translated from Spanish: Supreme Court ruling against Banco Santander requires it to refund $163 million to ClK Company

A sentence could set a precedent. This was the refore the Third Chamber of the Supreme Court forcing Banco Santander to return 163 million pesos to the clk company, which were stolen from the bank’s current account through 35 electronic transfers unknown by the holder and for which he sued to the bank.
The ruling stated that this fact would “deprive the company of its legitimate right to property”.
Irregular transfers were made in less than an hour on June 18, 2018. “During that period, the cell phone linked to the current account stopped working, as a third party fraudulently obtained a copy of the SIM card reporting the loss of the original,” the ruling states.
After the wrongdoing, the acts were reported to the Public Prosecutor’s Office and the same bank, without the latter having responded in favour of the request for restitution of the stolen money, even though the transfers were made on its platform Computer.
“Having passed the bank’s latest and most intense security measure through a fraudulent maneuver that took advantage of vulnerabilities that are its own, and then executed a series of manifestly irregular operations that motivated the reaction the bank itself, it can only be concluded that the reinstatement obligation remains enforceable to the appeal in its capacity as depositary, so, as was well resolved in the appealed decision, this arbitration must be upheld,” the Supreme Court ruled.
This is amid the discussion by the bill condemning card and electronic payment fraud, which was approved by the Chamber of Deputies last April, but is still frozen waiting to be implemented permanently. An initiative that derived it in a debate between the same parliamentarians and the banking institutions on who should deal with this type of crime.
The ruling was approved by almost all members of the Third Chamber of the Supreme Court. Ministers Sergio Muñoz, María Eugenia Sandoval and Angela Vivanco signed the line.
The authorities that did not sign were Minister Juan Muñoz Pardo for (having ended his term of substitution) and the member lawyer Alvaro Quintanilla, for absenting himself from the instance.
Check the bug here. 

Original source in Spanish

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