how much responsibility the user bears based on the card company’s terms and the law. Generally, regarding credit card fraud, the user’s responsibility is often reduced unless they intentionally leaked information or facilitated the fraudulent use. Specifically, many card companies have systems in place that state, “If you report fraudulent use within 30 days, you will be fully compensated.” If fraud is discovered, it is crucial to contact the card company immediately. A friend of mine experienced fraud once and, although he was initially worried about what to do, he acted quickly and was compensated right away.

Are Victims Left Unprotected?

After hearing all this, you might wonder, “But aren’t there cases where victims aren’t protected?” Indeed, the legal world can sometimes be harsh. There may be instances where the account holder is not recognized as a victim, and if evidence is insufficient, an innocent person could be charged with a crime. However, the law is evolving. Particularly, laws related to fraud are becoming stricter, and systems to protect victims are increasing. For example, consultation hotlines and support systems for fraud victims are being established. Utilizing these systems can increase the chances of receiving some form of relief.

Warnings and Conclusion

Finally, I would like to conclude with a warning regarding scam calls and fraudulent use. We receive a lot of information in our daily lives, but some of it includes traps set by scammers. It is essential to maintain a sense of skepticism and to respond calmly, asking yourself, “Is this true?” If you receive a call claiming to be from the police, do not immediately believe it; instead, hang up and contact the official police station directly to verify. To prevent falling victim to scams, constant vigilance is necessary. If something seems suspicious, it is important to consult experts or the police immediately. The legal world is complex and can sometimes feel cold, but if we take proper action, we can move in a better direction. Let’s remain vigilant against scam calls while ensuring we can live our daily lives with peace of mind.